The following information is provided by Conn Maciel Carey LLP.
OSHA has been quite busy the last few months on the rulemaking front, and it doesn’t seem to be slowing down. Last week, on March 30th, OSHA published a new proposed rule to amend and dramatically expand the requirements of its Improve Tracking of Workplace Injuries and Illnesses Rule (i.e., the E-Recordkeeping Rule).
OSHA's E-Recordkeeping Rule has had a long and tortured history. In 2016, President Obama’s OSHA enacted the E-Recordkeeping Rule, requiring hundreds of thousands of workplaces to proactively submit injury and illness data to OSHA. Then, in 2019, the Trump Administration rolled back some of the more onerous requirements in an amended E-Recordkeeping Rule that removed the requirement for very large establishments to electronically submit detailed injury information from OSHA Forms 300 and 301. Fast forward to 2022 and the return of a Democratic Administration, and we are seeing Biden’s OSHA push to undo the Trump Administration’s rollbacks. However, the new administration does not seem content to just rollback what Trump’s OSHA changed, but is set on over-compensating – sweeping in thousands more workplaces and collecting more detailed and invasive injury data.
Read our full article here for more information about the history of E-Recordkeeping, the new proposed amendments to the E-Recordkeeping Rule, the implications of the proposed changes, and Conn Maciel Carey’s plans to coordinate with employers and trade groups to advocate for reasonable E-Recordkeeping requirements.