August 29, 2016
On May 12, 2016 the New OSHA Recordkeeping Rule was finalized and it will become effective January 1, 2017.
Electronic Data Submission
Some employers will be required to submit annual recordable injuries/illnesses reports electronically and this data will be available to the public. This is intended to:
Encourage employers to reduce accidents
Provide improved data to researchers to innovate safety solutions
Allow the public, prospective employees, customers, competitors, and investors to assess the company’s safety record
Employers with 250 or more employees, who are required by OSHA to maintain work related injury/illness data, will be required to submit information from the OSHA 300 Log, 300A Summary, and 301 Form (First Report of Injury). A phased in approach allows that only the 300A Summary data needs to be submitted in 2017 for the 2016 data. In subsequent years, data from all three documents will be required.
Employers with 20-249 employees in designated high injury rate industries will be required to submit information from a 300A Summary. A list of the designated high injury rate industries is attached.
Submission deadline for 2016 OSHA 300A Summaries from both types of employers is 7/1/2017.
Submission deadline for 2017 data, from both types of employers, is 7/1/2018. Subsequent year’s submission deadlines will be March 2 of the following year.
OSHA will remove all personally identifiable information prior to posting the data on its website.
Employers that are exempted from the recordkeeping requirements, have less than 20 employees or are conditionally exempted based on NAICS code, are not required to report electronically.
Non-Retaliation, Informing Employees and Drug Testing Policies
The final rule also includes provisions to encourage worker reporting of injuries/illnesses and prohibits employers from retaliating against these employees.
Employers must inform employees of their right to report workplace injuries/illnesses by posting or other means
The procedure for reporting must not discourage employees from reporting
Employers may not retaliate or penalize employees who report injuries/illnesses
The rule may require changes to post incident drug testing policies. The employer must be able to establish that the purpose of the test was not retaliation as would be the case if such testing were required by a law (ie. DOT). However, if not required by law, employers will need to show appropriate motive for testing.
OSHA New Injury/Illness Reporting Requirements