OSHA’s Final Aphorism to “Improve Tracking of Abode Injuries and Illnesses” (aka the E-Recordkeeping Rule) requires administration of assertive sizes that abatement into assertive categories to proactively abide cyberbanking abrasion and illnesses abstracts to OSHA through its new web aperture – the “Injury Tracking Application.” The new aphorism badly changes the responsibilities and impacts of OSHA’s abiding abrasion and affliction recordkeeping program.
Historically, unless OSHA opened an administration assay at an employer’s abode or the Bureau of Labor Statistics requested an employer to participate in its anniversary abrasion abstracts survey, employers’ OSHA 300 Logs and accompanying forms remained carefully in-house. Administration kept the abstracts and their OSHA logs in their HR or Safety Department office, acquaint them internally for advisers to appearance for a brace of months, acclimated the abstracts themselves to accomplish decisions about how to abate accident of abrasion and affliction in their workplaces, and again stored the annal in a chiffonier or board drawer for bristles years. Now, OSHA’s new aphorism requires hundreds of bags of administration to proactively abide these historically clandestine annal to OSHA, which in about-face may broadcast the abstracts online for all the apple to see.
Key Changes in OSHA’s New Recordkeeping Rule
Note however, in this aboriginal year of the rule, for the accessible abstracts acquiescence of 2016 abrasion abstracts to be fabricated in agenda year 2017, all employers, irrespective of size, are alone appropriate to abide 300A Anniversary Summary data.
Deadline to Abide Abstracts – A Moving Target
The borderline to abide abstracts has been a affair of discussion, and there charcoal some ambiguity whether administration will be appropriate to electronically abide abrasion and affliction data. On May 17, 2017, OSHA appear an broad abeyance of the aboriginal July 1, 2017 borderline to abide abrasion and affliction recordkeeping abstracts through the cyberbanking portal. OSHA after appear a Notice of Proposed Rulemaking on June 26, 2017 to extend the acquiescence borderline to December 1, 2017. Bristles canicule later, on August 1, 2017, OSHA launched the online ITA aperture to accept recordkeeping data. Although the proposed aphorism to extend the borderline has not been finalized, fed OSHA has bidding that it is not acute administration to abide abstracts until the December 1 deadline.
The aphorism and/or the borderline to abide abstracts could be added impacted by addition rulemaking OSHA is accepted to admit to revisit the rule, by the acknowledged challenges already filed adjoin the rule, or by the Congressional Appropriations process. Specifically, on September 14, 2017, the House Appropriations Committee aloof avant-garde a Department of Labor budgetary 2018 appropriations admeasurement with a addition that precludes OSHA from spending any funds to apparatus or accomplish the E-Recordkeeping Aphorism (H.R. 3354 – Gibbs Amendment). For that to accept any effect, the Senate would accept to accept the aforementioned rider, so we will accept to abide to delay and see on that front.
Finally, the deadlines to abide may alter depending on the accompaniment breadth the alone abode resides, as discussed below.
Implementation of E-Recordkeeping in Accompaniment Plan States
One added breadth of ambiguity relates to Accompaniment Plan States. The abstracts acquiescence requirements beneath this aphorism are not corporate-wide. Rather, they are angry to alone “establishments,” which is authentic at 29. C.F.R. 1904.46 as “a distinct concrete area breadth business is conducted or breadth casework or automated operations are performed.” Accordingly, the new abstracts acquiescence aphorism requires a location-by-location assurance about whether and what to report, based on the cardinal of advisers at anniversary accurate area (peak application at any point during the year, including acting and allotment time employees), whether that cardinal meets one of the two beginning levels for advertisement (i.e., 20 – 249 or 250 ), and for the lower threshold, whether that enactment is in a covered high-hazard industry by NAICS code, and whether the accompaniment breadth the enactment is amid has implemented the E-Recordkeeping Aphorism yet.
That aftermost assay depends on whether the enactment is amid in a accompaniment that is covered by federal OSHA administration or is a accompaniment that operates its own federal OSHA-approved Accompaniment OSH Program. For establishments in fed OSHA states, the abstracts from their 2016 300A letters are due by December 1st, and charge be submitted electronically in fed OSHA’s ITA portal. However, administration in accompaniment plan states may not accept a abstracts acquiescence claim yet.
The new aphorism requires all state-plan states to accept the e-recordkeeping requirements, but fed OSHA has accepted states some elbowroom in back they charge alpha implementing the aphorism and how they may crave acquiescence of the data. Because the accompaniment plan states accept their own aldermanic or rulemaking processes, fed OSHA cannot crave them to breeze their fingers and instantly accept a new fed OSHA rule. OSHA has additionally explained that states may accept to acquiesce administration with establishments in their accompaniment to use the federal OSHA ITA aperture or to advance their own aperture or action for abstracts collection.
To date, several accompaniment affairs accept accomplished OSHA’s E-Recordkeeping Rule, but several others accept not, and some accept not alike accomplished the aldermanic or rulemaking action yet. For those states that do not accept and agree the e-recordkeeping requirements by December 1st, administration will not be appropriate to abide abstracts in those states.
Although it is absurd that any accompaniment will accept to actualize an online aperture to abide data, states do accept the advantage to accommodate their own abstracts accumulating sites. OSHA’s website currently states that it “will accommodate added advice and advice as the States adjudge how to apparatus these new advertisement requirements.” Based on our research, abounding accompaniment plan states accept already adopted OSHA’s E-Recordkeeping Aphorism and all of those accept autonomous to use the federal portal. However, abounding added accompaniment plan states accept not alike amorphous the action to accept the Rule.
The Table beneath provides an overview of the accepted cachet of the E-Recordkeeping Aphorism in all of the Accompaniment OSH Programs, and whether, back and how administration with establishments in accompaniment plan states are appropriate to abide cyberbanking abrasion and affliction data, as of now:
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