Your Recordkeeping Data is about to steal the spotlight–How to prepare for OSHA’s expanded e-Recordkeeping Rule

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On July 21, 2023, the Occupational Safety and Health Administration (OSHA) published a final rule in the Federal Register amending its regulation on Improved Tracking of Workplace Injuries and Illnesses. The final rule becomes effective on January 1, 2024.

Currently, establishments with 250 or more employees in any industry must submit information from their Form 300A Injury and Illness Logs electronically to OSHA, and only certain types of establishments (e.g., construction, manufacturing, department stores and warehouses) with 20 to 249 employees are required to submit such data. OSHA’s final rule expands on these existing electronic recordkeeping obligations by requiring establishments with 100 or more employees from workplaces listed in Appendix B of the rule to submit their 300 Log, corresponding 301 Incident Reports, and 300A Annual Summary Data. Workplaces listed in Appendix A with 20-249 employees will have to submit their 300A Annual Summary Data. Workplaces with 250 or more employees in any industry will continue to submit their 300A Annual Summary Data.

OSHA stated it will use the data to intervene with strategic outreach and enforcement to reduce worker injuries and illnesses in high-hazard industries. Thus, the increased data reporting will assuredly result in inspections in areas or establishments with high injury and illness rates, potentially subjecting employers in certain industries to additional inspections and regulatory scrutiny. OSHA believes that, by casting a wider net for injury and illness data, it can craft a more calculated approach to address specific hazards in workplaces.

What risks do employers face under the new e-recordkeeping rule? Click to continue reading full article