On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized its workplace injury recordkeeping and reporting rule that will require employers to electronically submit information about workplace injuries and illnesses. Employers must report the data that they are already required to record on their onsite OSHA Injury and Illness forms; the final rule does not add to or change an employer’s obligation to complete, retain, and certify injury and illness records. OSHA plans to post information reported by employers on a publicly accessible website.
In addition, the final rule bars employers from retaliating against employees for reporting these incidents. Under the final rule, employers must inform workers of their right to report work-related injuries and illnesses without fear of retaliation. These provisions become effective August 10, 2016. According to OSHA, the purpose of the new rule is to increase transparency and encourage employers to increase efforts to prevent work-related injuries and illnesses.
OSHA will develop a secure web-portal for the electronic submission of information, which will contain instructions regarding submission of information. The rule will take effect in January 2017. Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. They must submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019, the information must be submitted by March 2.
Establishments with 20-249 employees in certain high-risk industries* must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019, the information must be submitted by March 2.
Establishments with fewer than 20 employees are not required to submit information electronically on an annual basis, but may be required to do so if notified by OSHA.
*Click here for a list of these industries.
This client alert is intended to inform clients and other interested parties about legal matters of current interest and is not intended as legal advice.