On May 11, 2016, OSHA announced final changes to its rules governing reporting of workplace injuries.  The new reporting rules will kick in for submissions due July 1, 2017.  While the new guidelines do not change who or what needs to be reported to OSHA, the method of reporting has changed for larger employers and is expected to result in employer-specific injury data being posted on OSHA’s public website.  OSHA also added some new anti-retaliation language to its regulations in an effort to further encourage employees to report every injury/illness. Here are the highlights of the Final Rules:

  • The Final Rules are effective August 10, 2016, but the electronic reporting requirement doesn’t start to phase in until 2017.
  • Because OSHA operates under a State Plan in Michigan, MIOSHA is required to adopt its own version of electronic reporting rules (substantially similar to the federal rules) within six months of this Final Rule.
  • Electronic reporting applies to all establishments with 250 or more employees in industries covered by the recordkeeping regulations, plus establishments with 20-249 employees in certain industries specifically identified by OSHA (see the list here).
  • In 2017, only Form 300A is required to be submitted electronically. In 2018, establishments covered by this rule will be required to submit additional information from Forms 300 and 301, as well as 300A electronically.
  • OSHA plans to make some injury reporting data publicly available on its website. While personal information such as the name and address of injured employees and healthcare facility information will be excluded from electronic disclosure, the public information will be employer-specific and could be used by unions and interest groups to target employers who have higher injury rates.
  • In 2019, the filing deadline with change from July 1st to March 2nd for all establishments.
  • Employers are required to inform employees of their right to report work-related illness and injuries without fear of retaliation.  The MIOSHA Poster (available here) satisfies this notice requirement.

For more information on workplace injury reporting requirements, contact a member of Rhoades McKee’s Employment Team.

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