South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 3 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES
Subpart C - Recording Criteria
Section 71-329 - Forms
Universal Citation: SC Code Regs 71-329
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses, the 300-A is the Summary of Work-Related Injuries and Illnesses, and the OSHA 301 form is called the Injury and Illness Incident Report.
(b) Implementation.
(1) What do I need to do to
complete the OSHA 300 Log? You must enter information about your business at
the top of the OSHA 300 Log, enter a one or two line description for each
recordable injury or illness and summarize this information on the OSHA 300-A
at the end of the year.
(2) What do
I need to do to complete the OSHA 301 Incident Report? You must complete an
OSHA 301 Incident Report form, or an equivalent form, for each recordable
injury or illness entered on the OSHA 300 Log.
(3) How quickly must each injury or illness
be recorded? You must enter each recordable injury or illness on the OSHA 300
Log and 301 Incident Report within seven [7] calendar days of receiving
information that a recordable injury or illness has occurred.
(4) What is an equivalent form? An equivalent
form is one that has the same information, is as readable and understandable,
and is completed using the same instructions as the OSHA form it replaces. Many
employers use an insurance form instead of the OSHA 301 Incident Report, or
supplement an insurance form by adding any additional information required by
OSHA.
(5) May I keep my records on
a computer? Yes, if the computer can produce equivalent forms when they are
needed, as described under 71-335 and 71-340; you may keep your records using
the computer system.
(6) Are there
situations where I do not put the employee's name on the forms for privacy
reasons? Yes, if you have a "privacy concern case," you may not enter the
employee's name on the OSHA 300 Log. Instead, enter "privacy case" in the space
normally used for the employee's name. This will protect the privacy of the
injured or ill employee when another employee, a former employee, or an
authorized employee representative is provided access to the OSHA 300 Log under
71-335(b)(2). You must keep a separate, confidential list of the case numbers
and employee names for your privacy concern cases so you can update the cases
and provide the information to the government if asked to do so.
(7) How do I determine if an injury or
illness is a privacy concern case? You must consider the following injuries or
illnesses to be privacy concern cases:
(i) An
injury or illness to an intimate body part or the reproductive
system;
(ii) An injury or illness
resulting from a sexual assault;
(iii) Mental illnesses;
(iv) HIV infection, hepatitis, or
tuberculosis;
(v) Needlestick
injuries and cuts from sharp objects that are contaminated with another
person's blood or other potentially infectious material (see 71-308 for
definitions); and
(vi) Other
illnesses, if the employee voluntarily requests that his or her name not be
entered on the log.
(8)
May I classify any other types of injuries and illnesses as privacy concern
cases? No, this is a complete list of all injuries and illnesses considered
privacy concern cases for Subarticle 3 purposes.
(9) If I have removed the employee's name,
but still believe that the employee may be identified from the information on
the forms, is there anything else that I can do further protect the employee's
privacy? Yes, if you have a reasonable basis to believe that information
describing the privacy concern case may be personally identifiable even though
the employee's name has been omitted, you may use discretion in describing the
injury or illness on both the OSHA 300 and 301 forms. You must enter enough
information to identify the cause of the incident and the general severity of
the injury or illness, but you do not need to include details of an intimate or
private nature. For example, a sexual assault case could be described as
"injury from assault," or an injury to a reproductive organ could be described
as "lower abdominal injury."
(10)
What must I do to protect employee privacy if I wish to provide access to the
OSHA Forms 300 and 301 to persons other than government representatives,
employees, former employees or authorized representatives? If you decide to
voluntarily disclose the Forms to persons other than government
representatives, employees, former employees or authorized representatives (as
required by 71-335 and 71-340), you must remove or hide the employees' names
and other personally identifying information, except for the following cases.
You may disclose the Forms with personally identifying information only:
(i) to an auditor or consultant hired by the
employer to evaluate the safety and health program;
(ii) to the extent necessary for processing a
claim for workers' compensation or other insurance benefits; or
(iii) to a public health authority or law
enforcement agency for uses and disclosures for which consent, an
authorization, or opportunity to agree or object is not required under
Department of Health and Human Services Standards for Privacy of Individually
Identifiable Health Information,
45
CFR 164.512. (Cross Reference: 1904.29)
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