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 . +
30