On March 29, the Occupational Safety and Health Administration (OSHA) proposed amendments to its injury and recordkeeping regulation, 29 CFR 1904.41.
The proposed rule would require certain high-risk industry businesses to electronically submit additional information from the “Log of Work-Related Injuries and Illnesses” and their “Injury and Illness Incident Report.”
Under the current regulation, certain employers must electronically submit their injury and illness information to OSHA. And, the information submitted from the annual summary reports is used to track trends and respond to any emerging hazards.
Additionally, some aspects of this information is made available to the public.
Why OSHA proposed the change
OSHA aims to further empower workers in high-danger workplaces, and to make certain health and safety information public as a means to keep employers honest.
In a press release, the agency stated:
“As part of OSHA’s mission to protect workers and mitigate workplace hazards, this rule would improve OSHA’s ability to use its enforcement and compliance assistance resources to identify workplaces where workers are at high risk.
The proposed rule would also advance the department’s mission to empower workers by increasing transparency in the workforce.”
What this means for you
So, you may be wondering how this will affect you and your company.
Here’s a quick breakdown.
The proposed rule would:
- Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year.
- Update the classification system used to determine the list of industries covered by the electronic submission requirement.
- Remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually.
- Require establishments to include their company name when making electronic submissions to OSHA.
Establishments with 20 or more employees in certain high-hazard industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA annually
As with any new regulation proposal, OSHA wants feedback. Currently, the administration is requesting public comment on the proposed rule, with a deadline to comment of May 29.
To submit your comments, use Docket No. OSHA-2021-0006 on the Federal eRulemaking Portal. Read the Federal Register notice for details.
Comments must be submitted 60 days after the proposed rule is published in the Federal Register.
And, to learn more about OSHA’s Injury and Illness Recordkeeping and Reporting Requirements, click here.
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