Injuries at Your Workplace

 

The Occupational Safety and Health Act requires employers to maintain records of serious occupational injuries and illnesses using the “OSHA 300 Log” form to help regulators, workers, and employers to identify workplace hazards and work together to prevent injuries. By law, workers and former workers have the right to access those logs so they can better understand the hazards that are present in their workplaces and work to protect themselves and their coworkers.  

To develop this report, current and former workers at Amazon facilities across the country requested logs from their workplaces to help better understand the hazards that they and their coworkers have been exposed to in their facilities. This chart shows annual injury rates at Amazon facilities that workers have provided logs for. Filter by year and facility to see how your workplace stacks up against other Amazon facilities and the national averages from other workplaces.

 

Don't see your workplace listed? You can request OSHA logs for any facility you worked at.   

 

Requesting OSHA 300 Logs

 

To request OSHA 300 Logs from your workplace, a current or former worker must send a letter to the company requesting the Logs. The employer is required to keep logs for five years, as well as the current year to date, and workers are entitled to all five years of records, even if they did not work there for the full time period. You should request logs for the year 2014 (or the year the facility opened if it has been open for less than five years) through the date you send the letter.

 

Employers are also required to prepare each new year an “Annual Summary” (OSHA Form 300A) of the injuries/illnesses in the prior year, and to post it Feb. 1 – April 30. Workers can also request this form, which is essential to evaluating the 300 Logs because it gives the number of workers and worker-hours needed to calculate an injury rate for the facility.

Sample Request Letter

 
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Click here to download an editable version of this sample OSHA log request letter. 

Share OSHA 300 and 300A logs from your facility

Want to share OSHA 300 or 300A logs from your facility with other Amazon workers and the public? Upload your logs here and they will be added to the data set on this website as soon as possible. 

 

Frequently Asked Questions on Workers’ Right to OSHA 300 Logs
 

OSHA’s Recordkeeping Policies and Procedures Manual requires covered employers to keep injury and illness records in three forms: The OSHA 300 Log of Work-Related Injuries and Illnesses, the annual OSHA 300A Summary of Work-Related Injuries and Illnesses, and the OSHA 301 Injury and Illness Report. These logs must be kept for five years and they must be provided to employees, former employees, and employee representatives upon request. Unfortunately, but not surprisingly, however, employers sometimes attempt to limit workers access to these important records. Some common questions are addressed below:

 

Who can request records?
Employees, former employees, their personal representatives and authorized employee representatives have the right to access OSHA injury and illness records. The regulation defines an “employee representative” as “an authorized collective bargaining agent of employees” and it defines a “personal representative” as “any person that the employee or former employee designates as such in writing; or the legal representative of a deceased or legally incapacitated employee or former employee.”

 

Can workers share copies of OSHA 300 logs that they obtain with unions, worker centers, or community organizations?
Yes. OSHA addresses this in the preamble discussion of the standard. “While there may be instances where employees share the data with third parties who normally would not be allowed to access the data directly, the final rule contains no enforceable restrictions on the use by employees or their representatives.” [1]

 

Because some of the information included in the Logs likely involves personal information about employees, OSHA has added a statement to the Log and Incident Report Forms indicating that these records contain information related to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is used for occupational safety and health purposes. While anyone handling these documents should certainly be conscious of the sensitive nature that they may contain about workers, OSHA is clear in its preamble to the standard that this should not deter workers from using the information to advocate for safety improvements for themselves and their coworkers. It says, “Encouraging parties with access to the forms to keep the information confidential where possible…should not discourage the use of information for safety and health purposes.”[2]

 

Can the company require workers to sign non-disclosure agreements before providing Logs?
No. OSHA also addresses this in its preamble discussion on the standard. “The employer may not require an employee, former employee, or designated employee representative to agree to limit the use of the records as a condition for viewing or obtaining copies of the records.” [3]

 

Can the company limit the dates of disclosure to only the dates for which the worker was officially employed? For example, if a worker only worked from January to March 2018, can the company limit the data they disclose to just those three months?
No. The standard states that the employer “must save the OSHA 300 Log, the privacy cases list, the annual summary, and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that these records cover.”[4] Nothing in the standard suggests that employees who worked at the facility for a shorter period of time are not entitled to all five years of reporting.

 

OSHA lays out its rationale in the preamble document accompanying the rule. “OSHA continues to believe that granting employees a broad right to access injury and illness records serves important public interests. There is persuasive evidence that access by employees and their representatives to the Log and the Incident Report serves as a useful check on the accuracy of the employer’s record keeping and promotes greater employee involvement in prevention programs that contribute to safer, more healthful workplaces.”[5]

 

Workers are entitled to data from the facility where they worked, including nearby facilities that they are transferred to fill in at occasionally. They are not, however, entitled to records from facilities where they have never worked. 

 

Who is responsible for keeping records on injuries and illnesses of contractors and agency employees?
The host employer is required to maintain injury and illness records for the employees on its payroll as well as “injuries and illnesses of other employees the employer supervises on a day-to-day basis, such as temporary workers or contractor employees who are subject to daily supervision by the employer. Day-to-day supervision occurs when in addition to specifying the output, product or result to be accomplished by the person’s work, the employer supervises the details, means, methods and processes by which the work is to be accomplished.”[6]

 

Because each injury should only be recorded on one employer’s OSHA 300 Log there is no joint employer designation for recordkeeping. OSHA’s guidance is clear that simply providing human resources functions such as vacation/leave requests, compensation and benefits, and drug screening do not constitute day-to-day supervision. The employer that assigns the daily tasks including setting routes, making work assignments, and directing work is the responsible employer for the purposes of recordkeeping.[7]

 

If an employee is unclear whether the Logs covering them are being kept by Amazon or a contractor, they should start by requesting them from Amazon, and if Amazon responds by saying that they are not responsible for keeping the records they can ask their contract employer. If neither party is keeping records, then one of the parties is in violation of the recordkeeping requirement.

 

What if Amazon refuses to provide all or some of the requested logs?
Failure to keep accurate Logs or provide requested documents to employees or their representatives by the end of the next business day is a violation that can result in an ‘other-than-serious’ citation and an unadjusted fine of up $1,000 for each form not provided up to a maximum penalty of $7,000.[8] Workers or their representatives can file a complaint at their area OSHA office, but if there are other health and safety concerns in the facility, workers may choose to file the complaint for the failure to provide records along with complaints on other issues. 

[1] Preamble Discussion: Section 1904.35 (66 FR 6050-6060, Jan. 19, 2001)

[2] Preamble Discussion: Section 1904.35 (66 FR 6050-6060, Jan. 19, 2001)

[3] Ibid.

[4] 29 CFR 1904.33

[5] Preamble Discussion: Section 1904.35 (66 FR 6050-6060, Jan. 19, 2001)

[6] OSHA Directive, CPL 02-00-135, Recordkeeping Policies and Procedures Manual, 12/30/2004.

[7] “Determining Who Is the Responsible Party to Record an Injury or Illness | Occupational Safety and Health Administration,” accessed June 3, 2019, https://www.osha.gov/laws-regs/standardinterpretations/2015-10-19-0.

[8] Ibid.

 

This report was produced by the Awood Center, Make the Road New Jersey, Make the Road New York, the National Employment Law Project, New York Communities for Change, United for Respect, Warehouse Workers for Justice and Warehouse Worker Resource Center. You can reach the authors at