The United States Occupational Safety and Health Administration (OSHA) was established to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” To achieve this goal, OSHA will conduct inspections of workplaces, report injury rates, and in some cases, propagate new rules to help accomplish its goal of workplace safety. A new rule was announced on May 11, 2016, and took effect on August 10, 2016, which creates new reporting requirements for employers.
According to the new requirement, beginning January 1, 2017, electronic reports of injury and illnesses will be reported online. Historically, this information has been only reported to OSHA and kept confidential by OSHA. Now, however, this information will be redacted to keep identifying information confidential, and then posted online. Firms that are covered by OSHA’s record-keeping regulations, and are therefore required to file these reports, are those that have more than 250 employees. In addition, these regulations will also cover other businesses in certain high-risk industries if the employer has more than 20 employees. The data must now be reported annually, which is a change from the previous rule, which required quarterly reporting. Moreover, the rules include additional penalties for employers who take retaliatory action against injured employees.
Some authorities are critical of this new rule. These critics are concerned that the posting of the illness and injuries sustained by workers will lead to underreporting by employers. They are concerned that the fear of shame or adverse action will lead employers to not want to accurately report. In response, an OSHA spokesperson has stated the purpose of the rule is to help “nudge” employers into safer working environments. The hope is that if employers are really so hesitant to publicly report work-related injuries or illnesses in a public manner, they will work harder to make sure their employees have the safest possible work conditions. Labor Unions have come out in support of the regulation for this exact purpose. They favor transparency and making sure that employers can be held accountable for their work conditions.
If you have questions about these new regulations, contact me today at (714) 516-8188. We can review your business and make sure that you are in compliance with the reporting requirements.