You are on page 1of 10

6/7/2018 OSHA: New recordkeeping rule will make injury data public; is a ‘nudge’ to employers | 2016-05-11 | Safety+Health

Magazine

Home (/)
» OSHA: New recordkeeping rule will make injury data public; is a ‘nudge’ to employers
Federal agencies (/topics/751-federal-agencies)
Recordkeeping (/topics/782-recordkeeping)

OSHA: New recordkeeping rule will make
injury data public; is a ‘nudge’ to employers
May 11, 2016

11 Comments (http://www.safetyandhealthmagazine.com/articles/14059-osha-new-recordkeeping-
rule-will-make-injury-data-public-is-a-nudge-to-employers#comments-container)
(/articles/print/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-
employers)
Reprints (-1)

Illness reporting (/keywords/1367-illness-reporting)
Injury and illness rates (/keywords/493-injury-and-illness-rates)
Injury data (/keywords/198-injury-data)
Injury reporting (/keywords/312-injury-reporting)
OSHA final rules (/keywords/253-osha-final-rules)
Recordkeeping (/keywords/1780-recordkeeping)
Recordkeeping and reporting requirements (/keywords/476-recordkeeping-and-reporting-
requirements)

Photo: OSHA.gov
http://www.safetyandhealthmagazine.com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 1/10

more attention to safety will save the lives and limbs of many workers and will ultimately help the employer’s bottom line as well.gov/recordkeeping/NAICScodesforelectronicsubmission. OSHA Form 300A (https://www. It also clarifies that injury and illness data must be submitted annually.gov) final rule states that establishments with at least 250 workers must electronically submit to OSHA – on an annual basis – information from their OSHA Forms 300.safetyandhealthmagazine.pdf) will be required to submit information from their annual summary form. The information will then be made available on OSHA’s website in a searchable database that the agency claims will be the “largest publicly available data set on work injuries and illnesses. identify new workplace http://www.html) . not quarterly as stated in the proposed rule.” The Improve Tracking of Workplace Injuries and Illnesses (https://www. is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine UPDATE: This story has been updated to include comments from the May 11 OSHA press conference announcing the new rule.com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 2/10 .federalregister. 300A and 301.osha. “We expect a simple change to improve safety for workers across the country for many reasons.6/7/2018 OSHA: New recordkeeping rule will make injury data public.osha. Washington – OSHA has issued a final rule that will require employers to electronically submit worker injury and illness data. As we’ve seen in many examples.” OSHA administrator David Michaels said during a May 11 press conference. Establishments with 20 to 249 employees in certain high-hazard industries (https://www. which then – in a controversial move – will be made public.gov/recordkeeping/RKforms. enabling researchers to better study injury causation. “Behavioral economics tells us that making injury information publicly available will nudge employers to focus on safety.gov/articles/2016/05/20/2016-11817/improve-tracking- of-workplace-injuries-and-illnesses-correction? utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalreg ister.

000 establishments – including 34.” Michaels said. OSHA “absolutely” has enough staff to remove private information from the data. safety hazards before they become widespread and evaluate the effectiveness of injury and 6/7/2018 OSHA: New recordkeeping rule will make injury data public. and question if the agency has the resources and the ability to “scrub” information to ensure the privacy of injured workers. is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine illness prevention activities.” Michaels said. and that retaliation against workers for reporting an injury or illness is not permitted. Some stakeholders have raised concerns (http://www.” http://www. and states that employers must have an appropriate reporting procedure that does not deter workers from reporting.” The rule also may encourage employers to compare themselves to their peers and challenge themselves to have safer records. “We think employers want to be seen as top performers. OSHA could issue a citation and require abatement.safetyandhealthmagazine. So we expect the cost to be quite low.” The final rule will cover about 476.com/articles/11435-more-data- more-problems ) about whether making injury and illness data public will contribute to underreporting.” he added. Despite budget constraints. The rule also emphasizes workers’ rights to report injuries without fear of retaliation. but we will set up a system that will make it very easy for small employers to do that. “We certainly want to get the word out that programs and policies that discourage workers from reporting injuries or illnesses are not going to be permitted. and they will work to get there. OSHA says the rule will allow the agency to receive more accurate and timelier data. “Large employers already have all this electronically. and that all personal information will be removed before reports are made public.safetyandhealthmagazine.000 larger employers – and will cost about $15 million total per year. “The additional burden is simply sending us the information. Michaels said. “Both of those would be violations of the standard. Michaels said. Michaels said.com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 3/10 .

