National Roofing Legal Resource Center

Occupational Safety and Health Administration finalizes reporting regulation

OSHA issued its final regulation making modifications to its Improve Tracking of Workplace Injuries and Illnesses rule, which requires employers to submit injury and illness records electronically to the agency. The final regulation amends the original regulation, which had been issued in 2016, to require all companies with 250 or more employees to electronically submit only information from their Form 300A to OSHA—eliminating the requirement to also submit Forms 300 and 301. The final regulation maintains the requirement that firms in certain hazardous industries—including roofing—with between 20 and 249 employees annually submit their Form 300A electronically. NRCA is pleased with the elimination of the requirement for companies with 250 or more employees to submit their Form 300 and Form 301 electronically, as this removes the threat of possible disclosure of private employee information to third parties. However, maintaining the requirement to submit Form 300A to the agency—which will be subject to Freedom of Information Act requests by third parties—still puts employers and employees at risk for improper disclosure of sensitive information. Also, NRCA is disappointed OSHA failed to clarify how the regulation's anti-discrimination provisions will be implemented and what employers must do to comply. Although OSHA's action finalizes the regulation for now, NRCA notes litigation challenging the regulation is still pending, so the future of the issue may be determined by the courts. View more information regarding the final regulation.


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