OSHA's Expanding Reach: New Record-Keeping Rules to Dramatically Increase the Number of Reportable Events

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Until very recently, OSHA only required employers to notify it of work-related fatalities and incidents involving the in-patient hospitalization of three (3) or more employees. Employers were not required to report single hospitalizations, amputations or an employee's loss of his or her eye. That is about to change: A new rule announced on September 11, 2014 will considerably expand the OSHA reporting requirements.

Under a rule that will become effective on January 1, 2015, employers will be required to report all work-related fatalities, hospitalizations, amputations and/or the loss of an employee's eye. Employers will have eight (8) hours to report fatalities and twenty-four (24) hours to report any event that results in hospitalization, amputations or the loss of an eye, even if it involves less than three (3) employees or does not result in death.

The new rule will drastically increase the number of reportable events, and employers can expect expanded OSHA oversight and inspections. Fortunately, OSHA is developing a website to help employers fulfill their new reporting obligations: https://www.osha.gov/report_online/. As before, employers may also report to OSHA by telephone at 1-800-321-OSHA or by visiting the nearest OSHA area office during business hours.

OSHA's new rule also updates the list of industries that are exempt from routine record-keeping. Employers with 10 or fewer employees remain exempt.

A press release concerning the new rule can be accessed here: http://www.dol.gov/opa/media/press/osha/OSHA20141697.htm#pagecontent and further explanation is available at https://www.osha.gov/recordkeeping2014/records.html.

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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