com/ http://www.” Other groups are embracing the rule. Requirements will be phased in over two years. this will only create a new filing requirement that will lead to sensitive employer data being published without context or explanation. making it impossible to know which employers have bad or good injury records. Related Articles OSHA proposes Dec. Additionally. “The agency’s excessive reporting requirements will lead to employers being falsely branded as unsafe and will not reflect a company’s commitment to maintaining a safe workplace. “Instead of improving 6/7/2018 OSHA: New recordkeeping rule will make injury data public.” “The more we know.” Richard Trumka. with the first set of data due to OSHA by July 1.S. The U. The rule is scheduled to go into effect Jan. “The new OSHA injury reporting rules will bring workplace injury and illness reporting into the 21st century and provide important new protections to workers who report injuries. OSHA’s obsession with shaming employers has not led to better results in workplace safety and this regulation will not change that trend. said in a statement. Chamber of Commerce claims the rule is misguided. is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine workplace safety. the more we can do to prevent injuries and illnesses from happening in the first place. immigration. senior vice president for labor. said in a statement. “Until now. most workplace injury records have only been available at the workplace.” The National Council for Occupational Safety and Health called the rule “an important step towards transparency.safetyandhealthmagazine. and employee benefits for COC.com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 4/10 . president of the AFL-CIO. 2017.safetyandhealthmagazine. 1 deadline for reporting injury. with effective safety programs centered on worker participation.” Randy Johnson. 1. 2017. illness data (http://www.” National COSH Acting Executive Director Jessica Martinez said in a statement.

com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 5/10 . is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine deadline-for-reporting-injury-illness-data) Recordkeeping rule’s anti-retaliation provisions in the spotlight (http://www.safetyandhealthmagazine.safetyandhealthmagazine. articles/15875-osha-proposes-dec-1- 6/7/2018 OSHA: New recordkeeping rule will make injury data public.com/ articles/14510-recordkeeping-rules-anti- retaliation-provisions-in-the-spotlight) OSHA announces second delay for enforcement of recordkeeping rule’s anti- retaliation provisions (http://www.safetyandhealthmagazine. 1.com/ articles/15957-employers-can- electronically-submit-injury-data-beginning- aug-1-osha-says) http://www.safetyandhealthmagazine.com/ articles/14860-osha-announces-second- delay-for-enforcement-of-anti-retaliation- provisions-in-recordkeeping-rule) Employers can electronically submit injury data beginning Aug. OSHA says (http://www.

safetyandhealthmagazine. merely skip the “name” field in the comment box. (Anonymous comments are welcome. is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine against OSHA recordkeeping rule (http://www. Comments that contain personal attacks. Please stay on topic. An email address is required but will not be included with your comment.com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 6/10 .le-motion-to- intervene-in-lawsuit-against-osha- recordkeeping-rule) Post a comment to this article Safety+Health welcomes comments that promote respectful dialogue.) Name Name Email (will not be displayed) * Email Title Title Comment * Please Enter Your Comment Submit http://www. profanity or abusive language – or those aggressively promoting products or services – will be removed.com/ articles/15494-groups. Groups le motion to intervene in lawsuit 6/7/2018 OSHA: New recordkeeping rule will make injury data public.safetyandhealthmagazine. We reserve the right to determine which comments violate our comment policy.

