Smart Benefits: Upcoming OSHA Rule Changes

Rob Calise,GoLocalProv Business/Health Expert

Smart Benefits: Upcoming OSHA Rule Changes

OSHA has issued a new final rule revising its Recording and Reporting Occupational Injuries and Illnesses regulation. 

The rule will require certain employers to electronically submit injury and illness data and prohibit employers from discouraging employees from making injury and illness reports.

 

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•    Electronic Reporting Provisions
Beginning in 2017, certain employers will be required to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms.

Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

Establishments with 20-249 employees in certain high-risk industries must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.
•    Anti-Retaliation Provisions
The anti-retaliation provisions were supposed to become effective August 10, 2016. However, OSHA recently announced that enforcement of the anti-retaliation provisions would be delayed until November 1, 2016.

Under the new anti-retaliation rules, employers must:

¬    Inform employees of their right to report work-related injuries and illnesses without retaliation
¬    Have a procedure for reporting work-related injuries and illnesses that is reasonable and does not deter or discourage employees from reporting
¬    Provide access to employees and their representatives to injury and illness records
¬    Refrain from retaliating against employees for reporting

OSHA is broadly interpreting what might “deter or discourage” reporting. Of particular note, programs that incentivize keeping the accident or injury rate low are effectively prohibited by these new rules. Additionally, automatic post-injury drug testing will be under more scrutiny and will likely be prohibited unless it is done pursuant to state or federal law or regulation.

Rob Calise is the Managing Director, Employee Benefits. of Cornerstone|Gencorp, where he helps clients control the costs of employee benefits by focusing on consumer driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance.

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