OSHA s New Improved Tracking Recordkeeping Rule

Transcription

1 OSHA s New Improved Tracking Recordkeeping Rule Paul Colangelo, STS, CHST, CET National Director of Compliance Programs ClickSafety 1 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

2 Agenda OSHA Recordkeeping Overview Severe Injury Reporting Rule of 2015 Improved Tracking Rule for 2017 Summary Q&A 2 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

3 OSHA Recordkeeping Overview OSHA s recordkeeping rule found in 29CFR 1904 states: Employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. Certain low-risk industries are exempted. 3 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

4 OSHA Recordkeeping Overview Minor injuries requiring first aid only do not need to be recorded. Any establishment with ten or fewer employees, regardless of their industry classification, is exempt from the requirement. 4 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

5 Severe Injury Reporting OSHA Last Updated: January 1, 2015 Two key changes: First Updated the list of industries that are exempt from the OSHA recordkeeping requirement due to relatively low occupational injury and illness rates. 5 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

6 Severe Injury Reporting OSHA Last Updated: January 1, 2015 Second Expanded the list of severe work-related injuries and illnesses that all covered employers must report to OSHA. The revised rule retained the current requirement to report all fatalities within 8 hours Added the requirement to report all inpatient hospitalizations, amputations and loss of an eye within 24 hours to OSHA. 6 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

7 Severe Injury Reporting How must the report of an event be made to OSHA? Employers have three options for reporting a qualifying event: By telephone to the nearest OSHA area office during normal business hours By telephone to the 24-hour OSHA hotline at OSHA (6742) Electronically at 7 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

8 OSHA s Improved Tracking Rule Two key changes: Electronic submission of injury and illness data for certain employers- Effective January 1, 2017 Worker anti-retaliation measures and protections, including interesting provision on employee drug testing 8 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

9 OSHA s Improved Tracking Rule New Improved Tracking of Workplace Injuries and Illnesses website: 9 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

10 Electronic Submission of Injury and Illness Data As part of the new 2017 rule: OSHA requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. 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. 10 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16 The amount of data submitted will vary depending on the size of company and type of industry.

11 Electronic Submission of Injury and Illness Data Submit the data where? OSHA will publish a secure website for establishments to submit their injury and illness data to via CSV file, currently scheduled for February 2017 launch. Employers already voicing concerns about sensitive information security, hacking ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

12 Electronic Submission of Injury and Illness Data- Who and When Compliance Schedule- Two year phase in period: Establishments with more than 250 employees submit information from their 2016 form 300A by July 1, Same employers submit information from all 2017 forms (300A, 300, and 301) by July 1, Beginning in 2019 and every year thereafter, the information must be submitted by March ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

13 Electronic Submission of Injury and Illness Data- Who and When Establishments with employees in certain high-risk industries submit information from their 2016 form 300A by July 1, 2017, and 2017 form 300A by July 1, Beginning in 2019 and every year thereafter, the information submitted by March 2. OSHA has defined the difference between and establishment and a firm. An establishment is defined as a single physical location where business is conducted or where services or industrial operations are performed. A firm may be comprised of one or more establishments 13 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

14 Worker Anti-retaliation Measures and Protections Section 11 (c) of the OSHA act, also known as the Whistleblower Program: Gives employees the right to report work related incidents, injuries, illnesses and fatalities to OSHA. Now it also prohibits employers from discouraging workers from reporting an injury or illness, and engaging in retaliation or intimidation tactics toward employees, such as threating to fire or demote an employee, or actually doing so ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

15 Worker Anti-retaliation Measures and Protections The 2017 rule also requires employers to inform employees of these specific rights, and not promote any incentive programs that would potentially conflict with these rules. These provisions originally became effective August 10, OSHA has currently delayed their enforcement until Dec 1, ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

16 Worker Anti-retaliation Measures and Protections- Employee Drug Testing Post Incident Drug Testing: Although the rule does not prohibit drug testing of employees, it does prohibit employers from using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses. If an employer conducts drug testing to comply with the requirements of a state or federal law or regulation, the employer's motive would not be retaliatory and this rule would not prohibit such testing ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

17 Worker Anti-retaliation Measures and Protections- Postings How are employees primarily made aware of their rights concerning these OSHA reporting rules? OSHA requires employers to inform employees of their rights, which can be satisfied by posting the already required Form 3165, also known as the It s the Law poster. It must be posted in a conspicuous location within your workplace. Downloads of this form in PDF format are available through the OSHA website in both English and Spanish 17 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

18 In Closing OSHA State Plans must adopt requirements that are substantially identical to the requirements in this final rule within 6 months after publication of this final rule. State-Plan requirements may be more stringent (I.e. exemptions, reporting injuries and illnesses). More questions? OSHA Improved Tracking of Workplace Injuries and Illnesses FAQ page: Howard Mavity- Fisher and Phillips- ASSE CPS Bonus- ClickSafety s new one hour OSHA 300 Recordkeeping and Reporting online course free! Coupon Code: RCK17- Code applies to ClickSafety s OSHA 300 Recordkeeping and Reporting course only. Coupon code must be entered at checkout to receive discount. Valid from now until 01/18/2017 at midnight 18 ASSE Construction Practice Specialty Quarterly Meeting 11/18/16

19 Thank You! Paul J. Colangelo, STSC, CHST, CET National Director of Compliance Programs Connect with me on LinkedIn 5 Wall St., Burlington, MA DIRECT MOBILE TOLL FREE ext ASSE Construction Practice Specialty Quarterly Meeting 11/18/16