Section 350.250  Purpose, Scope and Definitions

a)         Purpose

The purpose of this Subpart B is to require employers to record and report work-related fatalities, injuries and illnesses. Recording or reporting a work-related injury, illness or fatality does not mean that the employer or employee was at fault, that a standard or rule has been violated, or that the employee is eligible for workers' compensation or other benefits.

b)         Scope.  All public employers are required to maintain records of work-related injuries and illnesses under this Subpart B.

c)         Definitions

For purposes of this Subpart B, the following terms have the meanings ascribed in this subsection:

Establishment − a single physical location where business is conducted or where services or industrial operations are performed.  For activities in which employees do not work at a single physical location, such as construction, transportation, and electric, gas and sanitary services, and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc., that either supervise those activities or are the base from which personnel carry out those activities.

One location contains two or more establishments if:

Each group represents a distinctly separate function (i.e., police, fire); or

Each establishment is engaged in different economic activity;

No one NAICS (North American Industry Classification System) Code applies to the joint activities; or

Separate reports are routinely prepared for each group on the number of employees and/or wages.

An establishment can include more than one physical location if:

The employer operates the locations as a single operation under common management;

The locations are all located in close proximity to each other; and

The employer keeps one set of records for the locations, such as records on the number of employees, their wages and salaries and other kinds of business information. For example, one establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.

When an employee telecommutes from home, the employee's home is not a business establishment and a separate OSHA Form 300 Log (Log of Work-Related Injuries and Illnesses) is not required. Employees who telecommute must be linked to one establishment.

Forms – the required forms for documenting work-related deaths, injuries and illnesses are the OSHA Form 300 (Log of Work-Related Injuries and Illnesses), the OSHA 300A (Summary of Injuries/Illnesses) and the OSHA 301 (Injury/Illness Incident Form).  The Illinois Workers' Compensation Commission IWCC Form 45 (Employer's First Report of Injury) may be substituted for the OSHA Form 301 as long as the information is equivalent.

Injury or Illness − an abnormal condition or disorder. Injuries include, but are but not limited to, a cut, fracture, sprain or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder or poisoning. Injuries and illnesses are recordable only if they are new, work-related cases that meet one or more of this Subpart's recording criteria.

Physician or Other Licensed Health Care Professional − an individual whose legally permitted scope of practice (i.e., license, registration or certification) allows the individual to independently perform, or be delegated the responsibility to perform, the activities described by this Subpart.

(Source:  Amended at 46 Ill. Reg. 3518, effective February 15, 2022)