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OSHA's New Recordkeeping and Anti-Retaliation Requirements

On May 11th, the Occupational Safety and Health Administration ("OSHA") issued a final rule requiring employers to: (1) submit certain OSHA-recordable information electronically; and (2) inform employees of anti-retaliation protections.

Under the electronic recordkeeping requirements of the rule, the following employers must submit certain OSHA-recordable information electronically on an annual basis:
    Employers with 250 or more employees; and
•    Employers with between 20 and 249 employees in certain high-risk industries, such as construction and manufacturing.
OSHA has not released details yet on how to submit these electronic records.  However, the records will eventually be published on OSHA's website.  These annual electronic reporting requirements go into effect on January 1, 2017.

As for the anti-retaliation provisions of the new rule, all employers, regardless of size, must now affirmatively inform employees that they have a right to report work-related injuries and illnesses and a right to be free from retaliation.  Additionally, employers must ensure that their procedures for reporting work-related injuries and illnesses are reasonable and do not deter or discourage employees from reporting.  Employers must comply by these anti-retaliation requirements by August 10, 2016.

If you have a question about these electronic recordkeeping and anti-retaliation requirements, contact a member of MacDonald Illig's Labor and Employment Practice Group.