OSHA Proposes New Electronic Recordkeeping Rule

In June we reported on the July 1st OSHA Form 300A submission deadline. Submission of OSHA Forms 300 and 301 were also scheduled to begin on July 1st, but OSHA issued notice that it would not accept either report pending further rule making.

OSHA announced a new rule proposal on July 30th, which would keep in place the requirement that businesses with 250 or more workers submit Form 300A, but rescinds the requirement that they also electronically submit OSHA Forms 300 and 301. The stated purpose of the change is to protect sensitive worker information from potential disclosure under the Freedom of Information Act (FOIA). However, critics of the proposal argue that the rule already included protections for personally identifiable information, making additional restrictions unnecessary.

The full text of the proposal is available here. The comment period ends on September 28, 2018.

Employers may still be obligated to report information on workers’ injuries and illnesses under applicable state rules. If you have questions about your reporting obligations, contact a member of our Employment Law Group.

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