On Sept. 28, ABC submitted comments to the Occupational Safety and Health Administration on its recent proposal to remove certain provisions of the 2016 Electronic Injury Reporting and Anti-Retaliation final rule, officially titled Improve Tracking of Workplace Injuries and Illnesses. ABC also commented as a member of the Coalition for Workplace Safety. 

Specifically, the proposal would rescind the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. Additionally, OSHA is proposing to require covered employers to submit their Employer Identification Number electronically along with their injury and illness submission.

In its comments, ABC stated that while it appreciates OSHA’s proposal to rescind the mandatory submission for certain employers of OSHA Forms 300 and 301, it remains concerned about the requirement that certain employers submit Form 300A, given the confidential business details included in the form and the high risk of disclosure. 

Further, despite significant opposition from ABC members, OSHA’s proposal fails to make any revisions to the anti-retaliation provisions included in the 2016 final rule. ABC has long argued that the anti-retaliation provisions impose significant burdens on ABC members and threaten workplace safety.

Note: The 2016 final rule is currently in effect, and certain employers were required to electronically submit the information from their completed 2017 Form 300A by July 1, 2018. Additionally, enforcement of the anti-retaliation provisions of the final rule went into effect on Dec. 1, 2016.

In 2016, ABC filed a lawsuit against the final rule, which has been paused awaiting the outcome of the current rulemaking.

More information can be found on Department of Labor’s website and the Injury Tracking Application landing page.

ABC will continue to provide updates on OSHA’s electronic injury reporting rule in Newsline.