OSHA s E-Recordkeeping: How to Submit Your Records. December 13, 2017

Transcription

1 OSHA s E-Recordkeeping: How to Submit Your Records December 13, 2017

2 Agenda Welcome Discussion: The who, what and when of OSHA s Electronic Injury Recordkeeping Rule How to Submit Injury Data Through OSHA s Injury Tracking Application (ITA) web portal Best practices for extracting and submitting data from your EHS management system Q & A session 2 OSHA s E-Recordkeeping: How to submit Your Records

3 OSHA Practice Group, Conn Maciel Carey LLP Eric J. Conn Founder, Chair of the OSHA Workplace Safety Practice Group Conn Maciel Carey LLP Dan Deacon Associate in the Firm s OSHA Group Practices Conn Maciel Carey LLP Augustine Chan OSHA and Safety Product Manager Intelex Technologies Inc. OSHA s E-Recordkeeping: How to submit Your Records 3

4 Housekeeping Open Discussion is 60 minutes duration, and recorded. Please close out other open applications on computer. Questions will be answered during the session through the question panel and there will be a Q & A Period at the end. If you want to come on the mic, let the moderator know through the question panel. 4 OSHA s E-Recordkeeping: How to submit Your Records

5 The Who, What and When of OSHA s Electronic Injury Recordkeeping Rule OSHA s E-Recordkeeping: How to submit your records with Conn Maciel Carey LLP, sponsored by Intelex.

6 The Who and What of the Electronic Injury & Illness Data Submission Requirement May 12, 2016, OSHA published the Final Rule on Electronic Data Submission of Injury and Illness Recordkeeping 2 Major Provisions: 1. Establishments w/ 250+ workers must annually submit to OSHA; 300 Logs; 301 Incident Reports; and 300A Annual Summaries. 2. Establishments w/ 20+ workers in High Hazard Industries must annually submit 300A Summaries. Forms: 6

7 Impact on Employers o Quadruples number of employers required to submit injury data to the Department of Labor Establishments w/ 250+ Employees 38,000 to 129,000 sites Establishments w/ 20+ Employees 160,000 to 440,000 sites OSHA to receive detail on 1,325,000 cases! 7

8 Submission on an Establishment Basis and How to Determine Your NAICS Code Employers must initially determine whether any of their establishments are covered 1. May submit from HQ or establishment, but data must be indiv. to establishment Establishment = single physical location where business is conducted or services or industrial operations are performed. 2. Does establishment have 250+ employees, or in a high hazard industry? NAICS Code = primary business activity performed at establishment, based on share of production cost or cap. investment 8

9 The Who of the Electronic Injury & Illness Data Submission Requirement Is the employer required to maintain injury and illness records under OSHA s Recordkeeping Regulation? (11 or more employee non-exempt.) Yes Does the establishment have 250 or more employees? Yes Subject to Injury and Illness Data Submission Requirements No Yes No No Electronic Injury and Illness Data Submission Obligations No Does the establishment have employees? No Yes Is the establishment classified as a high hazard industry under the NAICS Code which is based on its primary business activity? OSHA s E-Recordkeeping: How to submit Your Records 9

10 What Data Must Be Submitted and When? Recordkeeping Establishments w/ Establishments w/ Deadline to Forms for Year 250+ Employees Employees Submit Forms As 300As July 1, 2017* Logs, 300As & 301s 300As July 1, and thereafter 300 Logs, 300As & 301s 300As March 2, 2019 (and each subsequent year) OSHA s E-Recordkeeping: How to submit Your Records 10

11 Current Status of Data Submission Requirement Legal challenge filed, P.I. denied, case stayed FAQ Page on OSHA s website updated: o Removed reference to Posting Injury Data (FOIA may require publishing) 1 st data submission deadline (300A only) extended from July 1 to Dec. 15, 2017 OSHA filed status update in case indicating that it is moving along in process to publish a new Notice of Proposed Rulemaking OSHA s E-Recordkeeping: How to submit Your Records 11

