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OSHA Electronic Injury Reporting Rulemaking


On March 30, 2022, OSHA issued proposed amendments to the Improve Tracking of Workplace Injuries and Illnesses rule (or Electronic Injury Reporting), which would require covered establishments with 100 or more employees in certain high-hazard industries—including construction—to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA annually. In addition, DOL plans to share the information on a public website (although indicating it will remove individuals’ names and contact information).

On June 30, ABC submitted comments to OSHA and urged the agency to withdraw the proposed rule. 

This rule was first issued under the Obama administration, and ABC filed a lawsuit against it. In 2019, the Trump-era DOL issued a new final rule, which eliminated the Obama-era requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301 to OSHA annually. Currently, covered establishments are only required to electronically submit information from OSHA Form 300A to OSHA.

On April 7, 2023, the DOL sent its final rule on Improve Tracking of Workplace Injuries and Illnesses to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The review at the OIRA is usually the final step in the process before a rule is officially published in the Federal Register.

Desired Outcome

ABC urged OSHA to withdraw the proposed rule. ABC has serious concerns that the Biden DOL proposal will increase the number of contractors subject to electronic safety data submission requirements and carry high risks for exposing sensitive and private employee information as well as confidential business information by posting parts of the submissions on a public website. Public disclosure of this information could cause reputational harm based on misleading information on the safety and health efforts of employers. These records could easily be misconstrued, and improper conclusions or assumptions could be made about an employer.

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