OSHA REPORTING
BY: JEFF RUSSELL, JD & DANTE OLMEDA
New OSHA Reporting Requirements
The US Department of Labor’ s Occupation Safety and Health Administration( OSHA) has adopted new recordkeeping rules aimed at better transparency in an effort to promote workplace safety. Beginning in July 2017, many employers will be required to transmit their OSHA Recordable Records, generally the 300A log data, directly to OSHA via the Internet.
OSHA will make the uploaded records publicly available on its website in an effort to encourage employers to increase their efforts to prevent work-related injuries and illnesses. The administration likens the approach to that used by the food service industry, where public disclosure of kitchen sanitary conditions encourages restaurant owners to improve food safety.
The new rule applies to most employers with 20 or more employees; however, the rules are slightly different for those employers with over 250 employees. OSHA categorizes all employers as either“ high risk” or“ low risk.” The high-risk category covers most construction, manufacturing, wholesale, retail, and hospitality industries. Exemptions to this rule should be provided on the OSHA website.
Employers will submit the required information to OSHA through a designated portal on its website, which has yet to be published. Employers will be able to enter information manually or by uploading the data in a CSV file format, such as an Excel spreadsheet. A third option, using an Application Programming Interface, or API, may become available to users of automated recordkeeping systems. OSHA will provide further guidance as this option becomes available and will update users through bulletins on its website.
The new reporting requirements will be phased in over two years as illustrated by the graphic below. The requirements differ according to the size of the company, affecting only those with 20 or more employees. The US states included in the OSHA State Plan must adopt requirements that are substantially identical to these requirements within six months of its final publication.
The new OSHA recordkeeping regulation will help both employers and regulators more accurately hone in on specific areas, jobs, and industries that present greater or more systemic safety concerns and lead to higher injury frequencies. With this new information, greater focus and attention can be given by employers to the more troublesome areas. Ultimately, we would expect OSHA to increase its inspection( and citation) frequencies in these areas as well. The OSHA 300A data will also likely increase the demand for Total Recordable Incident Rate disclosure and become a routine practice in vetting contractors for jobs.
There is still a lot more to know about the recordkeeping rule that is not yet publicly available. Check OSHA’ s website, www. osha. gov / recordkeeping, frequently for updates or contact us directly at( 713) 880-7100 for answers to your specific questions. +
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