In the last days of the administration of President Biden, the federal security officers gave an updated compliance guideline on the controversial electronic recording guidelines and rule that come into force last year -but the questions remain as to whether the rule itself new administration is scrapped. The updated guideline of the occupational safety authority (OSHA) is intended to replace a publication of 2004 in order to reflect the current views of the agency on guidelines and information and to take into account the necessary revisions in the regulatory changes that have occurred since then. What do employers need to know about this new guideline – and what does the future keep?
Fast background
A long-awaited security rule at the workplace was put into force in early 2024, which made changes for certain employers to submit work-related injury and illness data. In particular, the controversial electronic recording rule has updated the list of employers, which are viewed in “High -Hazard” sectors and have created new obligations for some employers. Here you can read everything about the rule.
Bidens Last Osha Directive
Days before the key to the Trump administration, Bidens Osha issued a guideline for guidelines and procedural guidelines to clarify certain safety rules in the workplace. Among the most important:
- The final rule was shown in 2014, in which the requirements of 29 CFR 1904 were revised (requirements for the recording of professional injuries and illnesses). This regulation has updated the list of partially excluded industries and identified those after that Nacic code (North American Industry Classification System). It also expanded the reporting requirements in Section 1904.39 with all work -related inpatient hospital stays, amputations and eye losses.
- The amendment to the record regulation in 2016 at 29 CFR 1904.41, in which certain institutions are obliged Send information (Forms 300, 300a and 301) from your recording forms (Forms 300, 300a and 301) annually to Osha.
- The final rule was issued in 2019, in which the requirements for facilities in 2016 with 250 or more employees the requirements of their OSHA forms 300 and 301 once a year have to be enacted electronically once a year. As a result, these The facilities only had to electronically submit information from their annual summary of the OSHA 300A. Companies with 20 to 249 employees in certain proven industries were still obliged to submit the OSHA form 300A, as is usually required in 2016.
- The 2023 rules that Furthermore, and expanded the requirements for electronic submission of injury and disease data in accordance with section 1904.41. The final rule 2023 requires facilities with 100 or more employees in fixed industries to electronically submit certain information from your Osha Form 300 and Osha Form 301 to the OSHA once a year. The final rule 2023 has also updated the list of the proven industries in which institutions with 20-249 employees have to submit electronically information from their annual summary of their OSHA form 300a, and the requirement that facilities with 250 or more employees in all industries It is routinely necessary to hold part 1904 records must electronically submit such an OSHA form 300A.
What's next?
It is unclear how the new administration can affect the existing regulations, be it the recording requirements or the requirement to submit electronically. Our team predicts that the new Osha leadership under President Trump will visit the electronic submission requirements again, and you can expect the pendulum to swing back as with the first Trump government. The agency was again able to place the requirements for electronic submission on the shelf. Here you can read all of our predictions, including a deeper dive in the electronic recording rule.
What should you do?
It is important to note that the directive does not change existing OSHA rules or regulations, but is an invaluable resource for security specialists and organizations. Even if we predict that the rule is scrapped or watered down, you must meet all your requirements until this happens.
✅ Employers with 11 or more employees in the calendar year 2024 must show their form 300a from February 1, 2025 to May 1, 2025, unless they are in a specially liberated industry.
✅ The 300A must be offered in one place where employees would often see it, such as a break room or a bulletin board. Employers only have to publish the 300A summary form, not the entire package that contains 300 and 301 forms.
✅ Employers must also be willing to submit their records electronically by March 2, 2025 if necessary.
Diploma
We will continue to monitor updates for OSHA regulations and other security issues at the workplace, as we receive additional updates about President Trump's trump plans. If you have any questions, contact the authors of this knowledge, your Fisher Phillips lawyer or a member of our workplace -security practice group or a government relationship team. Visit our new administrative resource center for employers to check all of our thought leaders and practical resources and make sure that you have subscribed to Fisher Phillips's insight system to get the latest information on OSHA topics.