OSHA Issues a Final Rule to Improve Tracking of Workplace Injuries & Illnesses

The final rule requires certain employers to electronically submit injury & illness data to OSHA that they already required to maintain under OSHA regulations. The content of these establishment-specific submissions depends on the size and industry of the employer.

In order to ensure the completeness and accuracy of this data collected by employers and reported to OSHA, the rule also:

• Requires employers to inform employees of their right to report work-related injury and illnesses free from retaliation
• Clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and
• Incorporates the existing statutory prohibition on retaliation against employees for reporting work-related injuries or illnesses

How will it help?

Electronic submission of establishment-specific injury & illness data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Analysis of the data will improve OSHA’s ability to identify, target, and remove safety and health hazards, thereby preventing workplace injuries, illnesses and deaths.

Also, employers can use this information to benchmark their own safety performance. Currently, employers have limited or no ways to compare their safety performance with other firms in their industry. Using data collected under this rule, employers will be able to compare injury rates at their establishment to those at comparable establishment, and set workplace safety goals benchmarked to other establishments in their industry.

Who does this apply to?

Establishments with 250 or more employees that are subject to OSHA’s recordkeeping requirements must electronically submit to OSHA some of the information from the Log of Work-Related Injuries and Illnesses (OSHA Form 300), the Summary of Work-Related Injuries and Illness (OSHA Form 300A), and the Injury and Illness Incident Report (OSHA Form 301).

Establishments with 20-249 employees in certain high risk industriesmust electronically submit to OSHA some of the information from the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A)

Establishments with fewer than 20 employees at all times during the year do not have to routinely submit information electronically to OSHA.

When must the data be submitted?

The final rules takes effects January 1, 2017, and reporting requirements will be phased in over two years, as follows:

Establishments with 250 or more employees must begin submitting the following information:

• OSHA Form 300A by July 1, 2017
• OSHA Forms 300A, 300 and 301 by July 1, 2018
• Beginning in 2019 and every year thereafter, the data must be submitted by March 2

Establishments with 20-249 employees in the identified high-risk industries must begin submitting the following information:

• OSHA Form 300A by July 1, 2017 and again by July 1, 2018
• Beginning in 2019 and every year thereafter, the data must be submitted by March 2

Within six months after publication of this final rule, State Plan shall adopt requirements that are substantially identical to the requirements in this final rule. OSHA will provide further information and guidance as the States decide how to implement these new reporting requirements.

How will the data be submitted?

OSHA will provide a secure website for the electronic submission of information. The website will include web forms for direct data entry and instructions for other means of submission (e.g. file uploads).

How long will it take?

For establishments with 20-249 employees, OSHA estimates that it will typically take an employer about 10 minutes to create an account and another 10 minutes to enter the required information.

For establishments with 250 or more employees, OSHA estimates that it will typically take an employer about 10 minutes to create an account, 10 minutes to enter the information from the 300A, and 12 minutes to enter the required information for each injury or illness recorded on the 300 and 301.

Quick and easy!

Questions? Call LSCI today at (724) 776-1003!