OSHA Plans to Scale Back Workplace Illness and Injury Reporting Requirements

OSHA Plans to Scale Back Workplace Illness and Injury Reporting Requirements

The Occupational Safety and Health Administration of the US Department of Labor has issued a Notice of Proposed Rulemaking that “would amend OSHA’s recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301”:

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 illness, injury, and fatality reporting rules was introduced under the Obama administration in 2014 and 2016, requiring employers to report work-related fatalities and severe injuries to the administration and later to electronically submit injury and illness information to OSHA annually. The new administration’s rationale for the regulatory change is that “the electronic collection of case-specific forms … adds uncertain enforcement value, but poses a potential privacy risk under FOIA,” the notice states.

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