Don’t be surprised when OSHA knocks on your door. Even though marijuana is not federally legal just yet, OSHA has jurisdiction over marijuana facilities – cultivation, processing, manufacturing, and retail. How can this be? How can a non-federally legal industry be federally inspected? Business are required to ensure a safe workplace, including marijuana businesses. Under the Occupational Safety and Health Act, employers must furnish “employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”. Simply put, regardless of company type, companies are obligated to provide a safe workplace and OSHA makes sure you’re held to their standards.

OSHA incentivizes companies to abide by their standards by using hefty fines! And we mean hefty… the most serious penalty for a willful or repeated violation has a maximum of $136,532 per violation. Other than a monetary financial fine, other consequences may include criminal fines (employers have been sentenced to prison in extreme cases), and also disruptions to your business, time loss, and ultimately your revenue loss. It’s essential for your business to be well prepared prior to OSHA’s visit: for your bottom line, your employee’s safety, and your business’s reputation. Not only are employers required to provide a safe working environment, but companies must also keep multiple records of work-related injuries and illnesses.

Required OSHA Injury & Illness Recordkeeping Forms

Aside from applying various OSHA programs and training at your facility, OSHA also requires marijuana and hemp companies to complete certain recordkeeping documents. OSHA requires employers with more than 10 employees to keep record of work-related injuries and illnesses. Minor injuries that required first-aid are not included in the record. Below is a quick breakdown of injury illness recordkeeping forms:

• Form 300: Incident summary form that outlines what happened and who was involved in a specific injury event.
• Form 301: Business location-based log that includes a line item for every workplace incident.
• Form 300A: Summary of Work-Related Injuries and Illnesses that include a business’s total number of fatalities, missed workdays, job transfers or restrictions, and injuries and illnesses. Each February 1 through April 30, employers must post a 300A for the previous year. Even if no injuries or illnesses occurred during the year, employers must display the 300A form with an “0”.

Injury and illness information helps employers, employees and OSHA evaluate the safety of a workplace, understand industry hazards, and implement worker protections to reduce and eliminate hazards. By assessing these important industry statistics, we can better prevent future workplace injuries and illnesses.

Although Form 300 & 301 are required to be maintained at the physical facility, certain company types will need to submit Form 300A electronically directly to OSHA by March 2nd. Don’t miss your deadline!!

March 2nd Required Form 300A Submission

Employers must electronically submit their 2021 injury and illness data OSHA Form 300A by March 2nd. Well, that is some companies will need to submit their information. The required submission of this form is dependent on the type of company & the number of employees:

• Applies to a company with 250 or more employees
• Applies to a company with 20-249 employees classified in specific industries that are known to have historically high rates of injuries and illnesses on the job

The “specific industries that are known to have historically high rates of injuries and illnesses on the jobs” is a long list that include agriculture, manufacturing, wholesale trade, grocery stores, specialty food stores, scenic and sightseeing transportation, couriers and express delivery services, warehousing and storage, etc.

Here is OSHA’s full list of specific industries with high rates of injuries and illnesses.

Here is a list of industry types that are not required to submit their 300A form regardless of number of employees.

If you are having trouble figuring out what NAICS code you fall under, reach out to your tax specialist or accountant. They can usually determine where your company falls.

Companies with 250 or more employees:

1. Find your North American Industry Classification System (NAICS) code.
2. Compare the NAICS code with the list of industry types that are not required to submit form 300A.
3. If your NAICS code is not on this list, you must submit your Form 300A electronically by March 2nd.

Companies with 20 to 249 employees:

1. Find your North American Industry Classification System (NAICS) code.
2. Compare the NAICS code with the list of industry types that are not required to submit form 300A. If your NAICS code is on this list, Form 300A is not required for submission.
3. Compare the NAICS code with the list of specific industries with high rates of injuries and illnesses.
4. If your NAICS code is among the list of specific industries with high rates of injuries and illnesses, you’ll need to submit Form 300A by March 2nd.

OSHA Recordkeeping Support

Allay Consulting helps support our clients with mitigating risk and increasing safety at the workplace. If you need assistance with completing or submitting these OSHA forms, especially if you need to submit OSHA Form 300A by March 2nd, contact Allay Consulting.