There are two sets of recordkeeping rules for work-related injuries and illnesses:
- Those required by the New York State Workers’ Compensation Law (WCL)
- Those required by the federal Occupational Safety and Health Administration (OSHA)
New York employers must retain injury and illness records for 18 years, whether or not the injury or illness results in a claim, in case a non-reportable injury later becomes a claim.
NYSIF eFROI® retains permanent reports of injury. NYSIF policyholders have access to previously filed eFROI submissions, which may meet their New York State recordkeeping requirements. Failure to comply with these requirements is a misdemeanor that may result in penalties for the employer and escalate claim costs.
OSHA requires employers to retain records for five years. Most employers must record injuries and illnesses in the OSHA 300 Log, which they must post annually between February 1 and April 30.