When an OSHA representative requests an employer to provide copies of its 300 log, the employer must provide copies of the log within four business hours. But when is OSHA allowed to request the 300 logs? An OSHA inspector can access an employer’s 300 log if the employer is subject to a legitimate inspection.
First, a worksite may be selected for inspection based off its own 300 log data from previous years. OSHA reviews yearly incident reports from all worksites that have submitted a 300 log. It then uses this data to pick which particular worksites will be inspected. If OSHA is inspecting the worksite because it was a scheduled interview based off of past incident reports, the employer would likely be required to grant OSHA access to its 300 log.
Second, a worksite may be selected for inspection if it performs work in an industry in which there is a high frequency of injuries, based on the yearly incident reports. If OSHA is inspecting the worksite because it operates in a particularly hazardous industry, the employer would likely be required to grant OSHA access to its 300 log.
Third, OSHA may inspect an employer’s 300 log based on its normal inspection criteria, including: inspections in the wake of accidents, scheduled inspections, and inspections in response to employee and outside agency complaints. If OSHA is inspecting a business based on these usual inspection criteria, the employer would likely be required to grant access to its 300 log.
However, if the inspection is being performed because of a complaint, OSHA must first review the complaint to adequately determine whether the facts alleged in the complaint pose a legitimate safety risk. If there is no potential safety risk as the basis for the inspection, the inspection is likely not warranted.
For help with OSHA requests or other OSHA related matters, please call (312) 894-3322 or fill out our contact form.