On May 17, 2017, the Occupational Safety and Health Administration (“OSHA”) announced on its website that it will delay the July 1 deadline requiring certain employers to electronically submit their OSHA injury and illness logs. As we covered in a recent webinar, this deadline became effective at the beginning of this year. While OSHA did not give any indication of a new deadline, other aspects of the rule remain in effect, including its anti-retaliation provisions.
The record-keeping rule requires employers to electronically submit injury and illness logs—Forms 300A, 300, and/or 301—depending on the size and industry of the employer, specifically: (1) employers with establishments with 250 or more employees, regardless of industry, and (2) employers with establishments with between 20 and 249 employees in certain “high risk” industries. “High risk” is defined broadly under the rule and includes industries such as grocery stores, construction, and rooming and boarding houses. Controversially, OSHA would make some of the collected information public on its website. Not surprisingly, the rule has been challenged in more than one court, including the public disclosure element, and OSHA may await the result of these lawsuits before implementing this part of the rule.
One part of the rule that remains in effect is the anti-retaliation aspect. Under these provisions, employers must inform employees of the right to report workplace injuries and illnesses without employer retaliation, and they must establish a reasonable procedure for employees to report work-related injuries and illnesses. In this regard, OSHA has indicated it is targeting: disciplinary policies, post-accident drug testing policies, and employee incentive programs related to reporting workplace injuries and illnesses. OSHA may issue citations for violations of the rule’s anti-retaliation provisions without an employee-initiated complaint.
Despite the delay in the electronic submission deadline, employers should continue to assess whether the electronic submission requirements apply to their businesses, and should review internal policies, incentive programs, and procedures to ensure they comport with the rule’s anti-retaliation provisions.
