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New OSHA Electronic Recordkeeping Rule on Hold

Published on 6/23/2017 12:00:00 AM
Regardless of what happens with the OSHA electronic recordkeeping rule postponement, the administration will continue to enforce the existing recordkeeping requirements for employers.

Due to a delay of the new electronic recordkeeping rule issued by the Occupational Safety and Health Administration (OSHA), employers can strike the July 1 compliance deadline from their calendars. The federal agency isn’t requiring employers to submit injury and illness reports electronically, nor has it set a new deadline.

In fact, the future of the OSHA electronic recordkeeping rule is uncertain under a changing administration and the recent appointment of Secretary of Labor Alex Acosta.

Existing OSHA Recordkeeping Rules Still Apply

It’s important to distinguish that the delay only affects the rule issued in May 2016 regarding electronic recordkeeping. Under this rule, certain employers would be responsible for submitting injury and illness data through a secure online portal. In turn, this information would be posted on OSHA’s website available to the public.

Regardless of what happens with the electronic filing rule, these standard OSHA reporting requirements remain in effect and will still be enforced:

OSHA Form 301 (Injury and Illness Incident Report) to capture the details of any job-related illness or injury within seven days of it occurring
OSHA Form 300 (Log of Work-Related Injuries and Illnesses) to keep a running tally of incidences throughout the year
OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) to post in a conspicuous place by February 1 through April 30 the following year

In addition, the anti-retaliation provision of the new rule still applies. This provision, which took effect in December 2016, forbids employers from discouraging workers from reporting an injury or illness.

Specifically, you must inform employees of their right to report incidents free from retaliation, which is covered on the mandatory OSHA workplace poster. Your onsite process for reporting incidents must be clear and reasonable — and you’re strictly prohibited from retaliating against an employee for taking action.

Stay Compliant with Current and Changing OSHA Requirements

Complete and accurate recordkeeping is an important aspect of OSHA compliance in the workplace. For an easier way to meet OSHA recordkeeping requirements, consider a comprehensive OSHA-compliance software solution that puts everything at your fingertips. A wizard-driven approach uses your answers to determine whether an incident requires reporting, then automatically generates the required injury/illness OSHA forms with your entered data. And thanks to SmartUpdate by ComplyRight™, you’ll be alerted if (or when) any electronic filing requirements are implemented.

Jaime Lizotte
Presented by: Jaime Lizotte,
HR Solutions Manager
Hiring, recordkeeping, time and attendance tracking, employee discipline, filing 1099 and W2s ... all of these tasks create overhead expenses and detract from revenue-generating activities.