RISK INSIGHT: OSHA Issues Final Worker Privacy Rules

Property & Casualty, Risk

On January, 24, 2019, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a final rule that eliminates certain administrative filings to the department each year. The new rules eliminate the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301 annually. However these establishments are still required to electronically submit information from OSHA Form 300A each year.

Key points for employers:

  • The final rule does not change an employer’s duty to maintain OSHA forms 300 and 301 onsite as OSHA will continue to obtain these forms as needed through actions such as inspections or enforcement.
  • Through prevention of routine government collection of sensitive, potential private health information and descriptions of workers’ bodily injuries, OSHA is avoiding potential disclosure of such personal information being disclosed under the Freedom of Information Act (FOIA).
  • Employers who employ between 20 and 249 employees must submit data from work-related injury and illness records via their OSHA 300A Forms if they are part of an identified high risk industry.
  • The final rule requires that covered employers must submit their Employer Identification Number (EIN) with their OSHA Form 300A. This will be done in an effort to ensure that submitted data is more useful and is intended to reduce duplicative reporting issues for employers.
  • OSHA believes this final rule will allow them to improve enforcement targeting and compliance assistance, while protecting worker privacy and safety, and decreasing administrative burden on employers.

Key dates for employers:

  • Effective date: The final rule becomes effective on February 25, 2019.
  • Compliance date: Affected employers must submit required electronically data by March 2, 2019.

How M3 can help

While an insurance partner cannot complete the recordkeeping requirements for your organization, we can:

  • help you to understand the new rule,
  • advise you as you determine which portions of the new requirements apply to your organization, and
  • provide training for your organization.

Our risk management staff can assist you with your OSHA recordkeeping and risk management compliance efforts. We encourage you to contact your M3 Account Executive to discuss if you have questions about this change.


Source: United States Department of Labor, Occupational Safety & Health Administration

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