November 6, 2015

OSHA rule requiring employers to post injury, illness info online may be coming soon

Editor’s Note: The OSHA rule should incorporate a mechanism allowing persons to seek and obtain correction of erroneous or misleading data. See, Correcting Federal Databases: A Procedural Guide.

From: Lexology

David L. Smith | Constangy Brooks Smith & Prophete LLP

A draft final rule on electronic tracking of employers’ injury and illness records has been sent to the White House’s Office of Information and Regulatory Affairs by the Occupational Safety and Health Administration. This is the last stage of review and approval before the final rule is issued and takes effect.

As initially proposed in November 2013, the new rule would require larger establishments to submit their OSHA 300 Logs, 301 Incident Reports, and 300A Annual Summaries to OSHA through a website that would allow for public access to that information. Only names and addresses of employees and treating physicians would be withheld. As proposed, the rule would apply to establishments that are required to keep an OSHA Log and that had at least 250 employees at any time during the previous calendar year. Currently, OSHA sees this information only during the course of an on-site inspection.

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