Post Comment http://www." Huge difference for employers with multiple locations.. 2016 Error in the third paragraph of this article.. Post Comment Report Abusive Comment Title Karin May 13..." that was the proposal but the final rule specifies only ANNUAL submission of data.. 2016 Companies that are honest with reporting will now have more reason to be dishonest like so many currently are. is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine CANCEL Title Peter Zavon May 13. Thank you for your sharp eye.safetyandhealthmagazine.6/7/2018 OSHA: New recordkeeping rule will make injury data public.250" but the final rule says "establishments..com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 7/10 . It says "employers with at least 250 workers must electronically submit to OSHA – on a quarterly basis – information from their OSHA Forms 300. Post Comment Report Abusive Comment Title Safety+Health magazine May 13. 2016 Another possible error: your article says "employers. 2016 Peter Zavon: The article has been corrected. Post Comment Report Abusive Comment Title John May 13. 300A and 301.. There will be less transparency..

The error has been corrected. Apologies and thanks. it will be painfully obvious. 2016 This is a great opportunity for safety professionals. ARM. is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine Report Abusive Comment Title Safety+Health magazine May 13. 2016 Karin: It is. the benchmarking data will provide the necessary incentive to leadership to support improvement efforts. 2016 My main concern is employee privacy and violations of the HIPPA federal privacy laws. For those organizations mired in mediocrity.com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 8/10 . nobody wants to be last.safetyandhealthmagazine. Public accountability is very motivating. Post Comment Report Abusive Comment Title Michael Davis CSP. Too bad DOT caved in on the CSA scores and they are no longer public.6/7/2018 OSHA: New recordkeeping rule will make injury data public. Post Comment Report Abusive Comment Title Zak Alexander July 15. October 21. I've not had much confidence in the government agencies as of late and I really feel our employees could be at risk for something slipping through the cracks and names being published or something and then that opens a whole different can of worms when you violate the HIPPA laws. Post Comment Report Abusive Comment Title http://www. For those striving to improve. risk managers and competitive organizations to be able to differentiate their companies safety performance from competitors.

html Post Comment Report Abusive Comment Title Juan Long January 26. http://www. to enforce companies to get on the ball.gov/recordkeeping/finalrule/index. We spend $$$$ on safety. Please see the “updated” section of this: https://www.safetyandhealthmagazine.com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 9/10 . Thanks. 2017 Cecilia: OSHA has postponed collection of the data. training. 2018 Definitely Yes. does anyone have the link to the site where the injury information will be reported? Post Comment Report Abusive Comment Title Safety+Health magazine June 7. equipment. Post Comment Report Abusive Comment Title Cecilia Perez June 7. I feel the reason is because the employers ate help responsible and the employees are guaranteed a pay check. But when employees are out in the field they take shortcuts. is a must. I'm sure there are still plenty of companies who are not nudged enough to focus on safety. but a report card to display to the public. JSA's. Making injury information publicly available. It is. is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine Ray May 19. and focus everything on safety.6/7/2018 OSHA: New recordkeeping rule will make injury data public. 2017 I may just have missed it. 2017 The only thing that will prevent injuries is for the employee to take responsibility for their actions.osha. OSHA need to take a step back and look at what efforts the employers are making and if the employee broke policies and training they are liable. toolbox talks and incentives.

opacity: 0.com/articles/14059-osha-new-recordkeeping-rule-will-make-injury-data-public-is-a-nudge-to-employers 10/10 .split (/\#id=/)[1]). $("#comment_flag_form"). closeOnClick: true }).6 }. is a ‘nudge’ to employers | 2016-05-11 | Safety+Health Magazine Post Comment Report Abusive Comment function initReportAbusiveCommentForm () { $("#report-abusive-comment-form").stopPropagation().safetyandhealthmagazine. "click".delegate (". } } ). loadSpeed: 200. expose: { color: '#000'. "/comments/flag/article/" + e. } $(document). http://www.load().customInitReportAbusiveCommentForm (). function(e) { e.ready( function () { if (window. $("#report-abusive-comment-form"). }). e.modalInput".preventDefault().overlay().attr ("action".target.overlay({ top: 'center'.customInitReportAbusiveCommentForm) { window.href.6/7/2018 OSHA: New recordkeeping rule will make injury data public. $("#comment- list"). } else { initReportAbusiveCommentForm ().