• Leadership Update

OSHA Issues a Notice of Proposed Rulemaking (NPR) Concerning Recordkeeping

The Office of Management and Budget (OMB) completed its review of the revised “Improve Tracking of Workplace Injuries and Illnesses” Rule on July 23. This signals that OSHA can now publish a new proposed rule.

In the Spring Regulatory Agenda, OSHA identified July as its target date for issuance of a Notice of Proposed Rulemaking. OMB’s completion of its review suggests that OSHA will likely issue a proposed rule in the Federal Register soon.

It is anticipated that the proposed regulation will eliminate the requirement that large establishments, those with 250 or more employees, electronically submit the establishment’s OSHA 300 Log and 301 Forms annually, and only be required to submit the 300A Form on an annual basis.

A big issue of interest to employers will be whether the proposed changes contain revisions to the “anti-retaliation” provisions of the regulation. Specifically, the current regulation allows OSHA to cite an employer for having policies or procedures that may discourage employees from reporting a work-related injury or illness, which some stakeholders argue is in conflict with the OSH Act and Congressional intent with the whistleblower provisions under Section 11(c).

ISRI Safety will follow this rulemaking carefully as it may possibly change the requirements for the electronic submission of recordkeeping forms. All covered employers were required to submit their 2017 300A Form electronically through OSHA’s Injury Tracking Application by July 1, 2018. Employers can continue to electronically report their 2017 300A Form to OSHA, but submissions after July 1, 2018 will be flagged by OSHA as “Late.”

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