Changes Coming to OSHA's Electronic Injury Reporting Rule

The deadline to submit your injuries and illnesses for 2016 electronically through the new OSHA Injury Tracking Application website is December 1. However, recent actions by OSHA suggest this rule has the potential to look differently next year.

In January, a lawsuit against the rule was filed in the U.S. District Court for the Western District of Oklahoma. The court stayed its ruling to allow OSHA to review the rule. As a condition of the stay, the court required OSHA to file status reports with the court. In the final status report recently issued, OSHA acknowledged they had reviewed the rule, have drafted regulatory text, summaries and explanations for proposed changes, and their economists are currently working on the economic impact analysis of the proposed changes.

Thus, the electronic recordkeeping rule is likely to be changed, but there are no indications of what will be changed or when. The two most contentious parts of the rule have been making injury/illness data for each company publicly available online and additional anti-retaliation rules which affect certain types of employee safety incentive programs and post-accident drug testing procedures. There is some thought that both of these previsions may be altered or removed from the rule.

Frequently Asked Questions

Q: What is OSHA’s electronic injury and illness reporting requirement?

OSHA requires covered employers to electronically submit annual injury and illness data through OSHA’s Injury Tracking Application (ITA). Companies with 250+ employees in certain industries, and those cited by OSHA, must report; companies with 50-249 employees must report unless they are in certain exempt industries. Submissions must include work-related injuries and illnesses recorded on OSHA Forms 300 and 301. The deadline for annual submissions is typically March 2 for the previous year’s data. iSi Environmental helps facilities compile accurate injury/illness data and meet OSHA reporting deadlines.

Q: Are injury and illness data submitted to OSHA made publicly available?

OSHA publishes aggregate national and state-level injury and illness statistics. However, company-specific injury data submitted to OSHA is not routinely made public unless there is a regulatory dispute or OSHA enforcement action. Facilities should consult with legal counsel regarding privacy and data transparency issues related to injury reporting. The public availability and anti-retaliation provisions of OSHA’s electronic recordkeeping rule have been subject to litigation and potential regulatory changes.

Q: What are OSHA’s anti-retaliation rules regarding safety incentive programs and post-accident drug testing?

OSHA regulations prohibit retaliation against employees for reporting injuries or illnesses. The agency has specific rules limiting certain safety incentive programs and post-accident drug testing practices if they discourage injury reporting. Facilities must design safety incentive programs to encourage—rather than discourage—injury reporting. Post-accident drug testing should not be used primarily to avoid recordkeeping obligations. iSi Environmental helps facilities design compliant safety incentive and drug testing programs.

Q: What forms must be used to document work-related injuries and illnesses for OSHA reporting?

OSHA Form 301 is used to record details of each work-related injury or illness. OSHA Form 300 is the annual log summarizing all injuries and illnesses for the year. OSHA Form 300A is the annual summary that must be posted publicly. These forms must be maintained for the duration of employment plus 5 years. Electronic submissions to OSHA use data from these forms. iSi Environmental helps facilities maintain accurate, compliant injury/illness records.

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