OSHA has issued a final rule that revises its requirements for Recording and Reporting Occupational Injuries and Illnesses. This change in OSHA’s rulemaking requirements will ultimately improve safety for workers across the country.
The final rule, which was announced on May 11, will now require about 750,000 employers to submit detailed annual reports of workplace injuries and illnesses for publication online. The frequency and content of these submissions will be dependent upon the size and industry of the employer.
- Employers with 250 or more employees that are subject to OSHA's recordkeeping regulation 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 Illnesses (OSHA Form 300A), and the Injury and Illness Incident Report (OSHA Form 301).
- Employers with 20-249 employees in certain high-risk industries must electronically submit to OSHA some of the information from the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A).
- Employers with fewer than 20 employees at all times during the year do not have to routinely submit information electronically to OSHA.
The final rule takes effect Jan. 1, 2017, and reporting requirements will be phased in over two years, as follows:
- Employers with 250 or more employees must begin submitting information from Form 300A by July 1, 2017, and must submit information from all forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.
- Employers with 20-249 employees in certain high-risk industries must begin submitting information from Form 300A by July 1, 2017, and again by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.
The final rule also amends the recordkeeping regulation on how employers inform their employees of the process for reporting work-related injuries and illnesses. Employers are prohibited from deterring or discouraging workers from reporting injuries or illnesses, and are required to inform employees of their right to report work-related injuries and illnesses free from retaliation.
Additionally, ALL EMPLOYERS must inform employees of their procedure for reporting work-related injuries and illnesses by AUGUST 10, 2016.
One way for employers to meet this requirement is by posting the OSHA "It's The Law" worker rights poster from April 2015 or later (http://www.osha.gov/Publications/poster.html).
NOTE: The electronic submission requirements do not change an employer’s obligation to complete and retain injury and illness records.
For further information regarding OSHA’s final rule please visit:
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This article is designed to provide general information and is not a substitute for legal advice.