Common OSHA Citations in the Cannabis Industry: Forms 300 & 301

Are you a cannabis cultivator, processor, or involved in another part of the legal cannabis industry? Even though the Federal government does not recognize the legality of cannabis, OSHA still has jurisdiction to check cannabis worksites (agricultural, processing, and retail) and cite companies for workplace violations. Is your cannabis business prepared for a visit from OSHA?

Some of the most common citations relate to failure to report workplace injury via OSHA Form 300A (Log of Work-Related Injuries and Illnesses) & OSHA Form 301 (Injury and Illness Incident Report).

According to OSHA, employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. Minor injuries required first-aid only do not need to be recorded. A business must use Form 300A to report a business’s total number of fatalities, missed workdays, job transfers or restrictions, and injuries and illnesses. It also requires the number of employees and the hours worked for the year. If there were no recordable injuries or illnesses, a company must still post the form, with zeroes on the appropriate lines.

Green CulturED, a Colorado-based eLearning solution provider for the cannabis-industry, reports 4 common 300A mistakes include: Not having a management representative with high enough status within the company “certify” the 300A; Not posting a 300A for years in which there were no recordable injuries; Not maintaining a copy of the certified versions of the 300A form; Not updating prior years’ 300 Logs based on newly discovered information about previously unrecorded injuries or changes to injuries that were previously recorded.

March 2, 2020 was the deadline for employers to electronically file their annual summary of all work-related injuries and illnesses quickly approaching.

It should be noted that in 2019, OSHA reduced some of the electronic reporting requirements. Now, employers with 250 or more employees at a particular establishment are no longer required to electronically submit their OSHA 300 and OSHA 301 Forms directly to OSHA. Establishments with 250 or more employees still need to electronically file their annual OSHA 300A Form before March 2, 2020. Establishments with between 20 and 249 employees are also still required to electronically file their OSHA 300A Form by March 2, 2020, if they fall into one of the industries designated by OSHA’s regulations. Additionally, all employers must continue to report to OSHA any workplace incident that results in a fatality, in-patient hospitalization, amputation, or loss of an eye.

RHP Risk helps our clients access risk in the workplace, especially risk as related to OSHA standards, and mitigate that risk and increase safety. We can help you be prepared for a visit from OSHA and help avoid them altogether by helping you create a safe work environment and protect your workers’ health and safety. If you are interested in RHP Risk Management’s health and safety services related to the cannabis industry, visit: https://rhprisk.com/cannabis/ or call Jason Lang, CIH, CSP at (773) 867-6002.