1. OSHA’s Latest Recordkeeping Updates
What you need to know

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

3. ELECTRONIC SUBMISSION

4. Electronic Submittal of Data
>250 employees - Everyone that currently keeps the OSHA 300
employees – Certain High Risk Industries (see Appendix A of )

5. Electronic Submittal of Data
Phase-in Period
For all Employers
July 1, 2017 – 300A
For Employers with 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

6. Anti-Retaliation Protection

7. Anti-Retaliation Protections
Discipline
Drug & Alcohol Testing
Incentives

8. 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

9. 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.

10. 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

11. 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

12. OSHA Resources

13. OSHA Resources
OSHA has answers for many frequently asked questions. Find them by visiting the searchable FAQ page at:

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

15. PA/OSHA Consultation

16. 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

17. 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!

18. 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

19. 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

20. Contact us Pennsylvania OSHA Consultation Office
57 South 9th Street Suite 305 Indiana, PA 15701
Phone:
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21. Questions