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OSHA Making Reports Public

The Occupational Safety and Health Administration want employers to file their mandatory injury and illness reports electronically, which will be made public on the Internet – and easily sifted through by tort lawyers and union organizers. A similar proposal…

The Occupational Safety and Health Administration want employers to file their mandatory injury and illness reports electronically, which will be made public on the Internet – and easily sifted through by tort lawyers and union organizers.

A similar proposal during the Obama era ended when Trump became President. OSHA’s justification for the change reveals its motive.

It said the expanded public access will allow employers, employees, employee representatives (i.e., unions), and the general public to be better informed, ultimately resulting in the reduction of occupational injuries and illnesses.

“OSHA’s intent to make the data available in a searchable online database presents a significant transformation in how the general public, competitors and employees can access the data,” says Andrew C. Brought, an attorney with the law firm of Spencer Fane.

The proposed rule would require establishments with 100 or more employees in high-hazard industries to electronically submit their OSHA Forms 300, 301 and 300A to the agency once a year. Employers must include their company name with these electronic submissions.

Also, the agency will update the classification system used to determine the list of industries covered by the electronic submission requirement.

It says it will remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually because they already keep these records.

Employers with 20 or more employees in designated high-hazard industries would still be required to electronically submit information from their OSHA Form 300A annual summary to OSHA.

Originally published May 1, 2022 · updated March 21, 2023.

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