Tag: recordkeeping

Urge Congress to Support H.J.Res. 83

Posted on by Andria Hine
Source: AGC of America

Help Us to Repeal OSHA Effort to Extend Statute of Limitations for Recordkeeping Violations

Urge Your Members of Congress to Support H.J.Res. 83

This week Congress will consider repealing a rule that exposes business owners to unfair liability for honest and inadvertent paperwork mistakes related to recordkeeping. The rule – which extends the statute of limitations on recordkeeping violations from six months to five and a half years – does not improve the safety or health of your company’s workers.

The rule was issued by OSHA to get around a court decision involving a construction company that challenged an OSHA citation for a recordkeeping violation issued beyond six months. Two federal courts have since rebuked OSHA’s theory for issuing recordkeeping citations after six months. This rule, issued by the Obama administration in December, directly contradicts both the courts and Congress.

Contact your members of Congress and urge them to support swift passage of H.J.Res. 83 to stop OSHA’s abuse of authority.

OSHA issues final rule on workplace injury and illness data

Posted on by Andria Hine

OSHA released a special edition of its QuickTakes newsletter yesterday, announcing its final rule on injury and illness data collection:

OSHA issues final rule to make employers, public better informed about workplace injuries, illnesses

OSHA today issued a final rule to modernize injury data collection to better inform workers, employers, the public, and OSHA about workplace hazards. With this new rule, OSHA is applying the insights of behavioral economics to improve workplace safety and prevent injuries and illnesses.

OSHA requires many 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. The Bureau of Labor Statistics reports more than three million workers suffer a workplace injury or illness every year. Currently, little or no information about worker injuries and illnesses at individual employers is made public or available to OSHA. Under the new rule, employers in high-hazard industries will send OSHA injury and illness data that the employers are already required to collect, for posting on the agency’s website.

The availability of these data will enable prospective employees to identify workplaces where their risk of injury is lowest; as a result, employers competing to hire the best workers will make injury prevention a higher priority. Access to these data will also enable employers to benchmark their safety and health performance against industry leaders, to improve their own safety programs.

“Since high injury rates are a sign of poor management, no employer wants to be seen publicly as operating a dangerous workplace,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Our new reporting requirements will ‘nudge’ employers to prevent worker injuries and illnesses to demonstrate to investors, job seekers, customers and the public that they operate safe and well-managed facilities. Access to injury data will also help OSHA better target our compliance assistance and enforcement resources at establishments where workers are at greatest risk, and enable ‘big data’ researchers to apply their skills to making workplaces safer.”

Under the new rule, all establishments with 250 or more employees in industries covered by the recordkeeping regulation must electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301. Establishments with 20-249 employees in certain industries* must electronically submit information from OSHA Form 300A only.To ensure that the injury data on OSHA logs are accurate and complete, the final rule also promotes an employee’s right to report injuries and illnesses without fear of retaliation, and clarifies that an employer must have a reasonable procedure for reporting work-related injuries that does not discourage employees from reporting. This aspect of the rule targets employer programs and policies that, while nominally promoting safety, have the effect of discouraging workers from reporting injuries and, in turn leading to incomplete or inaccurate records of workplace hazards.The new requirements take effect August 10, 2016, with phased in data submissions beginning in 2017. These requirements do not add to or change an employer’s obligation to complete and retain injury and illness records under the Recording and Reporting Occupational Injuries and Illnesses regulation. For more information see the news release and blog post by Deputy Secretary of Labor Chris Lu, and visit OSHA’s webpage on the final rule, which includes links to a fact sheet and frequently asked questions.