Compliance Bulletin - OSHA Final Rule on Electronic Reporting
- 1. OSHA Final Rule on Electronic Reporting OVERVIEW On May 12, 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule requiring certain employers to electronically submit data from their work-related injury records to OSHA. The final rule also solidifies employee anti- retaliation protections for reporting work-related injuries and illnesses. The final rule becomes effective on Jan. 1, 2017, but compliance with anti-retaliation provisions and reporting deadlines will be phased in through 2019. ACTION STEPS Affected employers should consider the following action steps as a result of the final rule: Become familiar with the requirements in the final rule; Review their recordkeeping and anti-retaliation policies and procedures to ensure they are in compliance with OSHA requirements; and Consider transitioning their OSHA recordkeeping practices to an electronic format once details on how and where to submit electronic information to OSHA have been released. HIGHLIGHTS The final rule does not create additional recording requirements. Employers with 250 or more employees must submit data from their OSHA 300, 300A and 301 forms. Employers with between 20 and 249 employees must submit data from their OSHA 300A forms if they are part of an identified high-risk industry. IMPORTANT DATES July 1, 2017 Affected employers must submit data from OSHA Form 300A. July 1, 2018 Some employers must submit data from OSHA Forms 300A, 300 and 301. March 2 (2019 and beyond) Affected employers must submit required data. Provided By: SterlingRisk
- 2. 2This Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 息 2016 Zywave, Inc. All rights reserved. JPA 05/16 Affected Employers OSHAs final rule on mandatory electronic reporting of occupational injuries and illness data updates OSHA recordkeeping obligations for employers that: Have at least 250 employees; or Have between 20 and 249 employees and are in a high-risk industry (as shown in the table below). OSHA will collect information on injuries and illnesses to identify emerging hazards, characterize specific areas of concern or target inspection and outreach initiatives under OSHAs emphasis program. NAICS Industry NAICS Industry 11 Agriculture, forestry, fishing and hunting 4884 Support activities for road transportation 22 Utilities 4889 Other support activities for transportation 23 Construction 4911 Postal service 31-33 Manufacturing 4921 Couriers and express delivery services 42 Wholesale trade 4922 Local messengers and local delivery 4413 Automotive parts, accessories, and tire stores 4931 Warehousing and storage 4421 Furniture stores 5152 Cable and other subscription programming 4422 Home furnishings stores 5311 Lessors of real estate 4441 Building material and supplies dealers 5321 Automotive equipment rental and leasing 4442 Lawn and garden equipment and supplies stores 5322 Consumer goods rental 4451 Grocery stores 5323 General rental centers 4452 Specialty food stores 5617 Services to buildings and dwellings 4521 Department stores 5621 Waste collection 4529 Other general merchandise stores 5622 Waste treatment and disposal 4533 Used merchandise stores 5629 Remediation and other waste management services 4542 Vending machine operators 6219 Other ambulatory health care services 4543 Direct selling establishments 6221 General medical and surgical hospitals 4811 Scheduled air transportation 6222 Psychiatric and substance abuse hospitals 4841 General freight trucking 6223 Specialty (except psychiatric and substance abuse) hospitals 4842 Specialized freight trucking 6231 Nursing care facilities 4851 Urban transit systems 6232 Residential mental retardation, mental health and substance abuse facilities 4852 Interurban and rural bus transportation 6233 Community care facilities for the elderly 4853 Taxi and limousine service 6239 Other residential care facilities 4854 School and employee bus transportation 6242 Community food and housing, and emergency and other relief services 4855 Charter bus industry 6243 Vocational rehabilitation services 4859 Other transit and ground passenger transportation 7111 Performing arts companies 4871 Scenic and sightseeing transportation, land 7112 Spectator sports 4881 Support activities for air transportation 7121 Museums, historical sites, and similar institutions 4882 Support activities for rail transportation 7131 Amusement parks and arcades 4883 Support activities for water transportation 7132 Gambling industries 7211 Traveler accommodation 7223 Special food services 7212 RV (recreational vehicle) parks and recreational camps 8113 Commercial and industrial machinery and equipment (except automotive and electronic repair and maintenance) 7213 Rooming and boarding houses 8123 Dry-cleaning and laundry services
- 3. 3This Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 息 2016 Zywave, Inc. All rights reserved. JPA 05/16 Submitting Electronic Data The final rule requires certain employers to electronically submit the injury and illness information they are already required to keep under existing OSHA regulations. The data an employer must submit and the timeline for submitting this information to OSHA depends on the employers size. Employers in high-risk industries with between 20 and 249 employees will be required to submit some information from their OSHA Form 300A. Employers with 250 or more employees will be required to submit information from their OSHA Forms 300A, 300 and 301. However, employers with 250 or more employees have an additional year to file data from their 300 and 301 forms. During 2017 and 2018, the final rule requires employers to submit required information by July 1. For 2019 and beyond, employers will be required to submit required information by March 2. Employee Privacy The final rule allows OSHA to publicize the electronic data it collects from employers on a public website. The public may use this information to learn about the safety and health hazards associated with working for certain employers. For this reason, the final rule also stipulates that certain personal identifying information must be omitted from electronic submissions mentioned above. Specifically employers should not submit: Information from Column B (Employee name) on OSHA Form 300 Information from Field 1 (Employee name), Field 2 (Employee address), Field 6 (Name of physician or other health care professional) or Field 7 (If treatment was given away from the worksite, where was it given?) on OSHA Form 301. Anti-discrimination Provisions The final rule contains three new provisions aimed at strengthening employee anti-retaliation protections, which become effective on Aug. 10, 2016. These provisions: Require employers to inform employees of their right to report work-related injuries and illnesses free from retaliation; Clarify that work-related injury and illness reporting methods must be reasonable and should not deter or discourage employees from reporting health and safety incidents; and Prohibit employers from retaliating against employees for reporting work-related injuries or illnesses. More Information Contact SterlingRisk or see the OSHA web page on the tracking of workplace injuries and illnesses for more information. Submission Deadline Number of Employees 250 or more Between 20 and 249 July 1, 2017 Form 300A Form 300A July 1, 2018 Forms 300A, 300, 301 Form 300A March 2 (2019 and beyond) Forms 300A, 300, 301 Form 300A