OSHA Proposes Changes to Recordkeeping Regulations | woodruff sawyer
Who must report electronically?
Not all establishments are required to keep 300 logs. If a facility falls under OSHA partially exempt status list, they would only have to keep logs if OSHA or the Bureau of Labor Statistics (BLS) requests it in writing. If an establishment falls under this partial exemption status, it is also exempt from electronic reporting. Even among facilities required to keep records, only some facilities are required to report 300A data electronically under current regulations. This requirement is based on size parameters and the North American Industry Classification System (NAICS) code of each establishment’s main function. To make this decision under current regulations, an employer can use the Who, What, When and How radio buttons on the OSHA ITA Launch Page. Under the OSHA Proposal, many employers will still not have to electronically report injury and illness information for any of their facilities. OSHA’s proposal, many employers will still not have to electronically report injury and illness information for any of their facilities.
However, for establishments with 100 or more employees whose primary function is listed in the 2017 NAICS codes (in Appendix B of Section E of the proposed standard, beginning on page 59), there will be a substantial increased time and effort required. In addition to electronically submitting the 300A Summary Form for this establishment under current regulations, these employers will also be required to report all data fields from their 300 records and most data fields from their 301 forms. Form 301 is like a first injury report but more detailed in some areas.
In its proposed rule change, OSHA notes that some employers with establishments of 250 or more workers will no longer have to report 300A summary data electronically, depending on the NAICS code involved. OSHA also says the reason it has moved away from some of these large establishment NAICS codes is to focus on industries it considers more hazardous.
OSHA plans to make reports public
OSHA says it will use these electronic reports to identify and respond to emerging health and safety risks and plans to make all employees except PII available to the public. A former OSHA official once used the words “public shaming” to describe the release of this data, so OSHA’s intent in taking this action is clear. Once this data is made public by OSHA, it will be possible for anyone to access a company’s safety data, accident stories, number of accidents, accident locations, injury types and to any other information contained in the log 300 and 301 which is not taken into account. PII.
According to an article by JD Supra, the proposed new rule could lead to attacks on some employers by attorneys for plaintiffs, competitors, community activists or union organizers. While employer OSHA 300A forms are already available on the OSHA website and some log information can be viewed by employees or representatives through a Freedom of Information Act request, the release of these information represents a new level of data availability.
Not all establishments correspond perfectly to a NAICS code. In other words, there are differences between establishments with the same NAICS code, which can make comparing one establishment to another an inaccurate strategy. This has long been a challenge for security professionals looking to build a reliable bank of key performance indicators for security programs. The use of this type of comparison by some entities could be inconvenient, as well as inaccurate, if not properly adjusted.
The new standard is still at the proposal stage and could face legal challenges. Employers and industry representatives can now submit feedback in the Federal Register System between March 30 and May 31, 2022, under file OSHA-2021-0006.
Which sectors would be affected by the proposed changes?
The list below includes a summary of the types over 100 NAICS categories that would be affected by OSHA’s new proposal. If an employer has establishments with a primary function that appears in these categories, and those locations have 100 or more employees, the proposed rule change will affect those locations and their data will be made public assuming the proposed standard is fully adopted. .
- Forestry, wood and building materials
- Several different types of manufacturers, including architectural and structural metals
- Food processing and manufacturing
- Manufacture of plastic products
- Building foundation and exterior construction
- Seafood preparation and packaging
- Machine shops
- Wholesalers of many types
- Shops of all kinds, including groceries, department stores, and general merchandise
- Air Transport
- Hospitals and health care of various types
- Long-term and assisted care
- Special food services (delivered and prepared in trucks or on site)
- Several types of hospitality operations
- Beverage manufacturing
- Manufacture of motor vehicles, bodies and trailers
- Sale of auto parts of various types
Choose the right NAICS code
Choosing the right NAICS code for each location within a business has always been important, but it may become even more important in the future. Choosing the wrong NAICS code could cost an employer time and money by requiring additional data collection and entry when not needed, or it could create a situation where their establishment does not match the data correctly. BLS available for the NAICS code he selects.
When considering this screening process, remember that OSHA will use the reported NAICS code to determine if each facility has unacceptably high injury rates and will use that data to target them on a future visit. When choosing a NAICS code for each establishment, the main activity of an establishment is the main factor on which to base this decision. “Primary activity” is defined by the Census Bureau as a number determined by income, but employers sometimes take into account the hours worked and the number of employees dedicated to each activity in each establishment. The Census Bureau has a NAICS search tool to help with this process.