OSHA Proposes Rule to Improve Injury Tracking

On the heels of the Bureau of Labor Statistics report that estimated 3 million workers were injured on the job in 2012, OSHA has issued a proposed rule designed to boost workplace safety and health through better tracking of workplace injuries and illnesses.

In a Nov. 7 teleconference, OSHA proposed to amend current recordkeeping regulations to add requirements for the electronic submission of injury and illness information that employers must already keep under existing standards. The first proposed requirement would oblige about 38,000 private companies with more than 250 employees to submit records electronically to OSHA on a quarterly basis.

Developed after a series of stakeholder meetings to help OSHA gather information about electronic submission of establishment-specific injury and illness data, the proposed rule “does not add requirements” for employers with respect to keeping safety records, said David Michaels, assistant secretary of labor for occupational safety and health, during the teleconference. Rather, he says, “it only modifies employers’ obligations to send records to OSHA.”

Michaels says the rule’s purpose is to provide employers, employees, the government and researchers with better access to data that will encourage earlier abatement of workplace hazards and ultimately prevent injuries, illnesses and fatalities.

Some companies and industry groups, however, are critical of the proposal, saying details about workplace incidents can be “misleading and misused,” according to a recent Wall Street Journal article (subscription required).

“It’s like reading just the plaintiff’s side of a case,” said Brett McMahon, president of Miller & Long DC Inc., telling the paper he previously submitted workplace safety records to the BLS, which were “wrapped into broader industry data without identifying the company.”

Others voiced concern that the new proposal may unintentionally put pressure on companies to under-report injuries.

“What OSHA is hoping to accomplish is that by getting it more visible, companies will do the right thing and work to reduce the numbers. That’s a good, long-term goal,” Barbara Dawson, an industrial hygienist at DuPont Co. and president of the American Industrial Hygiene Association, told the Journal. “But I think there’s going to be some short-term concern about the tendency to want to under-report so that the records look better.”

The public will have through Feb. 6, 2014, to submit written comments on the proposed rule. OSHA will hold a public meeting on the proposed rule in Washington, D.C., on Jan. 9, 2014.

Additional information on the proposed rule can be found here.

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