New OSHA Record-keeping Requirements Electronic Reporting and Anti-Retaliation Effective August 10, 2016

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1 1 of 6 3/9/ :38 PM Having trouble viewing this ? Click here Welcome to JER HR Group's newsletter. Please give us a call if we can help you in any way! New OSHA Record-keeping Requirements Electronic Reporting and Anti-Retaliation Effective August 10, 2016 by H. Graham Dail, Senior Consultant, JER HR Group

2 2 of 6 3/9/ :38 PM OSHA has modified its recordkeeping regulation, 29 CFR Part 1904, that will require many employers to submit OSHA logs, OSHA 301 forms, and OSHA 300A summaries to the agency in an electronic format. The amendments also include strengthening anti-retaliation provisions intended to prevent employers from retaliating against employees for reporting work-related injuries and illnesses. These provisions include ordering employers to abate a violation of the anti-retaliation provisionsby removing discipline from employees' files and reinstating terminated employees with back pay, if appropriate. These changes will allow OSHA and others, such as labor unions and plaintiffs' attorneys, to access injury and illness data and also create a new way for employees to allege retaliation. Electronic Submission of Injury and Illness Data include: Every establishment with 250 or more employees will be required to submit OSHA 300 Logs, 301 forms and 300A summaries electronically every year by uploading them into a database maintained by OSHA. Defines "establishment" as a "single physical location where work is performed". For those where employees do not work at a single location, the "establishment" is the main branch office, a terminal or similar location. OSHA will post the data and information for each establishment on its website and will redact names of employees and other identifying information before posting. OSHA and any member of the public will now be able to access the injury and illness data of any establishment that must report electronically. Certain industries with 20 or more employees will have to submit OSHA 300A summaries electronically. These industries are listed by NAICS code in Appendix A of the regulations. The list of establishments in Appendix A is extensive and will require MOST employers having employees to submit at least the form 300A annually. To view these

3 3 of 6 3/9/ :38 PM industries in Appendix A, click on this link and scroll to near the bottom of the page. The new requirements will be phased in. Covered employers will be required to submit electronically beginning next year. On July 1, 2017, deadline for covered employers to electronically submit their 300A summaries for covered establishments On July 1, 2018, deadline for covered employers to submit their 300 Logs, 301 forms and 300A summaries for covered establishments Beginning in 2019, final deadline that will change from July 1 of each year to March 2 of each year. States having "state plans" will implement systems that meet these deadlines. Effective Date of Reporting Requirement - January 1, 2017 (for 2016 year-end reports). Anti-retaliation provisions in the revised regulations require employers to take the following steps. Establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. Any procedure that would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness will be considered "not reasonable;" Inform each employee (both new hires and incumbents) of this procedure; Inform each employee that employees have the right to report work-related injuries and illnesses and employers are prohibited from firing or discriminating against them in any way for reporting work-place injuries and illnesses; Prohibits discharging or discriminating against employees in any manner for reporting work-related injuries or illnesses. The anti-retaliation provisions apply to all employers even if they are not required report to OSHA electronically. The anti-retaliation provisions take effect August 10, The will give employees a new way to allege that

4 4 of 6 3/9/ :38 PM their employers are retaliating against them. In addition, rather than filing a Section 11(c) complaint, an employee may now file a retaliation complaint directly with OSHA compliance personnel. A Compliance Officer will investigate and determine whether the employer violated the anti-retaliation provisions. If it is determined that they are in violation, employers will be required to abate the violation by removing the discipline notice, reinstating and/or paying back wages. Depending on the jurisdiction you are in, Federal or State OSHA officials will investigate and enforce the anti-retaliation measures. Employers may contest the violations to an administrative law judge and finally to the Occupational Safety and Health Review Commission. OSHA defends these anti-retaliation changes as being necessary to ensure that records submitted are accurate - if employees do not report injuries and illnesses because they fear retaliation, then data submitted by an employer will not be accurate. For additional information on how your company should proceed, contact Graham Dail at (336) Note: JER HR Group is not a law firm. No information contained in this newsletter should be construed as legal advice. You can view our new website (sll under development) at Need more information about this or other HR issues? Call us at (866) or

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