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REGULATORY ADVISORY: OSHA Issues Final Rule Revising Workplace Injury and Illness Recordkeeping and Reporting Requirements

On May11, 2016, the federal Occupational Safety & Health Administration (OSHA) released a final rule amending its recordkeeping regulation (29 CFR 1904), to require employers to submit their injury and illness records to OSHA electronically, to ensure that employers have reasonable procedures for reporting workplace injuries that do not discourage employees from reporting, and to protect employees who report injuries and illnesses from retaliation.
To read the final rule in its entirety, go to:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-10443.pdf

To view OSHA’s Fact Sheet summarizing the new final rule, go to:
https://www.osha.gov/Publications/OSHA3862.pdf

To view the news release issued by the U.S. Department of Labor announcing this OSHA action, go to:
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=31860

The new final rule requires every establishment (typically a single physical location where work is performed) with 250 or more employees to annually submit injury and illness data now recorded and retained on onsite OSHA Injury and Illness forms (i.e., OSHA 300 Log, OSHA 301 Incident Report, and OSHA 300A Summary) electronically into an OSHA-maintained database for posting on OSHA’s website. Establishments of 20 – 249 employees in certain high-risk industries must annually submit their OSHA 300A summaries electronically. To view the list of such industries (note wholesale trade – NAICS 42 – is included) go to:
https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.pdf

Nothing in the new final rule alters the current requirement that an employer complete and retain injury and illness records.