Final Rule Issued to Improve Tracking of Workplace Injuries and Illnesses

Why is OSHA issuing this rule?

This simple change in OSHA’s rulemaking requirements will improve safety for workers across the country. One important reason stems from our understanding of human behavior and motivation. Behavioral economics tells us that making injury information publicly available will “nudge” employers to focus on safety. And, as we have seen in many examples, more attention to safety will save the lives and limbs of many workers, and will ultimately help the employer’s bottom line as well. Finally, this regulation will improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses.

What does the rule require?

The new rule, which takes effect Jan. 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. The amount of data submitted will vary depending on the size of company and type of industry.

UPDATED: How will electronic submission work?

OSHA has provided a secure website that offers three options for data submission. First, users are able to manually enter data into a webform. Second, users are able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). The Injury Tracking Application (ITA) is accessible from the ITA launch page, where you are able to provide the Agency your 2017 OSHA Form 300A information. The date by which certain employers are required to submit to OSHA the information from their completed 2017 Form 300A is July 1, 2018.

Anti-retaliation protections

The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation, which can be satisfied by posting the already-required OSHA workplace poster. It also clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. These provisions become effective August 10, 2016, but OSHA has delayed their enforcement until Dec. 1, 2016.

Compliance schedule

The new reporting requirements will be phased in over two years:

The anti-retaliation provisions become effective August 10, 2016, but OSHA delayed their enforcement until Dec. 1, 2016.

Covered establishments with 250 or more employees are only required to provide their 2017 Form 300A summary data. OSHA is not accepting Form 300 and 301 information at this time. OSHA announced that it will issue a notice of proposed rulemaking (NPRM) to reconsider, revise, or remove provisions of the “Improve Tracking of Workplace Injuries and Illnesses” final rule, including the collection of the Forms 300/301 data. The Agency is currently drafting that NPRM and will seek comment on those provisions.

Establishments with 20-249 employees in certain high-risk industries must submit information from their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

See answers to more frequently asked questions on the rule.

Source: http://www.osha.gov (recordkeeping)

Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA

Under the OSHA Recording and Reporting Occupational Injuries and Illness: Reporting Fatality, Injury and Illness Information to the Government – the following is the requirement for injury and illness reporting.

Scope and application.

Basic requirement.

Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor.

Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee’s amputation or an employee’s loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.

You must report the fatality, inpatient hospitalization, amputation, or loss of an eye using one of the following methods:

  • By telephone or in person to the OSHA Area Office that is nearest to the site of the incident.
  • By telephone to the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742).
  • By electronic submission using the reporting application located on OSHA’s public Web site at osha.gov.

Implementation

If the Area Office is closed, may I report the fatality, in-patient hospitalization, amputation, or loss of an eye by leaving a message on OSHA’s answering machine, faxing the Area Office, or sending an email? No, if the Area Office is closed, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye using either the 800 number or the reporting application located on OSHA’s public Web site at www.osha.gov.

What information do I need to give to OSHA about the in-patient hospitalization, amputation, or loss of an eye? You must give OSHA the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye:

  • The establishment name;
  • The location of the work-related incident;
  • The time of the work-related incident;
  • The type of reportable event (i.e., fatality, in-patient hospitalization, amputation, or loss of an eye);
  • The number of employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye;
  • The names of the employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye;
  • Your contact person and his or her phone number; and
  • A brief description of the work-related incident.

Do I have to report the fatality, inpatient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? If the motor vehicle accident occurred in a construction work zone, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, inpatient hospitalization, amputation, or loss of an eye to OSHA. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

Do I have to report the fatality, inpatient hospitalization, amputation, or loss of an eye if it occurred on a commercial or public transportation system? No, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack? Yes, your local OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the heart attack.

What if the fatality, in-patient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? You must only report a fatality to OSHA if the fatality occurs within thirty (30) days of the work-related incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to OSHA if it occurs within twenty-four (24) hours of the work-related incident. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

What if I don’t learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye right away? If you do not learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye at the time it takes place, you must make the report to OSHA within the following time period after the fatality, in-patient hospitalization, amputation, or loss of an eye is reported to you or to any of your agent(s): Eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye.

