OSHA Workplace Injuries and Illness Final Rule

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. Ans, as we have seen in many example, 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 January 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, because 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.

Anti-Retaliation Protection

The rule also prohibits employers from discouraging workers from reporting injury and illness. The final rule requires employers to inform employees of their right to report work-related injuries or illness free from retaliation; clarifies the existing implicit requirement that an employer's procedure for reporting work-related injuries and illness 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 and illnesses. These provisions became effective August 10, 2016, but OSHA has delayed their enforcement until November 1, 2016 in order to provide outreach to the regular community. 

Compliance Schedule

The new reporting requirements will be phased in over two years:

• Companies with 250 or more employees in industries covered by the record keeping 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.
• Companies 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 2019 and every year thereafter, the information must be submitted by March 2.

Which Work-related Injuries and Illnesses Should You Record?

Record those work-related injuries and illnesses that result in :

• Death
• Loss of consciousness
• Days away from work
• Restricted work activity or job transfer
• Medical treatment beyond first aid

You must also record any significant work-related injuries and illnesses that is diagnosed by a physician or other licensed health care professional. You must record any work-related case involving cancer, chronic irreversible disease, a fractured or cracked bone or a punctured eardrum. (See 29 CFR 1904 7.)