Last May, OSHA issued a final rule amending its Recording and Reporting Occupational Injuries and Illnesses regulation (29 CFR 1904). The final rule requires certain employers to electronically report injury and illness data to OSHA and to inform employees of their right to report work-related injuries and illnesses free from retaliation. The anti-retaliation provisions of the final rule were originally scheduled to go into effect Aug. 10, 2016. However, OSHA has decided to delay enforcement of the anti-retaliation provisions until Nov. 1, 2016 to provide additional outreach to the regulated community.
Covered Employers
The Final rule applies to:
- Establishments with 250 or more employees that are required to keep part 1904 records,
- Establishments with 20 to 249 employees that are in designated high-hazard industries, and
- Establishments notified by OSHA to electronically submit records.
Electronic Reporting
The final rule requires covered employers to electronically report to OSHA injury and illness information collected on Forms 300, 300A and 301. The initial reporting period requires employers to submit information from their 2016 Form 300A by July 1, 2017.
Anti-retaliation Provisions
The final rule requires employers to inform workers of their right to report work-related injuries and illnesses free from retaliation; clarifies that an employer’s procedures for reporting work-related injuries and illnesses must be reasonable and not discourage workers from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting injuries and illnesses.
Employers can meet the informational requirement by posting the 2015 version of the OSHA workplace posting. The 2015 OSHA posting informs workers of the right to report injuries or illness without being retaliated against, and informs employers that it is illegal to retaliate against an employee for reporting an injury or illness. The old posting mentioned that employees had the right to make safety and health complaints without retaliation in general, but did not specifically refer to the reporting of injuries and illnesses.
Employers are not required comply by posting the 2015 OSHA notice. An employer may use other means to inform employees of the anti-retaliation provisions. Currently, OSHA is developing educational materials and enforcement guidance for employers. Read more here.
State-Plan States
States that administer their own occupational safety and health programs (State Plans) must adopt requirements that are substantially identical to the requirements of final rule within 6 months of the May 12, 2016 publication of the final rule. These states may eventually revise their job safety and health postings to include the anti-retaliation terminology allowing employers to comply with state anti-retaliation notice requirements by posting the revised notice.
Compliance Poster Company is currently monitoring state regulations and regularly checking for state posting updates. Sign up for CPC’s blog and be the first to know when a posting change happens!