New DOL/OSHA requirements for injury and illness data by employers in construction

From DOL/OSHA —

The U.S. Department of Labor now requires certain employers in designated high-hazard industries to electronically submit injury and illness information – that they are already required to keep – to the department’s Occupational Safety and Health Administration.

The final rule is effective Jan. 1, 2024, and now includes the following submission requirements:

  • Establishments with 100 or more employees in certain high-hazard industries must electronically submit information from their Form 300-Log of Work-Related Injuries and Illnesses, and Form 301-Injury and Illness Incident Report to OSHA once a year. These submissions are in addition to submission of Form 300A-Summary of Work-Related Injuries and Illnesses.
  • To improve data quality, establishments are required to include their legal company name when making electronic submissions to OSHA from their injury and illness records.

OSHA believes that providing public access to the data will ultimately reduce occupational injuries and illnesses.

OSHA will publish some of the data collected on its website to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers and the general public to use information about a company’s workplace safety and health record to make informed decisions. OSHA believes that providing public access to the data will ultimately reduce occupational injuries and illnesses.

“Congress intended for the Occupational Safety and Health Act to include reporting procedures that would provide the agency and the public with an understanding of the safety and health problems workers face, and this rule is a big step in finally realizing that objective,” explained Assistant Secretary for Occupational Safety and Health Doug Parker. “OSHA will use these data to intervene through strategic outreach and enforcement to reduce worker injuries and illnesses in high-hazard industries. The safety and health community will benefit from the insights this information will provide at the industry level, while workers and employers will be able to make more informed decisions about their workplace’s safety and health.”

The final rule retains the current requirements for electronic submission of information from Form 300A from establishments with 20-249 employees in certain high-hazard industries and from establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records.

The announcement follows proposed amendments announced in March 2022 to regulations for requiring specific establishments in certain high-hazard industries to electronically submit information from their Log of Work-Related Injuries and Illnesses, and Injury and Illness Incident Report.

ELECTRONIC SUBMISSION REQUIREMENTS

Electronic submission is required for organizations with 100 or more employees in designated industries, including NAICS 2381, Foundation, Structure, and Building Exterior Contractors:

General Reporting Requirements
Who is covered by these reporting requirements?

To see if you are required to submit this data and which data to submit, you can visit OSHA’s ITA Coverage Application, or view the following Coverage Tables:

Electronic Submission of Records
OSHA collects work-related injury and illness data from establishments through the Injury Tracking Application (ITA).

Establishments that meet certain size and industry criteria are required to electronically submit injury and illness data from their OSHA Form 300A, 300, and 301 (or equivalent forms) once per year to OSHA. OSHA collects this work-related injury and illness data through the Injury Tracking Application (ITA). The ITA launch page also has answers to frequently asked questions.

Recordkeeping Requirements
Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. (Certain low-risk industries are exempted.) Note: The list of partially exempt industries is based on the 2007 NAICS codes.

If an industry listed on the “Non-Mandatory Appendix A to Sub part B – Partially Exempt Industries” no longer exists in the 2017 and 2022 NAICS coding system, this would not change your partially exempt status. {See FAQ 2-3 and 2-4}. Minor injuries requiring first aid only do not need to be recorded.

This information helps employers, workers and OSHA evaluate the safety of a workplace, understand industry hazards, and implement worker protections to reduce and eliminate hazards -preventing future workplace injuries and illnesses.

For information on recording cases of work-related COVID-19 during the COVID-19 Pandemic, see OSHA’s COVID-19 Regulations page or OSHA’s COVID-19 page.

Maintaining and Posting Records
The records must be maintained at the worksite for at least five years. Each February through April, employers must post a summary of the injuries and illnesses recorded the previous year. Also, if requested, copies of the records must be provided to current and former employees, or their representatives.

Severe Injury Reporting
Employers must report any worker fatality within 8 hours and any amputation, loss of an eye, or hospitalization of a worker within 24 hours.

Recommended Articles
Safety (blog)

05/21/2024

Fall Prevention or Fall Protection?
Chapter News

05/14/2024

Biden’s Union-Only Approach Excludes 70% of Wisconsin’s Workforce
Wisconsin Contractor Blog

05/13/2024

Making mental health manageable