• OSHA Issues Revised Workplace Injury and Illness Reporting Rule
  • July 26, 2016
  • Law Firm: - Office
  • The Occupational Safety and Health Administration has released a final rule revising the workplace injury and illness reporting requirements for employers. The rule is intended to improve workplace safety by making establishment-specific injury and illness information available to the public, and by providing additional protections to workers for reporting work-related illnesses and injuries.

    Electronic Submission. Beginning in 2017, employers with 250 or more employees will be required to submit electronically information from Forms 300 (Log of Work-Related Injuries and Illnesses), 300A (Summary of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). In addition, employers with 20-249 employees in specifically-identified industries with historically high rates of workplace injuries and illnesses will be required to submit electronically information from Form 300A.

    OSHA will post the establishment-specific data that it receives on its public website, although it states that it will remove any Personally Identifiable Information before doing so.

    No Retaliation. The rule prohibits employers from retaliating against employees for reporting work-related injuries and illnesses. Although the rule had previously contained this prohibition, it now gives OSHA the ability to enforce this provision even where the employee did not file a formal complaint with OSHA, or the employer has deterred the employee from reporting through a threat of retaliation. The rule also specifies that the reporting procedure established by the employer must be reasonable and not discourage employees from reporting.

    Updated Poster. In addition, employer must inform employees of their right to make such reports by posting the OSHA “Job Safety and Health - It’s the Law” poster from April 2015 or later. When the April 2015 poster was originally released, OSHA had stated that employers need not replace older versions of the poster on current display; now it is requiring employers to use the new version of the poster.