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:
These rules highly resemble a final rule proposed in 2016, which was later rescinded.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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