On July 17, 2023, the U.S. Department of Labor unveiled a new rule that updates workplace safety regulations affecting employers in high-hazard industries. The new rule, which takes effect on January 1, 2024, will require electronic submission of injury and illness information from certain employers to the Occupational Safety and Health Administration (OSHA).
New Requirements
The new rule amends OSHA’s existing occupational injury and illness recordkeeping regulation, and requires employers who operate in certain high-hazard industries and employ 100 or more individuals to electronically submit their injury and illness data to OSHA. These employers are already obligated to maintain such information according to current workplace safety regulations (29 CFR Part 1904.41). Employers covered by existing electronic submission requirements are currently required to electronically submit information on Form 300A. With the new rule, the affected employers will also be required to electronically submit information from their Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report once a year. Employers are required to include their legal company name when making the required electronic submissions to OSHA.
Defining “High-Hazard Industries”
In connection with the new electronic reporting requirements, OSHA is updating the NAICS codes used in appendix A of the existing recordkeeping regulation, which designates the industries required to submit their Form 300A data, and is adding appendix B, which designates the industries that are newly required to submit Form 300 and Form 301 data. The new appendix B to subpart E of Part 1904 identifies specific industries as “high-hazard industries” based on three measures of industry hazardousness. Industries such as construction, agriculture, food production, and oil and gas are among those listed.
Public Disclosure of Data
OSHA’s future plans include the publication of select data from employers’ annual electronic submissions on a publicly accessible website. Before publishing the data, the agency will identify and remove any information that could reasonably be expected to identify individuals directly, such as individuals’ names and contact information. By making this data publicly available, OSHA aims to provide the public with an understanding of the safety and health problems workers face across the affected industries.
The Department of Labor’s new rule indicates its commitment to enhancing workplace safety in high-hazard industries. Employers in designated high-hazard industries should familiarize themselves with the new requirements and ensure compliance by the January 1, 2024 deadline.
The unpublished final rule is available to view on the Federal Register. Contact your Critchfield attorney with any questions.
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