OSHA takes step back on electronic injury log submission rule

May 23rd, 2017 by Dakota Software Staff Industry News

The Occupational Safety and Health Administration recently announced a delay in policy - one of several since the new presidential administration took over - that has a widespread impact on businesses across the country. An Obama era rule aimed at increasing visibility into the injuries and illnesses reported by workers while on the job has been delayed indefinitely through a suspension of the policy. In essence, that means businesses won't have to send detailed injury logs to OSHA electronically for this purpose, nor will they have specific information about health and safety concerns made public for general consumption.

Major industry pushback may have influenced change

The rule was popular among Obama-era officials. That includes former OSHA chief administrator Dr. David Michaels, who told the Washington Post that making injury rates public can influence certain employers to improve and strengthen their health and safety efforts. While the rule had support due to potential benefits in terms of improving EHS regulatory compliance, there were many individual businesses and groups positioned against the change.

The groups opposed to the change included, but weren't limited to, a number of construction and contracting organizations that believed the change would unfairly harm the reputation of some of their member businesses. That coalition had previously argued against the updated rule in court and engaged in lobbying efforts with the executive branch to remove it, the Post said.

Michaels' statement about the use of injury logs is partially based on the previous OSHA program involving high-risk industries and the submission of records by mail. That initiative carried on for about 17 years, between 1995 and 2012. About 180,000 businesses had to submit records in this way.

The program, which was viewed as expensive to maintain by OSHA, would have expanded significantly with the new electronic submission method. Any organization with more than 250 employees, regardless of industry, was required to participate. Additionally, businesses with at least 20 employees in certain high-risk fields were also required to participate, The National Law Review said.

The language of the official notice from OSHA, shared by the Review, said the federal health and safety regulator intends to extend the deadline for records submission. It was originally set for July 1, 2017. The message noted a lack of additional information and told businesses affected by the rule that more guidance would be forthcoming.