Division of Labor and Industry


MOSH Instruction 10-1 - Maryland Occupational Safety and Health (MOSH) Instructions

Subject: Injury and Illness Recordkeeping National Emphasis Program (RK NEP)
Effective Date: January 1, 2010
Issuance Date: January 1, 2010
Expiration Date: January 1, 2011
Purpose: This instruction establishes enforcement procedures to inspect the accuracy of the Occupational Injury and Illness Recordkeeping and Reporting Requirements for low rate establishments in selected industries. [see Appendix A]
Scope: This instruction applies MOSH-wide
References: OSHA Instruction CPL 02-09-08 Injury and Illness Recordkeeping NEP, September 30, 2009.
Maryland Occupational Safety and Health Act, July 1, 1973.
29 CFR Part 1904, Recordkeeping and Reporting Occupational Injuries and Illnesses.
Bureau of Labor Statistics (BLS), Table SNR02. Highest incident rates of nonfatal occupational injury and illness cases with days away from work, restricted work activity, or job transfer, private industry 2007.
Contact: Chief of MOSH Compliance Services
312 Marshall Avenue, Room 602
Laurel, Maryland 20707
(410) 880-4886 x312
By and Under the Authority of: Roger Campbell, Assistant Commissioner


Recently, several academic studies have asserted varying degrees of under-recording of workplace injuries and illnesses on the OSHA Form 300; (e.g., Boden L.I., Ozonoff A. Capture-Recapture Estimates of Nonfatal Workplace Injuries and Illnesses, 2008 and Rosenman K.D. How Much Work-Related Injury and Illness is Missed By the Current National Surveillance System, 2006). At the request of the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and Labor, the Government Accountability Office (GAO) initiated a study on the accuracy of employer injury and illness records. In an effort to identify and correct under-recorded and incorrectly recorded cases and to work cooperatively with the GAO, OSHA is initiating this NEP. This NEP also complements the Bureau of Labor Statistics' efforts to investigate factors accounting for differences in the number of workplace injuries and illnesses estimated by the BLS and other data sources.

OSHA postulates the most likely places where under-recorded injuries and illnesses may exist would be low rate establishments operating in historically high rate industries. The NEP will pilot test OSHA's ability to effectively target establishments to identify under-recording of occupational injuries and illnesses.

MOSH is participating in this NEP to assist OSHA in it's effort to address the issue of inaccurate recording of occupational injuries and illnesses.


The Chief of Operations shall ensure that the policies and procedures set forth in this instruction are followed, and that professional judgment is used when conducting inspections under this NEP.

The Chief of Operations shall request a list of establishments to be inspected from the Office of Statistical Analysis. The list shall not exceed five establishments. Public sector establishments that appear on the list will not be deleted from the list.

The Chief of Operations shall ensure that this instruction is reviewed with the CSHOs conducting inspections under this NEP.

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings

Download this instruction, attachments and appendices (Word document, 462KB, download Word viewer for free)

  1. Definitions.
  2. Program Procedures.
  3. Scheduling.
  4. Inspection Procedures.
  5. Issuance of Citations.
  6. Recording and Tracking.
  7. Evaluation

List of Appendices
Appendix A. List of In Scope Industries
Appendix B. Cover Letters
Appendix C. Worksheet and Questionnaires
Appendix D. Sample Recordkeeping Citations
Appendix E. Says Away From Work Case Rates for Musculokeletal Disorders, 2007
Appendix F. CSHO Checklist

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