OSHA Issues Final Rule Increasing Employer Reporting Requirements

Who does the rule effect? Requirements for reporting are based on a two year phase-in schedule, depending on employer size and industry, as follows:

Note that part-time, seasonal and temporary workers employed at any time during the calendar year also count as employees for the purposes of establishing an employer’s responsibility to report.

OSHA will provide a secure website for employers to create an organization and report their information.  After the compliance dates come into effect, OSHA will no longer accept paper forms from organizations required to report electronically.

The Rule also seeks to increase anti-retaliation protections by requiring employers to inform employees of their right to report work-related injuries and illness without fear of adverse employment actions.  Effective August 10, 2016, the Rule clarifies that the existing requirement that an employer’s procedure for reporting work-related injury or illness must be (1) reasonably laid out in a manner that does not discourage/deter employees from reporting; and (2) incorporates existing statutory whistleblower protections.

OSHA will have the ability to post an organization’s injury and illness data on its website, with any personally identified information redacted from the data.  This publication is intended to help employers and public health researchers identify hazards, fix problems, and prevent injuries and illnesses.

Action Items:

1. Read the full text of the Final Rule here.
2. Continue to keep records of injury and illnesses in the workplace; prepare to submit 2016’s 300A forms via OSHA’s secure website in 2017.
3. Contact ManagEase at (888) 230-3231 for questions about OSHA forms or reporting requirements, or for assistance in updating policies to include an anti-retaliation provision.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

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