By: Perry MacLennan
The Occupational Safety and Health Administration (“OSHA”) recently published several amendments to its recordkeeping regulation that will require manufacturers with twenty (20) or more employees to submit workplace injury data electronically to the agency each year.
OSHA plans to publish the data received from each company on its website (redacting employee identification information). The amended regulation also contains new anti-retaliation provisions that require companies to take affirmative steps to prevent retaliation against employees who report workplace injuries. OSHA’s summary of the new regulations can be found online at https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-10443.pdf.
Under the old regulation, companies collected and maintained workplace injury data internally. OSHA did not have access to the data except during an ongoing investigation. Now, OSHA will have unfettered access and can use the data to initiate investigations and issue more citations based on recurring injuries. Further, OSHA is not only collecting the data, but making it publicly available on its website. This information will be fodder for plaintiffs’ lawyers seeking to bring negligence, retaliation, and other claims.
The content of the disclosures depends on the size of the company. Each establishment[1] with 250 or more employees will be required to submit OSHA 300 Logs, 301 Forms, and 300A summaries. Companies in certain industries, including the manufacturing industry, that have 20 or more employees are required to electronically submit OSHA 300A summaries. The 2016 OSHA Form 300A Logs will be due on July 1, 2017.
The new anti-retaliation provisions go into effect much sooner – August 10, 2016 – and apply to all employers, not just those making electronic submissions. These provisions require employers to take the following steps:
Establish a reasonable procedure 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.
Inform each employee of the procedure for reporting work-related injuries and illnesses.
Inform each employee that:
employees have the right to report work-related injuries and illnesses; and
employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illness.
Refrain from discharging or in any manner discriminating against any employee for reporting a work-related injury or illness.
Companies should begin taking steps to comply with these new rules, such as collecting 300A forms, posting the newly revised OSHA poster, and training managers on anti-retaliation practices.
If you have questions about these topics or other employment law matters, please contact a member of the HSB Employment Law practice team.
[1] An “establishment” is defined as a single physical location where work is performed.