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OSHA has recently issued a final rule which revises its recordkeeping regulation. Although first proposed in November 2013, the final rule, published to the Federal Register on May 12, 2016, will require employers in certain industries to (1) electronically submit injury and illness data to OSHA annually, (2) update requirements on how to inform employees to report work-related injuries, and (3) prohibit discriminating against an employee for reporting a work-related injury.
The rule takes effect on August 10, 2016, with the understanding that all 2016 injury and illness data must be submitted by July 1, 2017.
In its release, OSHA stated the purpose of the new rule as well as some expected implications. The purpose is “to prevent worker injuries and illnesses through the collection and use of timely, establishment-specific injury and illness data…to identify and mitigate workplace hazards and thereby prevent worker injuries and illnesses.” The implications of the rule, however, are less than altruistic, since the background to the ruling admits that “disclosure of and public access to data will ‘nudge’ some employers to abate hazards” and “citations can result in orders requiring employers to abate violations.”
Who must file?
Two categories of employers must submit information from their injury records.
- Employers with 250 or more employees, at any time during the year, are now required to submit OSHA forms 300A, 300, and 301 once per year.
- Employers with 20 or more, but fewer than 250 employees, at any time during the year, and the business operates in one of OSHAs predetermined high-hazard industries, are now required to submit OSHA form 300A once per year.
Employers not falling in one of the two above categories, must submit information only if OSHA notifies them to do so, but are still required to complete and maintain the information annually (unless otherwise exempt from the recordkeeping requirement). While not yet available, OSHA expects the electronic submission of data to be processed through their website at www.osha.gov.
The high-hazard industries include construction, manufacturing, wholesale trade, utilities, agriculture, grocery and department stores, many types of residential health-care facilities, freight trucking and warehousing. For a complete list of industries which fall under the data submission requirement, follow the link below:
Resources and additional links:
Final OSHA Rule (full 273 page document)
OSHA Fact Sheet (3 page summary of rule)
List of industries required to submit data
New reporting notification poster – English, Spanish, Creole
Specific injury OSHA reporting requirements
Employers exempt from recordkeeping
OSHA Forms 300, 300A & 301
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