OSHA Issues New Recordkeeping and Reporting Requirements and Anti-Retaliation Provisions in Revised Regulation | Practical Law

OSHA Issues New Recordkeeping and Reporting Requirements and Anti-Retaliation Provisions in Revised Regulation | Practical Law

OSHA is issuing a final rule revising its Recording and Reporting Occupational Injuries and Illnesses regulation (29 C.F.R. § 1904).

OSHA Issues New Recordkeeping and Reporting Requirements and Anti-Retaliation Provisions in Revised Regulation

by Practical Law Labor & Employment
Published on 25 Jan 2019 • USA (National/Federal)
OSHA is issuing a final rule revising its Recording and Reporting Occupational Injuries and Illnesses regulation (29 C.F.R. § 1904).
On May 12, 2016, in the Federal Register, OSHA announced it is issuing a final rule to revise its Recording and Reporting Occupational Injuries and Illnesses regulation (29 C.F.R. § 1904).
The final rule:
  • Requires employers with 250 or more employees, in certain industries, to electronically submit OSHA 300 Logs, 301 Forms, and 300A summaries by uploading them into an OSHA database. OSHA intends to post these submissions on its publicly accessible website, although names of employees and other identifying information will be redacted.
  • Includes anti-retaliation provisions in the revised regulation. These provisions require employers to:
    • inform employees of their right to report work-related injuries and illnesses free from retaliation; and
    • clarify the existing requirement that an employer's procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting.
  • Amends OSHA's existing recordkeeping regulation to clarify the rights of employees and their representatives to access the injury and illness records.
This final rule becomes effective on January 1, 2017 (except Sections 1904.35 and 1904.36 which become effective on August 10, 2016).

UPDATE:

On January 25, 2019, OSHA published a final rule to eliminate the requirement for employers with 250 or more employees to electronically submit information from Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). Under the final rule, these employers, as well as employers in certain designated industries with 20 or more employees but fewer than 250 employees, must still electronically submit information from Form 300A (Summary of Work-Related Injuries and Illnesses) on an annual basis. (29 C.F.R. § 1904.14.) For more information, see Legal Update, OSHA Final Rule Eliminates Electronic Submission Requirement for Forms 300 and 301; Electronic Submission Still Required for Form 300A.