OSHA Publishes Final Rule on Electronic Recordkeeping

The Occupational Safety and Health Administration (OSHA) has published its final rule on electronic recordkeeping.

Effective August 10, employers who offer incentives to workers as part of their own safety programs can be cited for a violation. Furthermore, the rule requires nearly half a million workplaces in the United States to submit injury and illness report logs to OSHA's public website. This requirement, however, doesn't take effect until 2017, at which point it will be "phased in" through 2019. OSHA believes this will be more than enough time for employers to make the necessary changes to comply with the new electronic recordkeeping rule.

A spokesperson for OSHA confirmed said the new electronic recordkeeping rule will affect roughly one-third of employers who are currently required to maintain work-related injury and illness logs.

Of course, news of this rule shouldn't come as a surprise to employers who keep up with OSHA. The Administration first began drafting the rule as far back as 2013, during which worker rights groups like the AFL-CIO sounded concern over worker health due to employers discouraging their workers from reporting injuries and illness. As such, OSHA has created new rule to encourage better reporting through its electronic system.

As noted by OSHA's David Michaels, OSHA has been given the statutory authority to publish and enforce its new electronic recordkeeping rule.

“We are very comfortable we have the statutory authority to do this,” said OSHA administrator David Michaels, when speaking to reporters about the new electronic recordkeeping rule.

It's important to note, however, that not all employers are required to comply with OSHA's new electronic recordkeeping rule. Reports indicate that it will affect two different types of employers: those who employ 250 or more workers, and those classified as a high-risk injury with 20 to 249 workers. So, if you have fewer than 250 workers whom you employ and are not categorized as a high-risk industry, you are not required to comply with OSHA's new electronic recordleeping rule. High-risk industries include manufacturing, wholesale trade, utilities, forestry, fishing, grocery, healthcare, warehousing, and several others.