Webinar: Learn About OSHA's Electronic Injury Reporting and Anti-Retaliation Final Rule

Description

On May 12, OSHA issued the final rule on Improve Tracking of Workplace Injuries and Illnesses (or Electronic Injury Reporting and Anti-Retaliation Rule), which will make the submission of the injury and illness forms mandatory and exclusively electronic for most employers. And for the first time, OSHA plans to make this information publically available on the Internet through a new searchable database and use the data for enforcement purposes. OSHA currently only collects this information if a facility is inspected, or a workplace is part of the OSHA Data Initiative.

Further, some forms of post-accident drug testing and accident-free incentive programs will be deemed to be unlawfully retaliatory.
 
The final rule becomes effective Jan. 1, 2017.  The anti-retaliation provisions go into effect on Aug. 10, 2016. 
 
Key Changes Under the Final Rule:
• Establishments with at least 20 to 249 employees at any time in the previous calendar year and classified in certain high-risk industries (including construction) will be required to electronically submit: 
 

1. OSHA Form 300A (Summary of Work?]Related Injuries and Illnesses) on an annual basis.

• Establishments with at least 250 or more employees at any time in the previous calendar year will be required to electronically submit: 
 

1. OSHA Forms 300A, 300 (Injury and Illness Log) and 301 (Incident Report) on an annual basis.

• Drug testing while not prohibited by the final rule, OSHA is prohibiting employers from using drug testing (or the threat of drug testing) as a form of adverse action against employees who report injury or illness. 
• Incentive programs are not categorically banned, however, OSHA has said any employer that uses an incentive program to take adverse action (e.g. denying a benefit) because an employee reports an injury or illness is in violation

Join ABC General Counsel Maury Baskin as he discusses the changes under the final rule and its impact on ABC member companies, as well as the steps they may need to take in order to comply.  
 
WHO SHOULD ATTEND
 

• Owners
• Senior-level Managers
• Human Resource Managers
• ABC Chapter Presidents, Attorneys and Staff