If you fail to post your annual OSHA Form 300A, you risk triggering a federal OSHA inspection that can lead to penalties exceeding $15,000 per violation. This federal Log Summary, mandated by the Occupational Safety and Health Administration (OSHA), is required annually for all Rochester, NY, restaurants with 10 or more employees to summarize workplace injuries and illnesses. Key facts for the 2026 submission:
Analyzed from OSHA Form 300A - Summary of Work-Related Injuries and Illnesses
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Manual entry or document upload required
The requirement to post an annual OSHA Form 300A for your Rochester restaurant comes directly from the federal Occupational Safety and Health Act of 1970 and its implementing regulations (29 CFR 1904). While the federal law sets the mandate, enforcement in New York is carried out by two agencies depending on your workforce: the federal OSHA, or the New York State Department of Labor's Public Employee Safety and Health (PESH) Bureau for public sector employees. This is not a form you file but a document you must complete, certify, and post in a conspicuous location at your establishment every year from February 1 through April 30.
Failing to post this summary is one of the most common triggers for an OSHA inspection in the hospitality industry, which can lead to a broader review of your workplace. The consequences of non-compliance are severe and can cripple a business. Based on current OSHA penalty structures, violations for not posting the Form 300A can result in:
Legal code: Occupational Safety and Health Act of 1970 (OSH Act)
Recent update: As of 2025, OSHA has increased its maximum penalties for willful and repeat violations to $161,323, and the electronic submission requirement for establishments with 100 or more employees is now permanent and mandatory.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if the establishment employs 10 or more full-time or part-time workers at any time during the previous calendar year, as per OSHA 29 CFR 1904.39 and the general industry reporting threshold. |
| Bar / Nightclub | Required | Required if the establishment meets the OSHA employee threshold of 10 or more workers, as it is classified under general industry (NAICS 7224) and not specifically exempt. |
| Food Truck | Required | Required if the food truck operation, as a single establishment, employed 10 or more workers at any point in the previous year; this includes all employees (drivers, cooks, cashiers) under the employer's control per OSHA 29 CFR 1904.30. |
| Coffee Shop / Café | Required | Required if the café had 10 or more employees in the previous calendar year, as it operates in the general industry sector and does not qualify for the partial exemption for establishments with fewer than 10 workers. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the sum of all cases (injuries and illnesses) you recorded on OSHA Form 300 during the calendar year, which you must count and verify from your internal logs.
COMMON MISTAKE: Including minor first-aid incidents that are not 'recordable' per OSHA definitions (like a bandage for a small cut) or failing to count illnesses like hearing loss, which inflates the total incorrectly.
Enter the total hours worked by all employees at this establishment for the year, including overtime and vacation hours paid, which you should calculate from payroll or timekeeping records.
COMMON MISTAKE: Using estimates instead of actual payroll data, omitting hours for part-time or temporary workers, or entering hours in a non-numeric format, which leads to an inaccurate incidence rate.
This is the calculated incidence rate (Total recordable cases x 200,000 / Total hours worked); you must compute it accurately and enter the result rounded to two decimal places.
COMMON MISTAKE: Manually calculating the rate incorrectly (wrong multiplier or division), entering the raw case count instead of the rate, or formatting with extra decimals, which triggers a review.
Enter the total number of cases from OSHA Form 300 that resulted in days away from work, job transfer, or restricted work activity, which you must tally from columns H and I.
COMMON MISTAKE: Counting cases where the employee returned to normal work the next day (not a DART case) or missing cases that had restricted work but no days away, underreporting serious injuries.
Enter the same total hours worked by all employees used for the total recordable rate calculation; this figure must be identical in both rate fields for consistency.
COMMON MISTAKE: Using a different hours figure than the one entered for the total recordable rate, causing a mismatch that flags the form for inconsistency during OSHA review.
This is the calculated DART incidence rate (DART cases x 200,000 / Total hours worked); compute it precisely and enter the result rounded to two decimal places.
COMMON MISTAKE: Using the wrong base number of DART cases or hours, entering the rate without the correct formula, or providing a rate that doesn't align with the logged cases, leading to rejection.
Enter the calendar year (e.g., 2024) for which the summary is being posted, which must match the year covered by the OSHA Form 300 log you maintained.
COMMON MISTAKE: Entering the current fiscal year instead of the calendar year, or typing the year in a non-standard format (e.g., '24'), which can confuse auditors.
Enter the official legal name of your restaurant or business establishment as it appears on tax filings and other regulatory documents.
COMMON MISTAKE: Using a DBA (Doing Business As) name instead of the legal entity name, or abbreviating the name inconsistently with other OSHA filings, causing identification issues.
Enter the city where your restaurant is physically located and where employees work, as required for establishment identification.
