OSHA Electronic Recordkeeping Requirements Under Scrutiny with Proposed Rule

By Hilary Atkins posted 13 days ago

Late last year I blogged about updates to the Occupational Safety and Health Administration’s (OSHA) reporting by businesses on injury and illness recordkeeping rules (OSHA Injury Tracking, September 21, 2017.)

Yesterday, OSHA published a rule to amend the injury record-keeping rules by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. While this only affects a small subset of our membership, we don’t know yet if OSHA will expand this new rulemaking to businesses with 20 – 249 employees when electronically filing injury and illness reports.

The proposed rule addresses concerns over the collection of sensitive information about individual workers’ job-related illnesses or injuries, information an employer must collect with or without the worker’s consent.

Further, because of the potential for FOIA (Freedom of Information Act) disclosure, OSHA is also seeking comments as to how the information will be collected and kept and to what extent it is to be disseminated and distributed. Comments are due by September 28, 2018, and we will report any subsequent addition or changes to the existing rule, and potential legal implications to your business.