Pillsbury Winthrop Shaw Pittman

OSHA proposal would require e-reporting and public posting of injury and illness data

By Alex D Tomaszczuk and Meghan D Doherty

On 8 November 2013, the Occupational Safety and Health Administration (OSHA) of the US Department of Labor proposed a new rule that, if adopted, will require employers to electronically report injury and illness data on a quarterly basis. This information is currently collected by employers under 29 CFR § 1904. The proposed rule will amend § 1904.41 to add three new electronic reporting requirements. Perhaps most significantly, the proposed rule will require establishments with 250 or more employees to post their injury and illness data quarterly to a website that can be viewed publicly.

Section 1904 currently applies to three categories of employers: employers under OSHA jurisdiction with 11 or more employees, unless the establishment is classified as a partially exempt establishment; employers with 10 or fewer employees, if the employer has been informed in writing by OSHA or the Bureau of Labor Statistics (BLS) that it must keep records under § 1904.41; and employers in partially exempt industries, if they are informed in writing by OSHA or BLS that they must keep records under § 1904.41.

Under § 1904.29, covered employers must complete a Form 301 ‘Injury and Illness Incident Report’ for each injury and illness at a covered establishment. Employers must also record each injury or illness on a Form 300 ‘Log of Work-Related Injuries and Illnesses’. Additionally, employers must annually use the information from Forms 300 and 301 to complete a Form 300A ‘Summary of Work-Related Injuries and Illnesses’ for each covered establishment. At present, OSHA does not usually access this information unless it conducts an inspection of the establishment or the establishment receives a targeted request for the information…

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