COMMON MISTAKE: Entering the city of your corporate headquarters if different from the worksite location, or misspelling the city name, which may delay processing.
Enter the two-letter abbreviation for the state (e.g., NY for New York) where your restaurant establishment is located.
COMMON MISTAKE: Writing the full state name instead of the abbreviation, or using the abbreviation for a different state if you have multiple locations, creating jurisdictional errors.
ApronPrep auto-fills 164 of 198 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Displaying the detailed OSHA Form 300 (Log of Work-Related Injuries and Illnesses) instead of the required Form 300A Summary, or failing to have the form certified by a company executive before posting. The 300A has only 7 data-entry fields and is a summary of the prior year's data. Consequences include OSHA violations and potential fines during an inspection. To avoid this, ensure you post only the certified Form 300A, signed by a company owner or highest-ranking official, from February 1 to April 30 each year.
Entering the number of employees instead of the total hours all employees worked for the year in field (G). This figure is critical for calculating incident rates. For example, if you had 10 full-time employees who each worked 2,000 hours, the correct entry is 20,000, not 10. An incorrect entry misrepresents your establishment's safety record and can raise red flags. Pull this number from payroll records to ensure accuracy.
Incorrectly tallying numbers for specific injury types (like column K for musculoskeletal disorders) or entering data for the wrong establishment or year. A common error is including non-work-related incidents or illnesses from your private health insurance log. This can lead to an inaccurate summary and potential penalties. Always transfer data only from your completed OSHA Form 300 Log for the specific establishment and calendar year being summarized.
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| City | Fee Range | Timeline |
|---|---|---|
| Buffalo | ||
| New York City | ||
| Rochester |
Compile all completed OSHA Form 300 'Log of Work-Related Injuries and Illnesses' entries for the previous calendar year (January 1 to December 31). You must ensure every recordable incident (deaths, injuries requiring medical treatment beyond first aid, diagnosed illnesses) is accurately logged. This step trips up establishments that misclassify incidents; for example, a cut requiring stitches is recordable, but one requiring only a bandage is not.
Using the compiled OSHA 300 Log, transfer the annual totals for each column (e.g., total number of cases, days away from work, job transfer cases) to the corresponding lines on OSHA Form 300A. You need your establishment's name, address, and annual average number of employees and total hours worked by all employees for the year. A common error is miscalculating the average employee count, which must include all workers, not just full-time staff.
A company executive (like the owner or highest-ranking manager at your Rochester location) must sign and certify the accuracy of Form 300A. You are then required to post the completed form in a conspicuous place where employee notices are typically displayed (e.g., an employee break room or bulletin board). Posting must occur from February 1 through April 30 of each year. Failure to post for the full period is a common violation cited during inspections.
This is one of 13 requirements for opening a restaurant in New York.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing time for the OSHA Form 300A is not measured in days but in annual posting and recordkeeping deadlines. You must complete and post this summary form annually from February 1 to April 30 at each establishment, per federal OSHA regulations (29 CFR 1904.32). There is no government 'processing' timeline—your responsibility is to maintain the log and have the posted summary available for inspection, which also supports other local requirements like your City Business License/Registration.
There are **$0–$0** government filing fees for the OSHA Form 300A itself, as it is a federally mandated recordkeeping document, not a permit purchased from an agency. You may incur costs related to creating and maintaining the underlying OSHA 300 Log of injuries, such as staff time or software. Not legal advice—verify requirements with the federal Occupational Safety and Health Administration (OSHA).
No, you cannot 'transfer' a Form 300A. This summary is establishment-specific and covers a single calendar year. If you move your restaurant to a new location, you must create a new OSHA 300 Log and a new Form 300A summary for that new establishment for the relevant year. This is similar to how you would need a new Certificate of Occupancy for the new space—each physical location has its own set of compliance documents.
You 'renew' this requirement **annually**. The Form 300A is a summary of the previous calendar year's data. You must prepare a new form each year, post it from February 1 to April 30, and keep it on file for five years, as required by OSHA regulation 29 CFR 1904.33. This is a recurring administrative task distinct from biennial filings like the Biennial Statement Filing for your business entity.
During an OSHA inspection, a compliance officer will ask to see your OSHA 300 Log, the current year's Form 300A (posted Feb-April), and the Forms 301 (Incident Report) for recorded injuries. They will verify the records are complete, accurate, and posted in a common area where employees can see them. Inspections can be triggered by a complaint, a severe incident, or as part of a local emphasis program—failure to have these records can result in citations and fines, independent of any local permit inspections.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For New York specifically, we have analyzed compliance dossiers for 3 cities (Buffalo, New York City, Rochester), generating Rich FILs (Form Intelligence Layers) with 198 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
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