12 OSHA s E-Recordkeeping: How to submit your records with Conn Maciel Carey LLP, sponsored by Intelex. How to Submit Injury Data Through OSHA s Injury Tracking Application (ITA) web portal

13 Issues and Concerns with the Injury Tracking Application (ITA) 1. Privacy Concerns OSHA s ITA was hacked on August 14, 2017 and it was shut-down pending an investigation Department of Homeland Security notified the Labor Department that there was a compromise of user information o Raises concerns about Privacy and protection of Confidential Information 2. Application submission instructions are vague and confusing 3. Still unclear what OSHA will do with this data, and whether it will lead to targeted enforcement 13

14 Injury Tracking Application Three Step Process Step One: Create Account and Log-In information What corporate name should be used under the Company Name field? o The Corporate Entity that is responsible for day-to-day supervision of the employees at that location Step Two: decide between Manual Data Entry, Batch Data Transmission, or API Plug-In Manual Data Entry click on Create Establishment button Batch Submission click on Upload a Batch button API Plug-In need to work with OSHA and internal IT to set-up submission logistics Step Three: enter 300A data and submit to OSHA 14

15 Creating an Establishment Once you click the Create Establishment button on the ITA home screen, fill-out the Establishment Name field with name of business NOTE: while the Company Name field asks for the name of the company that owns the establishment, this field is not required to be filled out o The Company Name used when creating the account may be different than the owner of the business, and this information is superfluous 15

16 Can You Edit Data After it Has Already Been Input into the ITA Portal? Editing Establishments 1. Use the Drop Down Navigation Menu to click on the View Establishment List 2. Click the name of a specific establishment and modify the appropriate fields 3. Click Save Revising 300A Data 1. If you need to change data prior to submission, use the Drop Down Menu to click on the View Establishment List Click the name of a specific establishment 2. Click on the Edit 300A Summary screen and edit the appropriate fields 3. Click Save Revising 300A Data After Submitting to OSHA upload new file/information 16

17 State Plan State Implementation of E-Recordkeeping Rule? State-plan states are required to promulgate occupational injury and illness recording and reporting requirements that are substantially similar to those in 29 CFR part With respect to the data collection requirement, OSHA has granted states leeway in whether and how to collect electronic injury and illness data o Several states have not adopted a version of this rule yet, and therefore employers with establishments in those states are not required to submit data nor does OSHA s ITA allow you to: o Maryland, South Carolina, Utah, Washington, Wyoming, Minnesota, and California 17

18 OSHA s E-Recordkeeping: How to submit your records with Conn Maciel Carey LLP, sponsored by Intelex. Best Practices for extracting and submitting data from your EHS management system

19 What do I need to do? Data wise, Nothing! The data you need is already in the system Software wise, a small update to add new features 19

20 3 Ways to Submit Data to ITA Manual entry CSV file upload 3 rd party software integration 20

21 Software Update Incident Management System OSHA e-sub Add-on Dashboard with 300A Report Export CSV file for upload 21

22 New Datapoints from Add-on 22

23 New Dashboard and Report 23

24 Export and Save CSV File 24

25 Upload to ITA 25

26 What s Next? Prepare for OSHA s release of requirements for 300 and 301 Create a simple user experience to submit the data to OSHA Help guide users to determine what data is required to be submitted 26

27 Visit our OSHA blog:

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29 Questions? Come join the discussion at the EHSQ Community with Conn Maciel Carey LLP, sponsored by Intelex. 29

30 Contact OSHA Practice Group, Conn Maciel Carey LLP Eric J. Conn Founder, Chair of the OSHA Workplace Safety Practice Group Tel: (202) Dan Deacon Associate in the Firm s OSHA Group Practices Tel: (202) ddeacon@connmaciel.com 30

31 Established in An OSHA Co-Sponsor EHSQ Software, over a million users Worldwide. Increase customer s profits and protect goodwill. Peer reviewed as a best managed company.

