OSHA Reopens Comment Period for Proposed Rule on Employer Reporting Requirements | Practical Law

OSHA Reopens Comment Period for Proposed Rule on Employer Reporting Requirements | Practical Law

The Occupational Safety and Health Administration (OSHA) extended the comment period to October 28, 2011 for a rule initially proposed on June 22, 2011 that would substantially change employer reporting obligations. The proposed rule would require employers to report work-related fatalities, in-patient hospitalizations and amputations within specific time periods, and revise OSHA's list of industries partially exempt from injury and illness recordkeeping requirements.

OSHA Reopens Comment Period for Proposed Rule on Employer Reporting Requirements

Practical Law Legal Update 7-508-5972 (Approx. 3 pages)

OSHA Reopens Comment Period for Proposed Rule on Employer Reporting Requirements

by PLC Labor & Employment
Published on 28 Sep 2011 • USA (National/Federal)
The Occupational Safety and Health Administration (OSHA) extended the comment period to October 28, 2011 for a rule initially proposed on June 22, 2011 that would substantially change employer reporting obligations. The proposed rule would require employers to report work-related fatalities, in-patient hospitalizations and amputations within specific time periods, and revise OSHA's list of industries partially exempt from injury and illness recordkeeping requirements.
On September 28, 2011, OSHA extended the comment period for rules it originally proposed on June 22, 2011 on occupational injury and illness recording and reporting requirements. The new rules would:
  • Require employers to report:
    • all work-related fatalities and work-related in-patient hospitalizations within eight hours; and
    • all work-related amputations within 24 hours.
  • Revise OSHA's list of industries that are partially exempt from injury and illness recordkeeping requirements in Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation.
The comment period for these proposed rules was initially set to expire on September 20, 2011. However, OSHA extended the comment period to October 28, 2011 after the National Automobile Dealers Association asked for more time to evaluate the statistics used for the proposed industry exemption analysis.
OSHA currently requires employers to report to OSHA all work-related fatalities and in-patient hospitalizations of at least three employees within eight hours. The proposed rule would require employers to report:
  • All work-related fatalities and work-related in-patient hospitalizations within eight hours.
  • All work-related amputations within 24 hours.
OSHA's current list of partially exempt industries uses Standard Industrial Classification (SIC) codes 52 through 89 to determine which industries are partially exempt. The list is based on injury and illness data compiled by the Bureau of Labor Statistics (BLS) for 1997, 1998 and 1999.
Under the proposed rule, the list would be revised:
These partially exempt industries would still need to keep records if BLS asked them to do so in connection with its Annual Survey or OSHA asked them to do so in connection with its Data Initiative.
For more information on employer recordkeeping and reporting requirements regulated by OSHA, see Practice Note, Health and Safety in the Workplace: Overview.