All you need to know about OSHA regulation changes in effect from 2017

In a press release dated May 11 2016, OSHA issued the rule to modernize injury data collection to better inform workers, employers, the public and OSHA about workplace hazards that will come in effect starting Jan 1^st, 2017. Currently, employers cannot compare their injury experience with other businesses in their industry; they can only compare their experience with their industry as a whole. The new change orders the sending of workplace injuries and illnesses information electronically to OSHA for establishments that are currently required to do so. They have also included establishments with 20 – 249 employees in non-exempt industries such as Facilities support services, ambulatory health services, etc. (See resources below to find out if it impacts you.)

What does the rule encompass?

OSHA requires employers to keep a record of injuries and illnesses to help these employers and their employees identify hazards, fix problems and prevent additional injuries and illnesses. Starting in 2017, it must be electronically submitted to OSHA using their Forms 300, 300A, and 301 based on the specific category an establishment belongs to.

Why the rule?

OSHA has several objectives it seeks to accomplish through this ruling. These objectives are:

• Promote employee's right to report injuries and illnesses without fear of retaliation
• Ensure that the injury data on OSHA logs are accurate and complete
• Enable prospective employees to identify workplaces where their risk of injury is lowest
• Put behavioral science to work by nudging employers to reduce work-related injuries and illnesses by prioritizing health and safety programs at workplaces
• Enable employers to benchmark their safety and health performance against industry leaders to improve their own safety programs.

What will OSHA do with the data collected?

• OSHA will post the injury and illness data on the agency's website
• It will create the largest publicly available data set on work injuries and illnesses
• Enable researchers to better study injury causation, identify new workplace safety hazards before they become widespread and evaluate the effectiveness of injury and illness prevention activities.

Which industries will be impacted?

• Establishments with 250 or more employees
• Establishments with 20 – 249 employees in specific industries
• Employers with 10 or fewer employees are exempted

What it means to HR?

• HR has to ensure employees are aware of their right to report work related injuries and illnesses free of retaliation. OSHA has prescribed posting informative poster to this end.
• HR needs to have a procedure for reporting that is reasonable and one that does not deter them from reporting
• Track health and safety data as required by OSHA to be able to send data electronically each year
• Analyze the trend of incidents and intervene when required to suggest safer ways of performing work and take proactive measures to prevent injuries at work

HR needs to be informed about the requirements of the new ruling and how it will impact them so they remain complaint.

OSHA has provided users with three options:

1. To manually enter data into a webform
2. To upload a CSV file to process single or multiple establishments at the same time.
3. Use automated recordkeeping systems to transmit data electronically via an API (application programming interface).

Forms relevant to you:

• 20 – 249 employees: Form 300A
• Greater than 250 employees list : Form 300, 300A and 301

Submission deadlines to keep in mind:

Beginning in 2019, the submission deadline will be changed from July 1st to March 2nd

More Resources:

• OSHA’s original press release
• OSHA Injury and Illness Recordkeeping and Reporting Requirements
• Updates to OSHA’s Recordkeeping Rule: Who is Required to Keep Records and Who is Exempt
• Final Rule Issued to Improve Tracking of Workplace Injuries and Illnesses