Update – At the request of the judge presiding over a legal challenge, OSHA has agreed to extend the effective date of the anti-retaliation provisions of the final injury and illness electronic reporting rule to December 1, 2016. The agency previously had agreed to extend the deadline from August 10th to November 1, 2016. The provisions require employers to inform their employees of their right to report work-related injuries and illnesses without fear of retaliation; to implement reasonable procedures for reporting injuries and illnesses that do not discourage workers from making such reports; and prohibit employers from retaliating or discriminating against workers for reporting injuries and illnesses.
The Occupational Safety and Health Administration (OSHA) published a final rule on May 12, 2016 which it says will improve tracking of workplace injuries and illnesses. Portions of the rule go into effect on August 10, 2016; while other portions of the rule will be phased in over time.
Key Provisions of the Rule:
- Electronic Submission – The final rule calls for electronic submission of injury and illness reports; however, what needs to be filed generally is dependent on the number of employees employed at an establishment. Part-time, seasonal and temporary workers at any time during the calendar year are to be included in the number of employees for purposes of the electronic submission requirement.
- 250 or more employees – The employer must submit electronically OSHA Forms 300, 300A and 301 annually.
- 20 or more but less than 250 in certain identified industries – The employer must submit electronically OSHA Form 300A annually. Included in the list of identified industries are nursing care facilities (NAICS 6231), community care facilities for the elderly (NAICS 6233) and other residential care facilities (NAICS 6239).
- Other employers who receive notification from OSHA to electronically submit their OSHA Forms 300, 300A and 301.
- Public Posting of Data – Data from the public submissions will be posted in a publicly accessible website. Information that could be used to identify individual employees will be scrubbed from the website.
- Employee Injury and Illness Reporting Requirements – Employers must develop reasonable procedures for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness. Additionally, employers must inform employees of the procedures it develops and that:
- Employees have a right to report work-related injuries and illnesses.
- Employers are prohibited from discharging or in any way discriminating against employees for reporting work-related injuries and illnesses.
- OSHA will now be able to enforce this provision through citation issued as a result of any OSHA inspection. Previously, retaliation claims would have to be initiated in Federal court.
