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OSHA's Final Rule on Electronic Filing of Injury and Illness Data OSHA's Final Rule on Electronic Filing of Injury and Illness Data

OSHA's Final Rule on Electronic Filing of Injury and Illness Data

In May 2016, the Department of Labor published its controversial final Rule designed to improve tracking of workplace injuries and illnesses. This Rule requires employers to electronically submit information about work-related injuries and illnesses which, in turn, OSHA will post on a public website. The new Rule, effective January 2017, sets forth three main components. First, it requires employers with more than 250 employees who are already subject to OSHA’s recordkeeping regulations to report electronically the information contained on their 300, 300A, and 301 logs. Second, employers with 20-249 employees that are engaged in industries deemed particularly dangerous, such as manufacturing, construction, trucking, and farming, are required to electronically submit information from their 300A form. Third, State Plan states, such as Indiana, Kentucky, and Michigan, which operate their own safety and health programs, will be required to adopt provisions substantially similar to the Department of Labor’s final Rule.
Additionally, the new Rule requires employers to have reasonable procedures for the reporting of work-related injuries, and will be required to inform their employees of their right to report work-related injuries and illnesses and their right to do so without fear of retaliation.
The Rule provides for delayed reporting dates. Beginning in 2017, employers have until July 1 to report and will need to report from their 300A. In 2018, employers with over 250 employees will have until July 1 to report 300 and 301 information. Employers with 20-249 employees will only be required to submit the Form 300A by July 1, 2018. After 2018, all employers will be required to electronically submit its workplace injury information by March 2 of each year.

For more information, contact a member of our OSHA practice.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.

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