OSHA said it has extended the comment period on its controversial proposal to regulate electronic reporting. The agency has postponed the comment period until October 14th.
The rule, published on November 8, 2013, would amend OSHA's current recordkeeping requirements to require the nation's 38,000 establishments with more than 250 employees (and that are already required to maintain records) to submit records electronically to OSHA on a quarterly basis. The 440,000 U.S. companies with more than 20 but fewer than 250 employees and operating in certain industries with high injury and illness rates would be required to submit their records electronically to OSHA once a year.
When OSHA convened a public meeting to discuss the proposal, many participants expressed concerns that the rule would encourage underreporting of injuries and illnesses because each covered facility's data would be made publicly available on OSHA's website.
Participants also expressed concern that the proposal would result in an increase in the number of employers who engage in practices that discourage workers from reporting recordable injuries and illnesses. OSHA said it is concerned that the accuracy of data collected under the new proposal could be compromised if employers adopt these practices.
Safety and risk management groups have concerns about OSHA's proposed reporting rule
“OSHA wants to ensure that employers, workers and the public have access to the most accurate data about injuries and illnesses in their workplaces so that they can take the most appropriate actions to protect the safety and health of workers,” said OSHA Administrator Dr. David Michaels.
In light of the above feedback, OSHA requests comments on whether the proposed rule should be modified as follows:
- Require employers to inform employees of their right to report injuries and illnesses.
- Make it clearer that any injury and illness reporting obligations established by employers must be reasonable and not unduly burdensome.
- Provide OSHA with an additional remedy to prohibit employers from taking adverse action against employees who report injuries and illnesses.
Comments can be submitted electronically via the federal government's e-rulemaking portal.