Workplace injuries to become public record under new OSHA rule

March 18, 2014 (Press-News.org) According to the most recent information gathered from the Bureau of Labor Statistics, roughly 3 million private sector workplace injuries and illnesses occurred in the United States in 2012.

In an effort to mitigate these statistics, the Occupational Safety and Health Administration, the federal agency tasked with setting and enforcing regulations to "assure safe and healthful working conditions for working men and women," has proposed a new rule for employers to follow.

The proposition, though, has received stark criticism from many employers.

The proposed new rule

Essentially, the new rule would require employers, who employ 250 workers or more, to electronically file every serious injury that occurs on their premises. For employers who employ at least 20 employees, the rule would mandate that they e-file all serious injuries on an annual basis. (Presently, the law requires that qualified employers just keep OSHA logs--or records of workplace injuries and illnesses.)

The rule would authorize the agency to allow the data to be publicly available.

Reasons behind the rule

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, spoke at a press conference late last year and commented on the reasons behind the new rule.

It's true the OSHA logs go a long way in documenting workplace injuries and illnesses, he indicated, but it's not enough. There's no transparency because the logs rarely leave the workplace premises.

Further, there is no present way to keep close tabs on every single workplace. In fact, "it would take us close to 100 years to inspect every workplace," he stated.

The new rule would help increase transparency, boost employer accountability, and hopefully help to reduce the millions of workplace injuries and illnesses that are happening all across the U.S.

Skepticism

But many are skeptical of the new rule. Some employers and other opponents argue that releasing the information publically is just a way to "name and shame" employers. They say that workplace accidents are likely to increase instead of decrease if the new rule were implemented. Many employers, they argue, would end up taking measures to limit the information from getting out into the public domain for fear of persecution.

This argument has garnered so much of a stir that OSHA recently announced plans to extend the public comment period for the proposed rule until March 8th of this year.

Likelihood of success

It remains to be seen whether the public pushback will have any effect on the implementation. According to Dr. Michaels, the cost is low and employers are already documenting the information, so it shouldn't be a huge change.

Given the number of preventable occurrences, it's evident more regulation is needed. "Three million injuries is three million [too] many. We can and we must do better," Dr. Michaels stated.

Article provided by Anesi Ozmon Rodin Novak & Kohen, Ltd.
Visit us at www.anesilaw.com