OSHA Proposes to Amend Electronic Recordkeeping Rule

On July 30, 2018, OSHA published a proposed rulemaking to revise the electronic injury and illness reporting regulation originally issued by the Obama administration. The proposed revision drops the requirement for establishments with 250 or more employees to submit 300 and 301 forms, and only mandates the submission of annual summary 300A forms. Establishments with 20 or more employees but fewer than 250 employees, and that are classified as being in a hazardous industry as listed by OSHA, would still be required to submit 300A forms. The proposed rule also adds a requirement for these establishments to include the Employer Identification Number (EIN) to their submissions.

Unfortunately, the proposed rule does not address concerns with the anti-retaliation provisions and drug testing and safety incentive programs. Lawsuits were already pending opposing the initial Obama-era regulation and one has already been filed protesting this revision. IEC intends to submit comments, which are due on September 28, 2018.