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Total Articles: 10

Workers in High-Risk Industries at Greater Risk for Opioid Deaths, Study Says

Your employees could be at a heightened risk for developing an addiction to opioids after a workplace injury. Now is the time to take measures to minimize the risk of this happening to them.

OSHA Proposes Rescinding Part of Electronic Records Rule

Executive Summary: On July 27, 2018, the Occupational Safety and Health Administration (OSHA) issued a news release stating that it has issued a Notice of Proposed Rulemaking to “better protect personally identifiable information or data that could be re-identified with a particular individual by removing provisions of the ‘Improve Tracking of Workplace Injuries and Illnesses’ rule. OSHA believes this proposal maintains safety and health protections for workers, protects privacy and reduces the burdens of complying with the current rule.”

OSHA Proposes to Roll Back Electronic Reporting Rule

The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) to remove provisions of the "Improve Tracking of Workplace Injuries and Illnesses" rule. The agency said that the changes are meant to protect employees' personally identifiable information or data that could be re-identified with a particular individual. Observers expected these changes following OSHA's announcement in the 2017 regulatory agenda that it would review the Obama-era rule.

OSHA Proposes to Rescind Major Portions of its Electronic Reporting Rule

On Monday, July 30, 2018, the Occupational Safety and Health Administration (OSHA) issued a proposed rule to abolish much of the existing electronic reporting obligations for establishments with 250 or more employees. Under the proposed rule, OSHA would drop the requirement for establishments with 250 or more employees to electronically submit injury or illness data (OSHA Form 300) or incident reports (OSHA Form 301).

OSHA Proposes Amending Electronic Recordkeeping Requirements

On July 30, 2018, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) in the Federal Register seeking comments on a proposed measure that would partially rescind the 2016 amendments to its recordkeeping rule. The 2016 amendments required establishments with at least 250 employees, or with at least 20 employees in a high-risk industry, to electronically submit their illness and injury records to OSHA annually, beginning in 2017. However, OSHA was not accepting OSHA 300 and 301 forms on its portal for the July 1, 2018, deadline.

OSHA Proposes to Revise Electronic Submissions to Require Only 300A Forms

Today OSHA formally published a Notice of Proposed Rulemaking (NPRM) in the Federal Register revising the Obama-era regulation, Improve Tracking of Workplace Injuries and Illnesses. The proposed rule rescinds the requirement for establishments with 250 or more employees to electronically submit information from the OSHA 300 Log and 301 Form and adds a requirement for covered establishments to include the Employer Identification Number (EIN) with their submissions.

OSHA Update: Court of Appeals Upholds Employer's Criminal Liability and Maximum Fine in Employee's Death

On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall. Declining to overturn the lower court's decision, the three-judge panel found that prosecutors presented sufficient evidence to support the company’s conviction for willfully violating safety regulations and causing the worker’s death.

What’s Up with OSHA’s New Electronic Recordkeeping Requirements?

Put simply, OSHA has suspended the July 1 requirement that covered Employers must submit the detailed OSHA Form 300 detailing all 2017 recordable injuries, and the individual Form 301 (First Report of Injury) for all recordable 2017 injuries.

Celebrity Apprentice: Head of OSHA Edition. Which Celebrities Are Qualified to Lead the Occupational Safety and Health Administration?

On October 27, 2017, Scott Mugno was nominated by President Donald Trump to lead the Occupational Safety and Health Administration (OSHA) as the agency’s assistant secretary of labor. Mugno is the former head of Federal Express’ Safety, Health and Fire Protection division, a strong believer in employee safety, and is extremely qualified for this post. Unfortunately, however, Mugno has not yet been confirmed by Congress to take the position and OSHA remains without a leader.

OMB Finishes Review of Revised “Improve Tracking of Workplace Injuries and Illnesses” Rule

In a May post we noted that OSHA had moved closer to publishing a proposed rule revising the Obama-era regulation, Improve Tracking of Workplace Injuries and Illnesses by submitting the proposed rule to the Office of Management and Budget (OMB) for review under Executive Order 12866. This review was completed yesterday, July 23, and now signals that OSHA has jumped the final hurdle before it can publish a new proposed rule. In the Spring Regulatory Agenda, OSHA identified July as its target date for issuance of a Notice of Proposed Rulemaking. OMB’s completition of its review suggests that OSHA will likely issue a proposed rule in the Federal Register soon, possibly making its projected timeframe.