OSHA requires certain covered employers to keep a record of serious occupational injuries and illnesses. Businesses covered by this requirement must complete OSHA Form 300 to be in compliance with the law. Recent changes in the regulations governing the Form 300 log have caused a lot of confusion about what employers are exempt from the requirement, if electronic submission requirements apply or not, and what the latest record maintenance and posting requirements are.
Discipline, Drug & Alcohol Testing, and Incentives
In our recent post on Clearing Up OSHA’s Reporting and Retaliation Rule Updates, we examined OSHA’s strengthened standard (Standard Number 1904.35) for requiring reasonable reporting procedures for occupational injuries and illnesses and prohibiting retaliation against employees who report them. In addition to understanding the intent and interpretation of this standard, it’s important for employers to know what kinds of facts OSHA considers when determining whether a violation has occurred.
Two new, and soon-to-be-in-effect OSHA provisions focused on the recording and reporting of occupational injuries and illnesses, have caused confusion for a number of employers. Published as part of OSHA’s May 2016 final rule update, these two provisions 1) make explicit the longstanding requirement for employers to have a reasonable procedure for employees to report work-related injuries and illnesses, and 2) incorporate explicitly the existing prohibition on retaliating against employees for reporting work-related injuries or illnesses.