OSHA is a step closer to publishing a proposed rule revising the Obama-era regulation,  Improve Tracking of Workplace Injuries and Illnesses.  OSHA’s proposal has been submitted to the Office of Management and Budget (OMB) for review under Executive Order 12866.  This is the final internal review before the proposal gets published in the Federal Register and signals that OSHA’s Notice of Proposed Rulemaking may be out by late summer.

It is anticipated that the proposed regulation will eliminate the requirement that large establishments, those with 250 or more employees, electronically submit the establishment’s OSHA 300 Log and 301 Forms annually and only be required to submit the 300A Form on an annual basis. In its Spring Regulatory Agenda, OSHA stated,

OSHA proposes to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees which are required to routinely keep injury and illness records. Under the proposed rule, these establishments would be required to electronically submit only information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses).

It is also anticipated that proposed changes may be made to the “anti-retaliation” provisions of the regulation.  Specifically, the current regulation allows OSHA to cite an employer for having policies or procedures that may discourage employees from reporting a work-related injury or illness, which some stakeholders argue is in conflict with the OSH Act and Congressional intent with the whistleblower provisions under Section 11(c).

Employers should follow this rulemaking carefully as it is likely to change the requirements for the electronic submission of recordkeeping forms.  Currently, all employers covered by the rule are required to submit their 2017 300A Form electronically by July 1, 2018.