OSHA Expands Reporting and Recordkeeping Requirements

Effective January 1, 2015, the revised Occupational Safety & Health Administration recordkeeping and reporting rules will go into effect, expanding injury reporting requirements and imposing recordkeeping requirements on previously exempt industries.

Under the new rule, employers will be required to report to OSHA additional severe work-related injuries. Effective January 1^st, employers must report all work-related in-patient hospitalizations, amputations or losses of an eye within 24 hours after the employer learns about the incident. These expanded requirements are in addition to the current requirement that all work-related fatalities be reported to OSHA within 8 hours. Employers can report such events in one of three ways:

1. Calling the closest OSHA Area Office during normal business hours;
2. Calling OSHA’s 24-hour hotline; or
3. Utilizing OSHA’s new online reporting form, which OSHA expects to make available in the near future.

The new rule also updates and reduces the list of industries that are exempt from maintaining OSHA injury and illness records. Now based on the North American Industry Classification System (NAICS), the updated list imposes recordkeeping obligations on industries that currently are exempt from such obligations, including automotive dealers, direct selling establishments, lessors of real estate, and companies engaged in the rental or leasing of commercial and industrial machinery, among others. An updated list of industries that will be exempt as of January 1^st can be found here. Note that employers with ten or fewer employees will continue to be exempt, regardless of their industry classification.  

Employers should verify their exemption status under OSHA’s updated recordkeeping classifications and are advised to review their applicable recordkeeping and reporting policies to ensure compliance with OSHA’s expanded requirements.

Additional information regarding OSHA’s injury and illness recordkeeping and reporting requirements can be found here. Our OSHA lawyers can also provide further assistance upon request. For questions about this alert or other OSHA issues, please contact the chair of our OSHA practice, Steve Parascandola.