OSHA’s Latest Recordkeeping Updates What you need to know

What does it require? Electronic submission of OSHA Injury and Illness Data (29 CFR 1904.41) Anti-retaliation Protections (29 CFR 1904.35 & .36)

ELECTRONIC SUBMISSION

Electronic Submittal of Data >250 employees - Everyone that currently keeps the OSHA 300 20-249 employees – Certain High Risk Industries (see Appendix A of 1904.41) https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.pdf

Electronic Submittal of Data Phase-in Period For all Employers July 1, 2017 – 300A For Employers with 20 -249 employees July 1, 2018 – 300A Only March 2, 2019 every year thereafter – 300A Only For Employers with more than 250 employees July 1, 2018 – 300A, 300, & 301 March 2, 2019 every year thereafter– 300A, 300, & 301

Anti-Retaliation Protection

Anti-Retaliation Protections Discipline Drug & Alcohol Testing Incentives

Anti-Retaliation Protections Retaliation/Discipline Examples Disciplining employees for not promptly reporting injury/illness even if not immediately apparent Disciplining employees for violating a safety rule only after reporting injuries/illnesses Disciplining employees post injury for: Not paying attention Not working carefully

Anti-Retaliation Protections Post-incident drug testing Does Not Prohibit Drug Testing. Does Not Prohibit Drug Testing complying with other federal, state, or Worker’s Comp requirements. Prohibits Post-incident drug testing or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses.

Anti-Retaliation Protections Incentive Programs This rule does not prohibit incentive programs. However, employers must not create incentive programs that deter or discourage an employee from reporting an injury or illness. Proactive vs. Reactive

Anti-Retaliation Protections Proactive Recommending safety improvements Completing Safety/Health Training Participating on a Safety Committee Participating in “Near-Miss investigations Reactive Employees who have not been injured are entering into prize drawing at end of year If no employees in a specific department are injured each quarter employees in that department receive a $50 bonus

OSHA Resources

OSHA Resources OSHA has answers for many frequently asked questions. Find them by visiting the searchable FAQ page at: https://www.osha.gov/recordkeeping/modernization_guidance.html

OSHA Resources OSHA Webpage on Injury Tracking Final Rule OSHA Fact Sheet OSHA On-Site Consultation

PA/OSHA Consultation

OSHA On-site Consultation Program Designed specifically for small-and medium-size businesses 250 employees at a single site or 500 corporate wide Priority assistance given to: employers in high-hazard industries involved in hazardous operations Large business requests honored as well…but limited scope

No Citations, No Penalties Different than OSHA enforcement Citations for violations… are not issued Penalties for violations… are not imposed Employer Obligations Employer must agree to correct any “serious or imminent danger” hazards identified Must refer to OSHA Enforcement if employer refuses to correct hazards…very rare!

Costs and Savings Free of charge Avoided OSHA penalty and litigation costs Reduced workers compensation costs Minimized equipment damage and product losses One consultant identifies an average of 7 serious and other-than-serious hazards, SAVING the employer approximately $87,000 in OSHA fines per visit

OSHA Penalties Type of Violation Maximum Penalty Serious $12,471 per violation Failure to Abate $12,471 per day beyond the abatement date Willful or Repeated $124,709 per violation

Contact us Pennsylvania OSHA Consultation Office 57 South 9th Street Suite 305 Indiana, PA 15701 Phone: 800-382-1241 Fax: 724-357-2385 Web: www.iup.edu/pa-oshaconsultation/ Facebook: https://www.facebook.com/Pennsylvania-OSHA-Consultation-Program-548810235234647/ Twitter: https://twitter.com/search?q=PA%20OSHA%20Consultation&src=savs

Questions