Employer Alert: OSHA Finalizes Workplace Injury Reporting Rule

Submitted by Firm:
Cross, Gunter, Witherspoon & Galchus, P.C.
Firm Contacts:
Abtin Mehdizadegan, J. Bruce Cross, Misty Wilson Borkowski
Article Type:
Legal Update

The Occupational Safety and Health Administration (OSHA) has finalized a record-keeping and reporting rule that requires employers to electronically submit information about workplace injuries and illnesses, and bars employers from retaliating against workers for reporting such incidents.

The final rule also requires employers to inform workers of their right to report work-related injuries and illnesses without fear of retaliation, and clarifies employees' rights to access workplace injury data. OSHA's rule, which is slated to fully take effect in January 2017, also said that the agency intends to post the data from employers' electronic submissions on a publicly accessible website.

The new rule's electronic reporting requirements will apply to all establishments with 250 or more employees. Establishments with between 20 and 249 employees in designated hazardous industries will also be required to submit summaries of injury data sans additional details that larger establishments must provide, according to OSHA.

The anti-retaliation provisions, which clarify that an employer must have a reasonable procedure for reporting work-related injuries that doesn't discourage employees from reporting, will apply to all employers, OSHA said.