OSHA Injury and Illness Recordkeeping & Reporting Update

Introduction OSHA’s regulation at 29 CFR part 1904 requires employers with more than 10 employees in most industries to keep records of occupational injuries and illnesses at their establishments Employers must record each recordable employee injury and illness on an OSHA Form 300, “Log of Work-Related Injuries and Illnesses,” or equivalent. Employers must prepare a supplementary OSHA Form 301, “Injury and Illness Incident Report,” or equivalent that provides additional details about each case recorded on the OSHA Form 300.

Introduction Lastly, at the end of the year, employers are required to prepare a summary report of all injuries and illnesses on the OSHA Form 300A, which is the “Summary of Work-Related Injuries and Illnesses,” and post the form in a visible location in the workplace.

Update to Requirement The revised final rule (which became effective on Jan. 1, 2017): Requires employers in certain industries to electronically submit to OSHA injury and illness data employers already keep under existing OSHA regulations. The frequency and content of these submissions is set out in the final rule and is dependent on the size and industry of the employer.

Update to Requirement Amends OSHA's recordkeeping regulation to update requirements on how employers inform employees to report work-related injuries and illnesses to their employer. Requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation

Update to Requirement 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 Incorporates the existing statutory prohibition on retaliating against employees for reporting work- related injuries or illnesses.

Update to Requirement OSHA intends to post the injury and illness data it collects under this final rule on its public website at www.osha.gov. The publication of specific data fields will be in part restricted by applicable federal law, including the Freedom of Information Act (FOIA), as well as specific provisions within part 1904. OSHA does not intend to post any information on the website that could be used to identify individual employees.

Update to Requirement The electronic submission requirements do not add to or change an employer's obligation to complete and retain injury and illness records under OSHA's regulation. The final rule also does not add to or change the recording criteria or definitions for these records.

Update to Requirement The electronic submission requirements do not add to or change an employer's obligation to complete and retain injury and illness records under OSHA's regulation. The final rule also does not add to or change the recording criteria or definitions for these records.

Compliance Dates Establishments with 20-249 employees: July 1, 2017 – Employers required to electronically submit OSHA 300A logs July 1, 2018 – Employers required to electronically submit OSHA 300A logs March 2, 2019 – Employers required to electronically submit OSHA 300A logs (on annually basis thereafter) Establishments with 250 or more employees: July 1, 2018 – Employers required to electronically submit OSHA 300, 300A, and 301 logs March 2, 2019 – Employers required to electronically submit OSHA 300, 300A, and 301 logs (on annually basis thereafter)

How Will Electronic Submission Work? OSHA will provide a secure website that offers three options for data submission: Users will be able to manually enter data into a webform. Users will be able to upload a CSV file to process single or multiple establishments at the same time. Users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). The site is scheduled to go live February 2017.

Online Resources https://www.federalregister.gov/documents/2 016/05/12/2016-10443/improve-tracking-of- workplace-injuries-and-illnesses https://www.osha.gov/Publications/OSHA386 2.pdf https://www.osha.gov/recordkeeping/finalrule /finalrule_faq.html