Action Item: Employers must be aware of new Occupational Safety and Health Administration rules that require electronic submission of workplace injury and illness records and strengthen the anti-retaliation protections for employees who report on-the-job injuries or illnesses.

On May 12, 2016, the United States Occupational Safety and Health Administration (“OSHA”) published its anticipated “Improve Tracking of Workplace Injuries and Illnesses” final rule. The new rule requires many employers to electronically submit records of workplace injuries and illnesses to OSHA on an annual basis. Specifically, under the new rule:

• Every employer with more than 250 employees will need to submit electronic versions of its Form 300 (“Log of Work-Related Injuries and Illnesses”), Form 300A (“Summary of Work-Related Injuries and Illnesses”), and Form 301 (“Injury and Illness Incident Report”) documentation; and
• Certain employers with between 20 and 249 employees in designated industries—including construction, agriculture, and manufacturing—will need to submit electronic versions of their Form 300A summary documentation.

These reporting requirements will be phased in over the next three years. OSHA has indicated that it intends to post the electronic data online on a searchable website as part of an effort to improve public disclosure of information regarding dangerous workplaces. The information will be made available in a way that will allow the public to identify specific employers, but not specific employees.

The new rule also strengthens anti-retaliation protections for employees. The new protections, which apply to all employers regardless of size, require employers to establish reasonable procedures for employees to promptly and accurately report work-related injuries and illnesses that do not deter or discourage such reporting. This new requirement is intended to bolster the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses.