United States: OSHA Expansion: New Rule Adds More Injuries, Industries To Recordkeeping Requirements

Q: John runs a small company that had two workers injured recently. Following a fire at the factory, Teresa needed to be hospitalized overnight for smoke inhalation. A fellow employee, Nick, suffered more serious burns that resulted in the amputation of a finger.  He was in the hospital for several days. John knows that there are requirements for reporting work-related injuries, but isn't sure of the specifics. Is he required to report any of the above injuries?

A: The answer to John's question today is "no." However, come January 1st, 2015, that answer changes, and John would only have 24 hours to fulfill all of his reporting obligations to the federal government.

In states such as New Hampshire that do not have federally-approved "state plans" for workplace safety and health, employers are subject to the regulations of the Department of Labor's Occupational Safety and Health Administration (OSHA). This includes a recordkeeping rule, requiring that certain employers maintain records and, in some cases, report serious occupational injuries and illnesses. Under the current rule, employers are only required to report the in-patient hospitalization of three or more workers, or a work-related fatality. That incidents of this magnitude should be reported is likely obvious to many employers. However, it may come as a surprise that the work-related incidents need to be that severe before the reporting requirements kick in. While other injuries must be recorded in the mandatory register known as the OSHA 300 Log of work-related injuries and illnesses, employers are not obligated to report to OSHA when fewer than three employees are involved and no deaths occur. Or, not yet, anyway.

On September 11, 2014, OSHA announced changes to the reporting requirements for severe injuries, expanding both the type of injury that must be reported, and the employers who are required to report it.  Starting on January 1, 2015, employers will be required to report any of the following to OSHA:

  • all work-related fatalities;
  • all work-related inpatient hospitalizations of one or more employees;
  • all work-related amputations; and
  • all work-related losses of an eye.

Reporting of these injuries must be done quickly. Employers are required to verbally report any work-related fatalities within 8 hours of finding out about them.  For an inpatient hospitalization, amputation, or eye loss, employers must report the incident within 24 hours of learning about it. While an employer only needs to report an inpatient hospitalization, amputation, or loss of an eye that occurs within 24 hours of the work-related incident, any death of a worker must be reported if it occurs within 30 days of the incident.

These reporting deadlines do not provide an unprepared employer with much time to figure out its obligations under the recordkeeping rules.  In John's case, he would only have 24 hours to report the injuries of both Nick (amputation) and Teresa (inpatient hospitalization) to OSHA. Assuming John knew about these obligations, how would he go about reporting this incident to OSHA?

Employers are provided with three options for reporting an event:

  • Call the closest OSHA Area Office during normal business hours.
  • Call the 24-hour OSHA hotline at 1-800-321-OSHA (6742).
  • Report the event electronically www.osha.gov (this option is still in development, and may not yet be available).

When reporting to OSHA, the employer, at the very least, needs to know the bare facts of the incident. This includes the location, time, and type of reportable event, as well as the number and names of employees who suffered an injury.

With a policy in place, John should be able to comply with reporting requirements when OSHA's updated recordkeeping rule goes into effect in 2015. Aside from reporting, will there be any other changes to John's OSHA obligations in the new year?  The answer depends on the size and industry of John's business.

While all employers are required to report serious work-related injuries, certain employers are excused from recording less-severe work-related injuries and illnesses. Under OSHA's recordkeeping regulations, many employers must prepare and maintain records of occupational injuries and illnesses using the OSHA 300 Log. The new rule updates the type of employers that are exempt from this routine recordkeeping.

There are two classes of employers that are currently exempt from OSHA's recordkeeping requirements. First, an employer with ten or fewer employees at all times during the previous year is exempt from routinely keeping injury and illness records. The updated rule maintains this exemption. Second, employers in certain low-hazard industries are also exempt from recordkeeping requirements (e.g. finance, insurance, and real estate). Starting January 1, 2015, there will be a new list of industries exempt from keeping OSHA records. However, with this new list comes the addition of 25 new industries which had previously been exempt but will now be required to maintain records. These include some industries that may not seem particularly dangerous (e.g. museums, community housing, and the ever-perilous tortilla manufacturing).

John will need to determine whether his business falls into one of the two exemption classes. This can be done by logging onto to www.osha.gov and following the detailed instructions, or by contacting the local OSHA office. Even if John's business was previously exempt as low-hazard, the OSHA expansion has added so many new industries that he will want to confirm the exemption still applies. And, if it doesn't, there is work to be done. January 1st is right around the corner, and meeting OSHA's injury and illness recordkeeping requirements means new forms, policies, and procedures that take time to implement.

OSHA believes workplace injuries like those described above are preventable, and seeks to hold employers accountable for preventing them.  It took prompt reporting and incident recording quite seriously prior to the new rule; this expansion likely indicates that the scrutiny by OSHA will only increase. Employers should make sure they know what is required of them before January 1, 2015, and have policies in place that reflect the new recordkeeping regulations.

Kenton Villano is an Associate in the Litigation Practice Group.

Published in New Hampshire Business Review

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions