Tracking of workplace injuries and illnesses

Published in the August 2018 issue of Washington Update

Occupational Safety and Health Administration (OSHA) issued a proposed rule that would amend the agency's recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. These establishments will continue to be required to submit information from their Form 300A summaries. OSHA is amending its recordkeeping regulations to protect sensitive worker information from potential disclosure under the Freedom of Information Act (FOIA). OSHA has preliminarily determined that the risk of disclosure of this information, the costs to OSHA of collecting and using the information, and the reporting burden on employers are unjustified given the uncertain benefits of collecting the information. OSHA believes that this proposal maintains safety and health protections for workers while also reducing the burden to employers of complying with the current rule. OSHA seeks comment on this proposal, particularly on its impact on worker privacy, including the risks posed by exposing workers' sensitive information to possible FOIA disclosure. In addition, OSHA is proposing to require covered employers to submit their Employer Identification Number (EIN) electronically along with their injury and illness data submission. Comments must be submitted by September 28, 2018. Agency Contact Amanda Edens 202-693-2300.

PUBLISHED: 7/30/2018; ACTION: Proposed rulemaking; REFERENCE: 83 FR 36494; REG: 29 CFR Parts 1904. 

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