OSHA is proposing an amendment to their recordkeeping regulations to protect sensitive worker information from potential disclosure under the Freedom of Information Act (FOIA). They will be issuing a proposed rule in July of 2018 to revise the 2016 Improve Tracking of Workplace Injuries and Illnesses final rule to remove the requirement for employers with 250 or more employees to submit data from their OSHA 300 Logs and OSHA 301 Incident Reports. These employers would still be required to electronically submit their 300-A Summary data to OSHA.
In deciding whether to cite an employer for safety violations, OSHA uses a two-step process:
- What is the status of the employer in the case—Creating, Exposing, Correcting, or Controlling?
- Given the different responsibilities of each employer type in a multi-employer project, did the employer meet those responsibilities?
OSHA has decided that it will not accept electronic submissions of workplace injury and illness data by the July 1, 2017 deadline. The Agency’s website states: “OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically. Updates will be posted to this webpage when they are available.” OSHA’s final rule on Tracking of Workplace Injuries and Illnesses requires select employers that are already keeping injury and illness records to submit their workplace injury and illness data to OSHA. The Agency plans to make this information public, while protecting personal injury information. The rule is being contested in two federal courts, and OSHA will likely wait for the outcome of these cases before taking further action.
Last week, President Donald Trump signed the measure to overturn the Volk's Rule. This controversial U.S. Occupational Safety and Health Administration rule obligates employers to keep injury and illness records for five years.
The 2016 Summary of Work-Related Injuries and Illnesses (Form 300A) must be posted in workplaces from February through April.