OSHA Seeks to Modify Electronic Reporting Rule

The Department of Labor’s Occupational Safety and Health Administration (OSHA) recently issued a Notice of Proposed Rulemaking (NPRM) that would remove provisions of a rule that requires companies to make all of their injury and illness data public to better protect personally identifiable information.

According to OSHA, the proposal maintains safety and health protections for workers, protects privacy and reduces the burdens of complying with the current rule.

The “Improve Tracking of Workplace Injuries and Illnesses” rule, which OSHA introduced in May 2016, has faced several legal challenges. Additionally, organizations such as the National Association of Home Builders have opposed the regulation. OSHA has also delayed enforcement on a couple of occasions.

The proposed rule eliminates the requirement to submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) electronically, and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are currently required to maintain injury and illness records electronically. Establishments would only be required to submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) electronically.

Under the current recordkeeping rule, the deadline for electronic submission of Calendar Year (CY) 2017 information from OSHA Forms 300 and 301 was July 1, 2018. In subsequent years, the deadline is March 2. OSHA is not currently accepting the Form 300 or 301 data and will not enforce the deadlines for these two forms without further notice while this rulemaking is underway. The electronic portal collecting Form 300A data is accepting CY 2017 data, although submissions after July 1, 2018, will be marked late.

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