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Update – OSHA Final Rule on Electronic Reporting
May 17, 2017

New electronic reporting requirements are being phased in over the next 2 years.

Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

Establishments with 20-249 employees in certain high-risk industries must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

There will be three ways in which you will be able to file your injury information.

  1.  Users will be able to manually enter data into a web form
  2.  Users will be able to upload a CSV file to process single or multiple establishments at the same time.
  3. Users of automated record keeping systems will have the ability to transmit data electronically via an API (application programming interface).

In addition to electronic reporting of injury and illness data, the new electronic reporting rule has other provisions that require employers to inform their employees of their anti-retaliation protections with regards to reporting work-related injuries and illnesses.

For more detailed information about the new electronic reporting rule and anti-retaliation provisions, please follow the link below or contact Patrick Kerby, Director of Risk Mitigation Services at pkerby@bks-partners.com

 

Final Rule Issued to Improve Tracking of Workplace Injuries and Illnesses

Provisions call for employers to electronically submit injury and illness data that they already record.

Why is OSHA issuing this rule?

This simple change in OSHA’s rulemaking requirements will improve safety for workers across the country. One important reason stems from our understanding of human behavior and motivation. Behavioral economics tells us that making injury information publicly available will “nudge” employers to focus on safety. And, as we have seen in many examples, more attention to safety will save the lives and limbs of many workers, and will ultimately help the employer’s bottom line as well. Finally, this regulation will improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses.

What does the rule require?

The new rule, which takes effect Jan. 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. The amount of data submitted will vary depending on the size of company and type of industry.

How will electronic submission work?

OSHA will provide a secure website that offers three options for data submission. First, users will be able to manually enter data into a web form. Second, users will be able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated record keeping systems will have the ability to transmit data electronically via an API (application programming interface). OSHA is not accepting electronic submissions at this time. Updates will be posted to the OSHA website at www.osha.gov/recordkeeping when they are available.

Anti-retaliation protections

The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final 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. These provisions become effective August 10, 2016, but OSHA has delayed their enforcement until Dec. 1, 2016.

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Related Links

Examples of Rate-Based Incentive Programs Submitted to OSHA Regulatory Docket