A Must-Read for Employers: Navigating OSHA’s Evolving Record Keeping Rule

Ensuring compliance with OSHA’s injury and illness recordkeeping and reporting rule has always been a challenge, but the recent changes introduced in July 2023 demand heightened attention. This blog post sheds light on the critical reasons why employers should consult with Streamlined Business Insurance now to understand, navigate, and ensure compliance with the new regulations effective January 1, 2024.

1. Expanded Coverage and Reporting Requirements: More Than Meets the Eye The changes in the rule have significantly expanded the number of affected establishments and reporting requirements. Employers in certain industries with 100 or more employees must now electronically submit detailed information, going beyond the previous requirement for just the OSHA 300A Summary. With a lower threshold of 100 employees and an expanded list of covered industries, thousands more establishments are affected. It’s crucial for employers to review how injuries are recorded, as this detailed information will be publicly available, impacting the company’s public image.
   
2. NAICS Code: Navigating Complexity Employers must pay careful attention to the NAICS codes, as they not only dictate the forms to be submitted but also influence whether an establishment is deemed high-risk. Misclassification could lead to inspections and potential repercussions.
   
3. OSHA’s Enhanced Data Access: A Double-Edged Sword OSHA’s expanded access to injury and illness data is a potent enforcement tool. The increased data enables OSHA to target employers more effectively in programmed inspections, National Emphasis Programs (NEP), and other initiatives. While the rule protects employee and healthcare provider names, it demands identifying information, potentially leading to specific employee targeting during inspections. Employers must be vigilant to protect both worker privacy and their own compliance standing.
   
4. Public Exposure: Balancing Transparency and Reputation One of the most contentious aspects of the new rule is the public exposure of injury and illness data on OSHA’s website. Raw data, lacking context, can paint an inaccurate picture of an employer’s safety practices, risking reputational damage. Once published, revisions become challenging, and various stakeholders, from media to competitors, have easy access. Employers should proactively remove unnecessary personal information before submission to mitigate potential privacy concerns.

The effective date of the new rule is January 1, 2024. Employers are urged to take proactive steps now.

Which workplaces need to prepare and submit electronic injury and illness data?

OSHA established its applicability based on establishment size, not company size, and that applicability is based on both the employee threshold and the primary NAICS code. So, for example, if an establishment had 100+ employees at any one time during 2023 and has a primary NAICS code listed in the new Appendix B to Subpart E, the employer for that establishment would then need to electronically submit data from their 2023 Forms 300, 300A and 301 to OSHA via the ITA by March 2, 2024. The deadline for electronic submission is March 2, 2024.

Here’s more detail about how requirements in OSHA’s 2023 electronic reporting final rule break down for each of the four categories of establishments.

Establishments with < 20 employees
If you have fewer than 20 employees at your establishment at any one time, you don’t need to do electronic injury and illness reporting, whether under current requirements or revised requirements. Just document your employee headcount, making sure it includes all eligible employees.

Certain establishments with 20-249 employees

Establishments with 20–249 employees in certain designated industries (listed in appendix A to subpart E) will continue to be required to electronically submit information from their Form 300A annual summary to OSHA once a year (final § 1904.41(a)(1)(i)).

Establishments with 100+ employees listed in the new Appendix B

Establishments with 100+ employees in certain designated industries (listed in new appendix B to subpart E) will be newly required to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year (final § 1904.41(a)(2)). The industries listed in new appendix B were chosen based on three measures of industry hazardousness.

Establishments with 250+ employees subject to Recordkeeping Standard

Establishments with 250+ employees in industries that are required to routinely keep OSHA injury and illness records will continue to be required to electronically submit information from the Form 300A to OSHA once a year.

How Streamlined Business Insurance Can Assist You: Navigating OSHA’s New Recordkeeping Rule

At Streamlined Business Insurance, we understand the challenges your business faces with the recent changes to OSHA’s recordkeeping rule. Our commitment to supporting our clients goes beyond just providing insurance coverage. Here’s how our agency can assist you in ensuring compliance and navigating the complexities of the new regulations:

1. Expert Guidance and Consultation: Our experienced advisors are well-versed in OSHA compliance and can provide personalized consultations to help you understand the nuances of the new recordkeeping rule. We’ll work closely with you to assess your specific situation, identify potential areas of concern, and provide tailored solutions.
   
2. OSHA Inspection Checklist: We’ll provide an OSHA inspection checklist to help prepare for OSHA requirements and reduce on-the-job hazards and prevent injuries, illnesses, and deaths in the workplace. When an inspector finds violations of OSHA standards or serious hazards, OSHA may issue citations and fines.
   
3. Policy Review and Customization: We’ll review your existing insurance policies to ensure they align with the evolving regulatory landscape. Our goal is to customize your coverage to address the specific risks associated with the expanded reporting requirements, helping you stay protected in the face of increased OSHA scrutiny.
   
4. Risk Mitigation Strategies: Our agency can assist you in implementing effective risk mitigation strategies to minimize the likelihood of workplace incidents. From safety programs to return-to-work programs, we’ll work collaboratively to enhance your overall risk management strategy.
   
5. Data Privacy Consultation: Given the increased focus on data privacy, we can guide you on best practices for handling and submitting sensitive information. Our experts can help you establish protocols to protect both employee privacy and the integrity of your data in compliance with the new OSHA rules.
   
6. Responsive Support in the Event of an Incident: In the unfortunate event of a workplace incident, our agency is here to provide prompt and supportive claims assistance. We’ll help you navigate the claims process, ensuring a smooth and efficient resolution while mitigating any potential impact on your insurance coverage.

By choosing Streamlined Business Insurance, you’re not just getting coverage; you’re gaining a proactive partner dedicated to your business’s success and compliance.

If this is this type of relationship you would like with your insurance professional then we would love to do business with you! 

Contact us today to schedule a consultation and take the necessary steps to navigate OSHA’s new recordkeeping rule with confidence. We’re here to help you every step of the way.

If this is the type of relationship you would like with your insurance professional then we would love to do business with you! 

Call or Text 844-2GET-INS (844-243-8467)