A regulation to change how companies report injury data to OSHA appears to be edging toward reality. The rule as proposed would also make companies’ injury data available on a publicly searchable website.
The proposal (https://www.osha.gov/recordkeeping/proposed_data_form.html ) was announced two years ago, but it wasn’t until early October that OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” draft final rule arrived at the Office of Information and Regulatory Affairs.
The National Law Review says this means “OSHA anticipates publication of this final rule very soon.” According to that publication, it could go into effect as soon as January 2016. Even if it doesn’t, putting it on the Office of Information and Regulatory Affairs (OIRA)’s desk increases the likelihood of the proposed rule taking effect before the close of 2016.
The rule would see several new electronic reporting requirements for companies:
-Establishments that are already required to keep injury and illness records and had 250 or more employees in the previous calendar year will have to electronically submit information from these records to OSHA on a quarterly basis.
-Establishments that are already required to keep injury and illness records and had 20 or more employees in the previous calendar year, and are in certain designated industries, will have to electronically submit the information from the OSHA annual summary Form 300A to OSHA.
-All employers who receive notification from OSHA will have to electronically submit specified information from their injury and illness records to OSHA.
The data OSHA collects that it intends to make public on its website may come from:
-All data fields from the OSHA Form 300A (Summary form)
-All data fields from the OSHA Form 300 (Log) with the exception of the employee’s name
-The data fields on the right side of the OSHA Form 301 (Incident report), such as the case number, date of injury or illness, time employee began work, time of event, what the employee was doing just before the incident occurred, what happened, what the injury or illness was, what object or substance directly harmed the employee, and the date of death if applicable.
Not surprisingly, there have been mixed reactions from industry and worker advocacy groups.
In its comments on the proposed rule, the National Association of Manufacturers has said that “without proper context, the raw data may result in unfair conclusions or judgments about a company or particular industry based on information that is not indicative of the actual safety record.”
Three weeks after the proposed rule was delivered to OIRA for review , another organization – the Corporate Research Project of Good Jobs First – had unveiled its own new website that identifies the biggest environmental/health/safety violators in the United States since 2010 (http://www.goodjobsfirst.org/violation-tracker). Its database includes penalties from EPA, OSHA and 11 other federal agencies that are involved with EHS issues.