The Occupational Safety and Health Administration (OSHA)require employers to abide by some basic recordkeeping and reporting regulations pertaining to injuries and illnesses that occur in the workplace. Unfortunately, the Bureau of Labor estimates that there are more than 3 million non-fatal, recordable, work-related incidents that occur on the job every year.
Employers that are required to record such incidents are likely very familiar with the OSHA 300, 300A and 301 Forms. These documents, in turn, become a valuable tool when evaluating workplace safety and industry hazards. Analysis of this information leads to better protection of workers and the reduction or elimination of hazards. However, the way that this data is currently submitted may change drastically in the near future.
On November 7th, 2013, OSHA issued proposed changes to its existing recordkeeping requirements. It did so, by way of the federal rulemaking process. Among these proposed modifications are requirements for establishments employing more than 250 workers. These businesses are already required to keep injury records, but newly proposed changes would force them to submit to OSHA, electronically, on a quarterly basis. If the rule were to become final, it would also require establishments with 20 or more employees in industries that have high injury and illness rates to submit their injury and illness logs, electronically, each year.
Additionally, OSHA plans to post and make this injury and illness data available to the public once any identifying information has been removed. OSHA Assistant Secretary, Dr. David Michaels noted that, “OSHA already collects injury and illness data from 80,000 U.S. employers and already posts the data from 60,000 of them online.” He said, “The newly proposed submission requirements will enable employers to compare their safety records against peers and will allow workers to know the safety records of potential employers. Aggregating data across industries also will help researchers identify emerging hazards and patterns.”
However, at this point OSHA is unsure how quickly the new data would be able to be posted after receiving it. This entire undertaking is supported by major safety advocate, Paul O’Neill. O’Neill is the former CEO for the Aluminum Company of America (ALCOA).
While at ALCOA, he was a pioneer for instituting real-time injury and illness reporting within the organization. As a result, OSHA still holds him in high regard. So much so, that when announcing these newly proposed changes to the recordkeeping regulations, Dr. David Michaels invited O’Neill to be on hand. Following the announcement O’Neill stated, "I think this [OSHA proposed rule] is a great initiative. I hope it won't be too long until we take the step of suggesting to employers that they post their data in real time like ALCOA does."
The American Industrial Hygiene Association (AIHA) also issued a statement in support of OSHA’s proposed rule changes. AIHA, President, Barbara J. Dawson, CIH, CSP stated: "While much depends on the details of the proposed rule, AIHA supports OSHA's efforts to protect workers by making employee injury and illness records public, as this will more effectively prevent workplace accidents and illnesses. The proposal will increase the focus of senior managers on injury and illness data and encourage employers to do the right thing for their workers. We will closely review the proposed rule and seek input from our members and other stakeholders as we put together formal comments on the proposal."
OSHA is scheduled to hold a public hearing to address concerns and any industry or stakeholder feedback on these proposed changes on Thursday, January 9th, 2014 in Washington, D.C. However the agency will be accepting public comments through February 6th, 2014. All interested parties are encouraged to contribute feedback to these proposed changes.
Whether or not OSHA can get these proposed recordkeeping changes pushed through to become statute has yet to be determined. If they are able to make them happen, how long it will take to come to fruition is equally uncertain. One thing is certain however currently there are around, 2,400 OSHA inspectors and there are millions of workplaces and employers. These inspectors simply can’t be everywhere. OSHA believes that these modifications will be "an effective, inexpensive, and non-prescriptive way" to encourage employers to fix job hazards.
Dr. David Michaels spoke regarding the initiative:
"With the changes being proposed in this rule, employers, employees, the government and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities. The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."
If you would like more information about OSHA Recordkeeping Requirements or how to access and complete forms visit If you would like more information about OSHA’s proposed rule changes, information on how to participate in the rulemaking process or where to submit comments visit