OSHA Issues Enforcement Guidance for Electronic Recordkeeping Rule and Promises Aggressive Enforcement

As discussed in a previous blog, covered employers were required to electronically submit 300A data for the calendar year 2020 between January 2, 2021, through March 2, 2021. In a recent standard interpretation dated May 6, 2021, OSHA issued enforcement guidance stating employers who could not do so because of issues associated with the Injury Tracking Application (ITA) shall not be cited. Provided the data was submitted on a timely basis once the ITA became operational. Accordingly, employers are advised that they should keep written documentation if they experience any issues with using the ITA moving forward. 

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Injuries at Voluntary Charitable Events: Recordable under OSHA?

It is that time of year again where many businesses provide their employees with the opportunity to participate in various charitable events in the spirit of giving. Doing so may raise a number of employment-related issues including whether such time is compensable or whether an injury during such an event is covered by Workers’ Compensation. The answer to these questions may turn on facts such as whether employees are required to participate, does it occur during normal business hours, or whether employees are incentivized or otherwise encouraged to attend.

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OSHA’S Electronic Recordkeeping Web Portal to be Available on August 1, 2017

As part of OSHA’s new electronic recordkeeping rule previously discussed in prior blogs, certain employers will be required to electronically submit required injury and illness data from their 2016 Form 300A. OSHA believes that from a human behavior and motivation perspective, making such information publically available will “nudge” employers to focus on safety and by improving the accuracy of the data employee retaliation concerns may be diminished.

OSHA has stated that the web portal is now scheduled to go live on August 1, 2017 and will be accessible here: https://www.osha.gov/injuryreporting/index.html

The webpage also includes information on reporting requirements, a list of frequently asked questions and a link to request assistance with a fillable form. (more…)

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OSHA Proposes Delay of the Electronic Recordkeeping Rule

As expected, OSHA proposed today to extend the compliance deadline from July 1, 2017 to December 1, 2017 for submission of electronic records under its new recordkeeping rule. This is not surprising as OSHA has yet to make the portal available to the public.

Public comments on the proposed extension may be submitted electronically at www.regulations.gov by July 13, 2017 which, of course, is past the current compliance deadline.

As a reminder, OSHA has stated that it will provide a secure website that offers three options for data submission. First, users will be able to manually enter data into a web form. Second, users will be able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface).

We will keep an eye on further developments but it’s probably a safe bet that regardless of the public comments received, the compliance date will be pushed back.

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Electronic Submission of Records Delayed

Not surprisingly and as anticipated in our last blog, OSHA’s website was recently revised to note that OSHA is not currently accepting electronic submission of injury and illness logs and that it will extend the July 1, 2017 deadline by which certain employers are required to electronically submit such records.

We will continue to provide updates on the new recordkeeping rule as they emerge.

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OSHA’s Mandatory Reporting Rule

man filling out incident injury report form on laptopIn a prior blog we discussed OSHA’s new electronic recordkeeping rule which requires, among other things, certain employers to submit injury and illness data.

As a reminder, employers are also affirmatively required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. A fatality must be reported within 8 hours while an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours. (more…)

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