OSHA Nears Completion of Final Rule on Injury and Illness Recordkeeping Requirements RELATIONS government

BY LOWELL RANDEL, IIAR GOVERNMENT RELATIONS DIRECTOR

On April 7, 2023, the Occupational Safety and Health Administration (OSHA) submitted its latest injury and illness recordkeeping proposal to the Office of Information and Regulatory Affairs (OIRA). Submission to OIRA usually marks the last step in the rulemaking process before a Final Rule is published. Injury and illness recordkeeping has been the subject of regulatory attention by the last three administrations. The Obama administration issued new reporting requirements and the Trump Administration moved to roll some of them back. Now, the Biden administration is seeking to restrengthen electronic reporting requirements.

Current Policy

OSHA’s current regulations require employers with more than 10 employees in most industries to keep records of occupational injuries and illnesses at their establishments. Employers covered by the regulation must record each recordable employee injury and illness on an OSHA Form 300, which is the “Log of Work-Related Injuries and Illnesses.” Employers must also prepare a supplementary OSHA Form 301 “Injury and Illness Incident Report” that provides additional details about each case recorded on the OSHA Form 300. At the end of each year, employers are required to prepare a summary report of all injuries and illnesses on the OSHA Form 300A, which is the “Summary of Work-Related Injuries and Illnesses,” and post the form in a visible location in the workplace. The current recordkeeping regulation also requires certain employers to electronically submit injury and illness data to OSHA. Section 1904.41(a)(1) requires establishments with 250 or more employees in industries that are required to routinely keep OSHA injury and illness records to electronically submit information from the Form 300A summary to OSHA once a year. Establishments with 20-249 employees in certain designated industries to electronically submit information from their Form 300A summary to OSHA once a year.

Proposed Changes

Under the latest OSHA proposed rule, establishments with 20 or more employees in certain designated industries (Appendix A of the rule) would continue to electronically submit information from their Form 300A annual summary to OSHA once a year. Designated industries of interest to IIAR members in Appendix A include: Construction, Manufacturing, Grocery Stores, and Warehousing and Storage. However, the proposed rule would eliminate the requirement for all establishments with 250 or more employees in industries that are required to routinely keep OSHA injury and illness records to electronically submit information from the Form 300A to OSHA. Instead, establishments with 100 or more employees in certain designated industries (Appendix B of the rule) would be required to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year. Designated industries impacting IIAR members in Appendix B include: fruit and vegetable preserving and specialty food manufacturing, dairy product manufacturing, animal slaughtering and processing, seafood product preparation and packaging, bakeries and tortilla manufacturing, other food manufacturing, beverage manufacturing, grocery and related product merchant wholesalers, beer, wine, and distilled alcoholic beverage merchant wholesalers, grocery stores, and warehousing and storage. In addition, OSHA is proposing to require establishments to include their company name when making electronic submissions to OSHA.