Deadline for OSHA’s New Electronic Reporting Requirement is Around the Corner
In May 2016, OSHA published the new injury and illness reporting rule, known as “Improved Tracking of Workplace Injuries and Illnesses”. This rule does not change the core requirements of the existing recordkeeping rule. Under the new rule, which takes effect January 1, 2017, many employers will be required to electronically submit injury and illness data to OSHA annually. The data required are dependent on the size (number of employees) of each establishment covered.
Timeline for Implementation
The new reporting requirements will be phased in over the next two years as follows:
| Category of Employer | July 1, 2017 | July 1, 2018 | March 2, 2019 (and annually thereafter) |
|---|---|---|---|
| Non-Exempt Employers with 250+ Employees | 2016 OSHA Form 300A Summary due | 2017 OSHA Forms 300, 300A, and 301 due | Prior year’s OSHA Forms 300, 300A, and 301 due |
| Employers in “High Risk” Industries with 20-249 Employees | 2016 OSHA Form 300A Summary due | 2017 OSHA Form 300A Logs due | Prior year’s OSHA Form 300A Logs due |
Employers would be required to submit all information from their logs, except information in the columns with employee names, employee addresses, healthcare professional names, and healthcare treatment facilities.
Those employers with establishments that are not required to submit records annually may still be required to submit information upon OSHA’s direction. OSHA intends to provide notification of these data collections through direct mailings, publication in the Federal Register, and publication on its website and other notices.
OSHA will post this data on a publicly available website, which will be accessible to competitors, contractors, employees, and employee representatives. The specifics of its new data disclosure portal are not explained in the regulations. Access to injury data will help OSHA better target compliance assistance and enforcement resources, and enable ‘big data’ researchers to apply their skills to making workplaces safer.
Anti-Retaliation Protections
The rule also prohibits employers from discouraging workers from reporting an injury or illness. The rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation, which can be satisfied by posting the already-required OSHA workplace poster. It also clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses.