In a major regulatory shift, the Occupational Safety and Health Administration (OSHA) has issued a final ruling, reviving an OSHA recordkeeping rule originally implemented under the Obama administration in 2016. This rule, which was subsequently rolled back by the Trump administration in 2019, involves certain classifications of employers in high-hazard industries.
According to the detailed analysis by Baker Donelson, the change comes into effect on January 1st, 2024 and obliges companies in high-hazard industries to submit additional injury and illness data electronically to OSHA. This substantial move intends to increase transparency regarding workplace safety and facilitate more efficient enforcement of the law by OSHA.
The Final Rule, found at 29 CFR 1904, seeks to strike a balance between the need for improved data collection while not imposing unnecessarily burdensome requirements on businesses. But what does this mean for employers? It signifies a new level of scrutiny and compliance, with those affected required to make significant changes in their information management processes.
Employers in the high-hazard industries should anticipate these changes and establish systems for electronic data submission, while factoring in the need to protect their employees’ privacy. Additionally, they should take into account potential penalties by OSHA for non-compliance with the new rule.
While this regulatory change marks a turning point for businesses operating in high-hazard industries, it is part of a broader trend towards increasing transparency and enforcement in matters relating to occupational safety and health.