Yesterday, the federal Occupation Health and Safety Administration (OSHA) published a final rule that requires certain employers to electronically submit to OSHA information collected and recorded by employers concerning workplace injuries and illnesses. The data collected will help OSHA identify, target and remove safety and health hazards, thereby preventing occupational injuries, illnesses, and deaths. The information will also be posted on OSHA’s website to better inform employers, employees and the public about workplace hazards and encourage safety. The final rule also strengthens anti-retaliation protections that apply to the reporting of injuries and illnesses by employees.
Which employers and industries are covered by the electronic reporting requirements?
- Establishments with 250 or more employees that are subject to OSHA’s recordkeeping regulation
- Establishments with 20-249 employees in certain high-risk industries
- Establishments with fewer than 20 employees are not required to submit records electronically to OSHA.
When are electronic submissions due?
Establishments with 250 or more employees must electronically submit to OSHA information from:
- 2016 OSHA Form 300A (Annual Summary Form) by July 1, 2017
- 2017 Forms 300A, 300 (the Log) and 301 (Incident Report) by July 1, 2018
- 2018 Forms 300A, 300 and 301 by March 2, 2019, and by March 2 each year thereafter.
Establishments with 20-249 in high risk industries must electronically submit information from:
- 2016 Form 300A by July 1, 2017, and 2017 Form 300A by July 1, 2018
- 2018 Form 300A by March 2, 2019, and by March 2 each year thereafter.
Establishments in State Plan states:
- Within the next six months, State Plan states must adopt requirements that are substantially identical to the requirements of the final rule.
When will the electronic system be up and running?
OSHA is still developing the data collection system. In establishing a requirement for electronic reporting in a particular software format, OSHA will be mandating the use of a specific form and eliminating the widespread use of equivalent forms by employers.
What do the anti-retaliation provisions require?
The anti-retaliation provisions apply to all employers, regardless of whether they are required to report to OSHA electronically. They require employers to:
- establish a procedure for reporting work-related injuries and illnesses that is reasonable and does not deter or discourage employees from reporting by August 10, 2016
- inform employees of reporting procedures and their right to report work-related injuries and illnesses free from retaliation
- not retaliate against employees for reporting work-related injuries or illnesses.
How should an employer inform employees of anti-retaliation protections?
Employers may meet this requirement by posting OSHA’s most recent “Job Safety and Health – It’s The Law” posting. Compliance Poster Company’s current All-On-One Labor Paw Posters for states that are subject federal OSHA regulations already include the latest version of the “Job Safety and Health – It’s The Law” posting.