OSHA Proposes Amendments to Significantly Increase Employer Electronic Workplace Injury Submissions

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Featured OSHA Proposes Amendments to Significantly Increase Employer Electronic Workplace Injury Submissions

The Occupational Safety and Health Administration (OSHA) has again proposed amendments to occupational injury and illness recordkeeping rule 29 CFR 1904.41. Under this rule, employers are currently required to electronically submit certain information regarding injuries and illnesses in the workplace to OSHA. 

These proposed amendments would significantly expand employers’ obligations. Learn More

Under the proposed amendments, employers in specified high-hazard industries would be required to electronically submit information from their Log of Work-Related Injuries and Their Injury and Illness Incident Report. This is in addition to the Annual Summary of Work-Related Injuries, which they already must submit. According to the agency, this additional data will assist it in identifying workplaces where workers are at high risk and increase transparency.

These proposed amendments would:

  • Require establishments with 100 or more employees in designated industries to electronically submit OSHA Forms 300, 301, and 300A annually.
  • Update the existing classification system used to determine industries that must perform electronic submissions.
  • Add a requirement for establishments to include their company name with electronic submissions.
  • Eliminate the existing requirement for employers of 250 or more not in a designated industry to electronically submit Form 300A information on an annual basis.
  • These amendments would not impact the existing requirement that establishes employing 20 or more electronically submit information from OSHA Form 300A annually.

These rules highly resemble a final rule proposed in 2016, which was later rescinded. This current rule, like the previous, has raised concerns among many that the public disclosure of the information on a company’s OSHA 300 and 301 forms could lead to attacks on employers by activists and competitors as well as privacy concerns for employees. OSHA has previously accepted these privacy concerns as the reason why in its 2019 final rule, it limits electronic submissions to Form 300A. In response to these concerns, OSHA has stated that it will make use of artificial intelligence programs to remove individual employee names while leaving health information in place.

Comments on these proposed amendments may be submitted through the Federal eRulemaking Portal by May 31st, 2022. Because these amendments will only affect regulations rather than a standard, there will be no informal public hearing concerning the amendments. More information about the proposed amendments and information about submitting comments can be found in the Federal Register. The agency will review the public’s comments and concerns on the amendment it receives by the above date before choosing how to proceed.

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