32 Eric J. Conn Chair of the OSHA Workplace Safety Practice Group at Conn Maciel Carey LLP, where he focuses his practice on all aspects of occupational safety & health law: Represents employers in inspections, investigations & enforcement actions involving OSHA, CSB, MSHA, & EPA Responds to and manages investigations of catastrophic industrial, construction, and manufacturing workplace accidents, including explosions and chemical releases Handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations Writes & speaks regularly on safety & health law issues Conducts safety training & compliance counseling 32

33 Daniel C. Deacon An Associate at Conn Maciel Carey LLP in the Firm s OSHA and Employment Practices where he: Represents and advises employers in all aspects of the employer-employee relationship including wage/hour disputes and claims of discrimination Reviews and revises employee handbooks and workplace policies and procedures Represents employers during inspections and investigations conducted by the federal and state OSHA Advises and counsels employers in responding to notices of employee safety complaints and OSHA citations Helps develop and audit safety and health programs 33

34 Augustine Chan A Product Manager at Intelex Technologies Inc. in the OSHA and Safety Practices where he: Engages customers from all industries to continuously improve the safety best practices within the safety portfolio Transforms day-to-day business safety processes into simple to use management software Manages the safety portfolio to reflect the latest industry requirements Contact Details: augustine.chan@intelex.com 34

35 Appendix with Conn Maciel Carey LLP, sponsored by Intelex.

36 OSHA High Hazard Industries List: 2016 NAICS Industry NAICS Industry 11 Agriculture, forestry, fishing and hunting 4842 Specialized freight trucking 22 Utilities 4851 Urban transit systems 23 Construction 4852 Interurban and rural bus transportation Manufacturing 4853 Taxi and limousine service 42 Wholesale trade 4854 School and employee bus transportation 4413 Automotive parts, accessories, and tire stores 4855 Charter bus industry 4421 Furniture stores 4859 Other transit and ground passenger transportation 4422 Home furnishings stores 4871 Scenic and sightseeing transportation, land 4441 Building material and supplies dealers 4881 Support activities for air transportation 4442 Lawn and garden equipment and supplies stores 4882 Support activities for rail transportation 4451 Grocery stores 4883 Support activities for water transportation 4452 Specialty food stores 4884 Support activities for road transportation 4521 Department stores 4889 Other support activities for transportation 4529 General merchandise stores 4911 Postal service 4533 Used merchandise stores 4921 Couriers and express delivery services 4542 Vending machine operators 4922 Local messengers and local delivery 4543 Direct selling establishments 4931 Warehousing and storage 4811 Scheduled air transportation 5152 Cable and other subscription programming 4841 General freight trucking 5311 Lessors of real estate Previous discussion slide 36

37 OSHA High Hazard Industries List: 2016 NAICS Industry NAICS Industry 5321 Automotive equipment rental and leasing 6242 Community food and housing, and emergency and other relief services 5322 Consumer goods rental 6243 Vocational rehabilitation services 5323 General rental centers 7111 Performing arts companies 5617 Services to buildings and dwellings 7112 Spectator sports 5621 Waste collection 7121 Museums, historical sites, and similar institutions 5622 Waste treatment and disposal 7131 Amusement parks and arcades 5629 Remediation and other waste management services 7132 Gambling industries 6219 Other ambulatory health care services 7211 Traveler accommodation 6221 General medical and surgical hospitals 7212 RV (recreational vehicle) parks and recreational camps 6222 Psychiatric and substance abuse hospitals 7213 Rooming and boarding houses 6223 Specialty (except psychiatric and substance abuse) hospitals 7223 Special food services 6231 Nursing care facilities 8113 Commercial and industrial machinery and equipment* repair and maintenance 6232 Residential mental retardation, mental health and substance abuse facilities 8123 Dry-cleaning and laundry services 6233 Community care facilities for the elderly 6239 Other residential care facilities 37