OSHA Defense

OSHA’s Final Rule Regarding Recordkeeping featured image

OSHA’s Final Rule Regarding Recordkeeping

The Occupational Safety and Health Administration (OSHA) requires that employers maintain records of injuries and incidents. Previously, it was required that employers submit an assortment of forms yearly, in order for OSHA to collect data on injuries and flag potentially dangerous workplaces. However, there have been recent changes to these rules that take some of the pressure off of employers. Here, Texas OSHA attorneys will describe why these changes were implemented and what that means for employers.

The Final Rule

OSHA has recently revised its ruling that workplaces of more than 250 workers must electronically file OSHA Forms 300 and 301. These forms are logs of work-related injuries, illnesses, and incidents. However, this change does not free employers from the responsibility of tracking and maintaining a safe work environment.

What Brought About this Revision?

This “Final Rule” was put in place because there was a concern that the private data organizations were collecting could be released publicly. There was also the concern that drug testing and incentive programs could take a hit from the required data submissions. Although OSHA emphasized the security of data and denied that drug testing and incentive programs would be affected, these were concerns that played into the passing of the Final Rule.

What Does This Mean for Employers?

Organizations with over 250 workers will still need to maintain records of injury and illness for OSHA. In the event of an OSHA inspection, you must be able to provide these records. These organizations will still need to electronically submit Form 300A yearly. These forms may be submitted through OSHA’s Injury Tracking Application. If you are required to submit electronically, you must now also submit your Employer Identification Number (EIN). The compliance date for required EIN’s is March 2, 2020. This is to enhance data use and ensure that there are no duplicate employers reported.

These new regulations don’t change the necessity of being prepared in the event of an OSHA inspection. We encourage you to contact a Texas OSHA defense attorney to ensure that you are compliant with any and all OSHA regulations.

If you would like to speak with one of our Texas OSHA attorneys, please contact us today.


Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.