OSHA Rescinds Part of Electronic Records Rule and Adjusts Maximum Penalties for 2019

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On January 24, 2019, citing a need to protect worker privacy, the Occupational Safety and Health Administration (OSHA) issued a final rule eliminating the requirement that businesses with 250 or more workers electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA each year. These employers must keep such records on-site. They still are required to electronically submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). The deadline for electronic submissions for calendar year 2018 information is March 2, 2019.

Separately, effective January 23, 2019, OSHA adjusted the penalty levels for violations in 2019. The new maximum penalty for a Serious violation will be $13,260 per violation. The maximum penalty for a Failure to Abate violation will be $13,260 per day beyond the abatement date. The maximum penalty for a Willful or Repeated violation increases to $132,598 per violation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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