OSHA's Proposed Rule Changes Recordkeeping Requirements | Practical Law

OSHA's Proposed Rule Changes Recordkeeping Requirements | Practical Law

The Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) has issued a proposed rule modifying recordkeeping requirements to improve tracking of workplace injuries and illnesses. Among other things, the rule would require certain employers to submit data about workplace injuries and illnesses to OSHA for publication on a publicly available electronic database.

OSHA's Proposed Rule Changes Recordkeeping Requirements

Practical Law Legal Update 2-548-7387 (Approx. 3 pages)

OSHA's Proposed Rule Changes Recordkeeping Requirements

by Practical Law Labor & Employment
Published on 12 Nov 2013 • USA (National/Federal)
The Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) has issued a proposed rule modifying recordkeeping requirements to improve tracking of workplace injuries and illnesses. Among other things, the rule would require certain employers to submit data about workplace injuries and illnesses to OSHA for publication on a publicly available electronic database.
On November 7, 2013, OSHA announced a proposed rule requiring large companies to file workplace injury and illness information on a publicly available electronic database. The proposed rule would replace OSHA's Data Initiative (ODI), which collects information from facilities with 20 or more employees in manufacturing and non-manufacturing industries with high injury rates. This proposed rule is part of the agency's greater effort to improve workplace safety following the Bureau of Labor Statistics' annual Occupational Injuries and Illnesses report, which estimates that three million workers were injured on the job in 2012.
If adopted, the regulation would require:
  • Facilities with 250 employees or more (that are already required to maintain OSHA records) to submit electronically the records and causes of major injuries at a worksite on a quarterly basis.
  • Facilities with 20 or more employees in certain industries with high injury and illness rates to submit electronically their summary of work-related injuries and illnesses annually.
  • All employers that receive notification from OSHA to submit electronically requested information from their injury and illness records.
The public has through February 6, 2014 to submit written comments on the proposed rule, and OSHA will hold a public meeting on the proposed rule on January 9, 2014 in Washington, D.C.
Concerns about the proposed rule include the dangers of "regulation by public shame," anti-competitive mischief and potential misuse of the information by unions and third parties seeking to target certain employers. Additionally, company records made public under the rule may mislead government organizations and the public because the requested data does not explain the circumstances of a worksite injury, including whether the employer is at fault.
UPDATE: On February 12, 2014, OSHA announced that it is extending the comment period on the proposed rule. Comments must be submitted by March 10, 2014.