OSHA is planning to move forward with new, more stringent rules for electronic record-keeping, despite complaints from the employer community. The new regulations, in final draft form as of October 5th, are based on a November 2013 proposal amending the agency’s rules to add new electronic reporting requirements, with the stated intention of making this information public. Employers with 250 or more employees, including full-time, part-time, temporary and seasonal workers, would be required to submit injury data electronically on a quarterly basis, while employers with 20 or fewer employees would have an annual requirement. Some employers and employer group have argued that making the data public undermines the “no fault” aspect of injury reporting and primarily serves to “embarrass” employers. OSHA has stated that the records available to the public will be scrubbed to eliminate identifying information and that the expanded data is necessary to improve workplace safety. The White House’s Office of Management and Budget has 90 days to approve the rules.
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