OSHA's New Recordkeeping Rule - Do You Have It Down Right?

On May 12, 2016, OSHA published its new recordkeeping rule, which is entitled “Improved Tracking of Workplace Injuries and Illnesses.”  The new rule includes (1) additional reporting obligations for some employers; (2) procedures for informing employees of their right to report work-related injuries and their access to the company’s accident and illness information; and (3) restrictions on employment practices that could discourage illness and injury reporting.

In the new rule, OSHA requires that:

(1) Employers with 250-plus employees submit the information to OSHA through Forms 300, 300A and 301 electronically on an annual basis; and

(2) Employers with 20 to 249 employees that are in a “high hazard” industry, such as manufacturing and construction, submit the information from OSHA Form 300A electronically on an annual bases.

OSHA will ease employers into this new system.  For the first reporting period, which is July 1, 2017, OSHA will require all employers who are covered by the new rule to electronically submit only 2016 data covered on the OSHA 300A Forms.  For the second reporting period, which is July 1, 2018, covered employers with 250-plus employees must submit the information from OSHA Forms 300 and 301 in addition to the information on 300A Forms.

OSHA’s new reporting rule also introduces provisions for employers to communicate injury and illness data to employees.  This new rule provides employees with access to the company’s recordkeeping logs.  Finally, OSHA’s new reporting rule requires that employers’ recordkeeping procedures be “reasonable” and not “deter or discourage” injury and illness reporting.  These provisions go into effect August 10, 2016.

OSHA’s new reporting rules do make sweeping statements regarding the permissibility of disciplinary programs, drug and alcohol testing and safety incentive programs, which appear to suggest that these programs will be heavily scrutinized and could be found invalid.  For example, disciplinary programs that result in discipline for an employee who fails to immediately report an injury or illness that is work-related and “blanket” drug and alcohol testing policies will specifically be considered to be in violation of the rule because OSHA believes these programs have the potential to discourage an employee from reporting an injury or illness.  Safety incentive programs will also similarly be considered impermissible when an employee would reasonably be deterred from reporting a workplace accident in order to receive a prize, bonus or benefit.  OSHA will allow incentive programs if they are based upon completing training rather than reporting negative things such as injuries or illness.

Employers need to familiarize themselves with the new rules and review any of their disciplinary programs, drug and alcohol testing programs and safety incentive programs to ensure that employees face no detriment in reporting a workplace injury or illness.

If you have any questions about this new rule, please do not hesitate to give us a call.