In November 2013, OSHA published a notice of proposed rulemaking, “Improve Tracking of Workplace Injuries and Illnesses,” to add electronic recordkeeping requirements that would require certain employers to electronically submit to OSHA injury and illness recordkeeping information on a quarterly and/or annual basis. Additionally, the proposed rule would establish a public searchable website where OSHA would make employers’ injury and illness records available to the general public.
In August 2014, OSHA issued a supplemental notice of proposed rulemaking for this rule that included provisions that would prohibit employers from taking adverse action [termination, reduction in pay, reassignment to less desirable position] against employees for reporting injuries and illnesses. After public hearings and public comments were submitted on the proposed and supplemental rule, OSHA finalized the rule and sent the rule to the Office of Management and Budget (OMB) in October 2015 for review.
On April 29, 2016, OMB completed its review of the rule. The information available from OMB suggests that the final rule will have some changes from the proposed and supplemental rule, but it is unclear what those changes will be. A final rule is likely to be published in the Federal Register soon. We will provide updated information when it is available.