On July 30, the Occupational Safety and Health Administration issued a notice of proposed rulemaking titled Tracking of Workplace Injuries and Illnesses. According to OSHA, the proposal seeks to better protect personally identifiable information or data that could be re-identified with a particular individual by removing provisions of the 2016 Electronic Injury Reporting and Anti-Retaliation final rule.

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

Unfortunately, the proposal does not make any revisions to the anti-retaliation provisions included in the 2016 final rule. Under that rule, some forms of post-accident drug testing and accident-free incentive programs are deemed to be unlawfully retaliatory, which could force many employers to change their safety programs in ways that will make workplaces less safe by discouraging drug testing and safety incentive programs. Enforcement of the anti-retaliation provisions went into effect on Dec. 1, 2016. Learn more in the Jackson Lewis OSHA Blog. 

OSHA is seeking feedback on the proposed rule, and ABC plans to file comments by the Sept. 28 deadline. If you have any feedback on the proposal, please reach out to Karen Livingston or Kelly Tyroler.  

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

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

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

This article is intended for informational purposes only and does not constitute legal advice or opinion.