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February/March 2017  Volume 15, Number 1        
 

evidence-based treatment

OSHA Update

Rules and regulations promulgated by OSHA, the Occupational Safety & Health Administration, affect employers all over the country. Here are a few new developments you should be aware of.

Electronic Submission of Injury and Illness Data

Starting in 2017, certain employers must electronically submit injury and illness data that they already record on their OSHA Injury and Illness forms. The new reporting requirements will be phased in over two years:

Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. These employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

Establishments with 20-249 employees in certain high-risk industries must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. To find out whether your industry is high risk, go to http://bit.ly/2kHMS5i.

OSHA will provide a secure website that offers three options for data submission. First, users will be able to manually enter data into a webform. Second, users will be able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). The site is scheduled to go live in February 2017.

Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public.

Recordkeeping an “Ongoing Obligation”

OSHA is amending its recordkeeping regulations to clarify that employers have an ongoing obligation to keep records of a recordable injury or illness; the duty does not expire just because the employer failed to create the necessary records when first required to do so.

OSHA adopted the amendments in response to a decision of the United States Court of Appeals for the District of Columbia Circuit in a 2012 court case, AKM L.L.C. v. Secretary of Labor (Volks). The Court of Appeals rejected OSHA’s attempt to fine Volks Constructors for failing to properly record certain workplace injuries and maintain its injury log more than six months after the last unrecorded injury occurred. OSHA agreed that its recordkeeping regulations were not clear but disagreed on the ruling. This final rule is designed to clarify the regulations in advance of possible future federal court litigation that could further develop the law on the statutory issues addressed in the D.C. Circuit’s decision.

Fines to Increase

The Inflation Adjustment Act and its amendments require federal agencies to make annual adjustments to fines and penalties for inflation. For the 2017 annual adjustment, OSHA multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.01636, and rounded to the nearest dollar. For penalties assessed after January 13, 2017, whose associated violations occurred after November 2, 2015, the higher penalty amounts outlined in this rule will apply. The table below shows the penalty amounts that apply:

Violations occurring Penalty assessed Which penalty level applies
On or before November 2, 2015 On or before August 1, 2016 Pre-August 1, 2016 levels.
On or before November 2, 2015 After August 1, 2016 Pre-August 1, 2016 levels.
After November 2, 2015 After August 1, 2016, but on or before January 13, 2017 August 1, 2016 levels.
After November 2, 2015 After January 13, 2017 January 13, 2017 levels.

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In this issue:

This Just In...

OSHA Update

15-Point Checklist for Your Account Service Instructions

Beyond Fitbits: How Wearable Tech Can Increase Safety

Daylight Savings Safety

 

 


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