What if I don’t learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident? If you do not learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident, you must make the report to OSHA within the following time period after you or any of your agent(s) learn that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident: Eight (8) hours for a fatality, and twenty-four (24) hours for an inpatient hospitalization, an amputation, or a loss of an eye.

How does OSHA define “in-patient hospitalization”? OSHA defines inpatient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment.

Do I have to report an in-patient hospitalization that involves only observation or diagnostic testing? No, you do not have to report an in-patient hospitalization that involves only observation or diagnostic testing. You must only report to OSHA each inpatient hospitalization that involves care or treatment.

How does OSHA define “amputation”? An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.

Source: www.OSHA.gov. [66 FR 6133, Jan. 19, 2001; 79 FR 56187-56188, September 18, 2014]

 

EEOC Releases Sample Notice for Employers to Comply With New ADA Wellness Program Requirements

Q&As Provide Additional Guidance

A sample notice is now available to help employers comply with new wellness program rules under the federal Americans with Disabilities Act(ADA). Among other things, the new rules require employers offering wellness programs that collect employee health information to provide a notice to employees informing them what information will be collected, how it will be used, who will receive it, and what will be done to keep it confidential.

The requirement to provide the notice takes effect as of the first day of the plan year that begins on or after January 1, 2017 for the health plan an employer uses to calculate any incentives it offers as part of the wellness program. Once the notice requirement becomes effective, employees must receive it before providing any health information, and with enough time to decide whether to participate in the program.

New Q&As Also Released
To help employers comply with the new notice requirement, the EEOC has also released a set of Q&As, which clarify, among other items:

  • Who must provide the notice;
  • The format in which the notice should be provided;
  • Whether an employee’s signed authorization is required as part of the notice requirement; and
  • Whether the current notice required under the federal Health Insurance Portability and Accountability Act (HIPAA) satisfies the new notice requirement under the ADA.

The ADA applies generally to employers with 15 or more employees. For more information on the new ADA rules, you may review the previously released Q&As and fact sheet.

ORIGINALLY POSTED BY WWW.HR360.COM

Federal Contractors and Subcontractors: 2016 VETS-4212 Reporting Season Runs from August 1 to September 30

Reports May Be Submitted Online

The U.S. Department of Labor (DOL) is reminding federal contractors and subcontractors that the 2016 VETS-4212 reporting season starts onAugust 1, 2016 and ends on September 30, 2016.

Background
The DOL’s Veterans’ Employment and Training Service (VETS) is responsible for administering the requirement under the Vietnam Era Veterans’ Readjustment Assistance Act that federal contractors and subcontractors track and report annually the number of employees in their workforces who belong to the categories of veterans covered under the affirmative action provisions of the law.

Filing Threshold
Federal contractors and subcontractors with certain contracts or subcontracts of $150,000 or more are required to file a VETS-4212 Report.

Note: Effective as of October 1, 2015, the previous $100,000 threshold for VETS-4212 reporting is increased to $150,000. Accordingly, for the2016 filing year beginning on August 1, 2016, the filing threshold for contracts entered into prior to October 1, 2015, is still $100,000; for contracts entered into on or after October 1, 2015, the filing threshold is$150,000. The filing threshold for contractors continuing to file their VETS-4212 Reports for 2015 is still $100,000.

Reporting Requirements
Federal contractors and subcontractors completing the VETS-4212 Report are to provide information on the number of employees and new hires during the reporting period who are protected veterans.

The 2016 filing season for the VETS-4212 Report starts on August 1, 2016 and ends on September 30, 2016. Any reports entered prior toAugust 1, 2016 are considered part of the 2015 filing cycle.

VETS encourages online website submission of reports. Additional information, including instructions and FAQs, is available on the VETS-4212 website.

ORIGINALLY POSTED BY WWW.HR360.COM