Recordkeeping, Regulatory Developments

OSHA Electronic Recordkeeping Rule Places New Requirements on Employers

By Arielle B. Sepulveda

On May 12, 2016, the Occupational Safety and Health Administration (OSHA) published a long-awaited final rule requiring certain employers to electronically submit injury and illness data, providing for such data to be made publicly available, and updating employee notification and antiretaliation provisions.

Previously, OSHA could obtain establishment-specific injury and illness data contained in OSHA 300 logs, 301 incident reports, and 300A annual summaries only in three limited ways: (1) workplace inspections, (2) surveys to employers under the OSHA Data Initiative, and (3) mandatory employer reporting of certain workplace illnesses and injuries, including fatalities.

The final rule greatly expands OSHA’s access to this information by requiring certain employers to regularly and electronically submit data from their routine records.

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