OSHAâ€™s Final Rule Regarding Tracking of Workplace Injuries and Illnesses
The Occupational Safety and Health Administration (OSHA) issued a final rule that is effective in 2017 that revised requirements for submitting records of workplace injuries and illnesses. Specifically, OSHA is requiring certain employers to electronically submit injury and illness information they are already required to keep under OSHA regulations.
Additionally, OSHAâ€™s final rule includes provisions that should encourage workers to report work-related injuries or illnesses to their employers while prohibiting employers from retaliating against works for making those reports.
The final rule electronic submission requirements apply to
- Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit information from OSHA Forms 300 â€" Log of Work-Related Injuries and Illnesses, 300A â€" Summary of Work-Related Injuries and Illnesses, and 301 â€" Injury and Illness Incident Report.
- Establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses must electronically submit information from OSHA Form 300A. Industries the requirements apply to include:
- Other ambulatory health care services
- General medical and surgical hospitals
- Psychiatric and substance abuse hospitals
- Specialty (except psychiatric and substance abuse) hospitals
- Nursing care facilities
- Residential mental retardation, mental health and substance abuse facilities
- Community care facilities for the elderly
- Other residential care facilities
2017 Data Submission Requirements
- Establishments with 250 or more employees should submit form 300A by July 1, 2017.
- Establishments with 20-249 employees should submit form 300 A by July 1, 2017.
Employeesâ€™ Right to Report Free from Retaliation
According to OSHA, the following provisions are said to promote complete and accurate reporting or work-related injuries and illnesses:
- Employers must inform employees of their right to report work-related injuries and illnesses free from retaliation. This obligation may be met by posting the OSHA Job Safety and Health â€" Itâ€™s The Law worker rights poster from April 2015 or later.
- An employerâ€™s procedure for reporting work-related injuries and illnesses must be reasonable and must not deter or discourage employees from reporting.
- An employer may not retaliate against employees for reporting work-related injuries or illnesses.
Workers have the right to:
- Working conditions that do not pose a risk of serious harm.
- Receive information and training (in a language and vocabulary the worker understands) about workplace hazards, methods to prevent them, and the OSHA standards that apply to their workplace.
- Review records of work-related injuries and illnesses.
- File a complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHAâ€™s rules. OSHA will keep all identities confidential.
- Exercise their rights under the law without retaliation, including reporting an injury or raising health and safety concerns with their employer or OSHA. If a worker has been retaliated against for using their rights, they must file a complaint with OSHA as soon as possible, but no later than 30 days.
How we can help
Healthcare Compliance Pros can provide you with the latest copy of the OSHA Job Safety and Health â€" itâ€™s The Law worker rights poster. We can also provide you a copy of the form 300A. Â Finally, our OSHA modules have been updated to reflect these final rule requirements.
If you have any questions please do not hesitate to contact us by phone: 855-427-0427 or by email: [email protected].