OSHA proposes to change record-keeping regulations as agency works on final healthcare rule



The Department of Labor’s Occupational Safety and Health Administration is proposing changes to its regulations on keeping records of occupational injuries and illnesses as it works to establish a final rule to protect assisted living facilities and other healthcare workers from occupational exposure to COVID-19.

OSHA said it would accept written comments on the proposed rule until April 22.

The proposed record-keeping regulations, announced last week, aim to better track workplace injuries and illnesses. Although employers have an obligation to report injuries and illnesses under current record-keeping regulations, Micah Dickie, attorney for Fisher Phillips’ Workplace Safety and Disaster Management Practice Group, said the The McKnight Business Daily that the proposal “would considerably increase the obligations of employers”.

The proposed rule:

  • Require establishments with 100 or more employees in certain high-risk industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year.
  • Update the classification system used to determine the list of industries covered by the electronic submission requirement.
  • Remove the current requirement for establishments with 250 or more employees that are not part of a designated industry to electronically submit their Form 300A information to OSHA each year.
  • Require facilities to include their company name when submitting electronic submissions to OSHA.

“Under OSHA’s proposed new record-keeping rule, all senior living and skilled nursing care operators with 20 or more employees will still be required to electronically submit their annual OSHA summary information. Form 300A to OSHA every year,” Dickie said.

Employers would submit the information annually, and the regulations will expand the requirements for what employers must submit.

This proposed rule will expose these employers to scrutiny by plaintiffs’ attorneys, unions and media, which could lead to an unfair misinterpretation of an employer’s safety and health policies,” Dickie added. If the record-keeping regulations go into effect as is, Littler reported, “OSHA would be able to more closely monitor workplace illnesses and injuries that might not normally be investigated by the HA.” OSHA because it is not reportable under OSHA’s current reporting criteria and therefore is not collected by OSHA Also, the public would have access to the information under the Freedom of Information Act .

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