OSHA Announces New Recordkeeping Rule Regs

The Occupational Safety and Health Administration (OSHA) on Wednesday announced it has issued its final electronic recordkeeping rule.

The rule requires covered industries, including construction, that are employers with 250 or more employees to electronically submit their 300, 300A and 301 forms to OSHA on an annual basis. Construction industry employers that have between 20 and 249 employees are only required to electronically submit their 300A annual summary forms.HiRes

OSHA will provide a secure website for the transmission of this information. The rule allows for certain redactions to be made, such as employee names, addresses, and health care provider information.

Additionally, the rule includes provisions that require employers to inform each employee of their rights to report injuries and illnesses and how to do so, and inform them that they may not be retaliated against for reporting injuries or illnesses.

In 2014, NAHB strongly encouraged OSHA to withdraw its electronic recordkeeping proposal because the association believed it was merely a statistical means to collect data without demonstrating any evidence that it would effectively reduce workplace injuries and illnesses.

After initial review, it appears that the final rule contains some of the same problematic requirements that NAHB identified in comments submitted to OSHA during the rulemaking process.

NAHB believes that OSHA has failed to show any benefit for administering the electronic recordkeeping rule to improve tracking of workplace injuries and illnesses, specifically in the construction industry, and the rule lacks justification as to how the submission and publication of this data will improve workplace safety.

NAHB believes that housing the data—the accuracy and quality of which is dependent on a number of factors—online has the potential to cause harm if made public.

This final rule becomes effective on Jan. 1, 2017, except for sections 1904.35 (employee involvement) and 1904.36 (prohibition against discrimination/retaliation), which become effective on Aug. 10, 2016.

Employers must submit their OSHA 300A annual summaries by July 1, 2017. The requirements for the submission of 300 logs and 301 reports do not take effect until 2018, with those forms being due on or before July 1, 2018. Beginning in 2019, the forms will be due by March 2 every year.

It’s important to keep in mind that these new regulations do not add to or change an employer’s obligation to complete and retain injury and illness records under the Recording and Reporting Occupational Injuries and Illnesses regulation. The final rule is available in the Federal Register at https://www.federalregister.gov/articles/current.

NAHB staff is currently reviewing the 72-page rule and plan to provide members with more information in the coming weeks. Contact Rob Matuga with questions or comments at 202-266-8507.

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Comments (11)

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  1. Mike Meadows says:

    I believe OSHA and the Unions are in bed together and this information and going to be passed on to unions so they can start targeting non union companies, as they will know size of companies with their employee information.
    Remember OSHA is self funded and is not really watching out for the interest of workers or else they would be able to write citations to Federal, State and Municipalities for the infractions their employees make. Osha is nothing but a Joke and their whole goal is $. They are driving companies out of business with their paper work and ridicules fines (when has any company been given just a warning and not a fine).

    • NAHBNow says:

      NAHB agrees that OSHA‘s new requirements for the electronic submission of injury and illness information to the agency are troublesome and problematic. Throughout the rulemaking process, NAHB opposed OSHA‘s proposal because it lacked justification on how the submission and publication of this injury data will improve workplace safety and we strongly urged them to withdraw it — a request the agency ignored.

      Rob Matuga, NAHB, Labor, Safety, & Health

    • N says:

      I agree Mike

    • Mike: You are very mis-informed!

      1) OSHA is NOT Self-Funded!
      2) They do watch out for the interest of workers and Federal IS covered under OSHA Act, Local & State is covered under State Dept of Labor Depts.
      3) OSHA IS FAR FROM A JOKE!, Just ask the families of the 4700 workers who die on the job EVERY YEAR!
      4) NO Company has been driven out of business by OSHA or Worker Safety Regulations! I have personally seen OSHA reduce and eliminate the $ when a company proves a “Financial Hardship” even when found guilty of jeopardizing a worker’s health & Safety!
      5) The new reporting guidelines only apply to large companies that can easily do this, as they already report to insurance AND State WC!
      6) The information gathered through this data will be extremely beneficial in determining cause, trends of accidents and where accident reduction procedures need improvement!
      7) OSHA is a business owners BEST FRIEND and when followed reduces insurance, litigation and liability $!
      8) It doesn’t matter Union OR Non, put workers safety at risk = YOU DESERVE A FINE $!

      • Mike says:

        If that’s the case, then fine the federal government , municipalities and state agencies , which has more employees than any big business or does those lives not matter as much?

      • Javk Miller says:

        Do you think OSHA is the ONLY federal, state, county, township and city government agency that imposes regulations, fees and reporting requirements on businesses? Since when is a company with 20 employees a “large company”.

      • Sam C. says:

        Dave — Thanks for articulating the reality of the situation here. I will conceded that our government and the agencies through which it acts doesn’t always have perfect intentions but the idea that OSHA is just out to make money is absurd.

        The internet and technology as a whole are changing the world and changing the way government interacts with business. Sadly, in my experience, too many of us in the business of safety are slow to adapt and grow.

        I want to live in a world data drives decisions. This is progress.

  2. Don Druse says:

    Here is the real issue…the vast majority of our members have no idea what a 300 log is even for.
    We have a lot of catching up to do!!

  3. SP Johnson says:

    Keep this coming folks! This is why I still hold our membership in NAHB. Where else can we be kept on point? Who else has “Our Back”? As a business owner I would never have time to keep up on the political end of this Industry. I believe we must have some sort of reporting but how much is the key. But we all understand, that at the end of the day we want all of our employees to return home safe and sound to the families they left in the morning. We need to get on board and find a way to make this work, for all of us.

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