March 30, 2022

OSHA Proposes Changes to Recordkeeping Rules

On March 1st, you may have read FiveL’s annual reminder to post your OSHA 300-A summary. In the interim, on March 30th, OSHA published a Notice of Public Rulemaking (NPRM) and seeks comment about some proposed changes.  These include:

    • requiring establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year;
    • removing the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis (but would they be covered under the above so this is a zero-sum gain?);
    • requiring establishments to include their company name when making electronic submissions to OSHA;
    • updating the classification system used to determine the list of industries covered by the electronic submission requirement (would this update result in more or fewer industries being exempt?); and
    • authorizing OSHA to post the data from the proposed annual electronic submission requirement on a public website after identifying and removing information that reasonably identifies individuals directly, such as individuals’ names and contact information (but OSHA still has this data and can they protect it from any Freedom of Information Act (FOIA) request?).

The Notice and Comment period is open through May 31, 2022. Use the link above to submit comments.

Tip: Talk to your company’s legal counsel about privacy issues related to submitting your and your employees’ information to OSHA. SHRM recently posted a good article highlighting these concerns.