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What’s New with OSHA’s Proposed Recordkeeping Changes?

Ask The Experts | By | 14 Jul 2022 | 5 minute read

Recordkeeping is a critical element in any workplace, especially for those operating in highly hazardous industries. For this reason, agencies such as the Occupational Safety and Health Administration (OSHA) require companies to disclose their occupational injury and illnesses reports.

Given these requirements, how are you tracking the current injuries or illnesses in your workplace? How much time does it take you to sift through files and gather all the required details to populate the information needed for OSHA compliance? Do you wish you could reduce touchpoints in that process? Are you submitting records electronically today, or might you have to in the future? 

Proposed Changes With the New OSHA Recordkeeping Rule 

Recently, OSHA has proposed to amend its occupational injury and illness recordkeeping regulation under 29 CFR 1904. This amendment will require certain employers (listed below in Appendices A and B) to electronically submit injury and illness information that employers are already required to keep to OSHA. 

Specifically, according to OSHA’s proposed amendments, establishments with 100 or more employees in certain designated industries will have to electronically submit information from their OSHA Forms (300, 301, and 300A) to OSHA once a year. The list of industries affected by this proposed change is found on Appendix B.

Meanwhile, establishments with 20 or more employees in certain industries (listed in Appendix A below) would keep being required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. 

Which of These Changes will Affect Companies the Most? 

Perhaps, the highlights of OSHA’s amendments are these two changes. 

First, the proposed rule would remove the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis. Instead, as mentioned earlier, this revision will expand its scope to certain designated establishments with 100 or more employees.

Aside from those changes, OSHA also proposes to update the classification system (NAICS 2012 to 2017 List) used to determine the list of industries covered by the electronic submission requirement.

What’s Next in OSHA Report Submissions?

Apart from electronic submissions, here is another game-change that OSHA has put forward. 

OSHA intends to publish the data from the proposed annual electronic submission requirement on a public website without breaching an individual’s privacy. Such data will only be posted after identifying and removing information associated directly with individuals, such as their names and contact information. It will also require establishments to include their company name when making electronic submissions to OSHA.

How Will These Impact Organizations?

If these proposed changes are accepted as is, this will add additional submission requirements for those affected industries. This will require more time and attention to the submission process, recordkeeping accuracy, and overall data management. 

The second impact would be for organizations to have their name on display for all to see on their OSHA records. The proposed rule would give organizations a very visible competitive advantage when evaluating suppliers and contractors.  

Why It’s Important for You to be Informed

Aside from promoting a safe workplace, informing yourself of these modifications in OSHA recordkeeping requirements helps your organization abide by its rules more effectively. After all, OSHA violations are no joke. Grave and repeated offenses can result in huge fines depending on the violations committed. 

For instance, with OSHA citations increased in January 2022, the maximum penalties for serious and other-than-serious violations has increased from $13,653 per violation to $14,502 per violation. Meanwhile,  willful or repeated violators can face penalties worth  $145,027 per violation, which has risen from the previous $136,532 per violation. 

This situation shows the financial impact that inaccurate recordkeeping can have on an organization, its bottom line, and its reputation. 

Keeping Up with the OSHA Recordkeeping Requirements 

So how can you stay on top of all these changes? Here are five effective ways to ensure compliance with the OSHA recordkeeping rule amidst these changes:

  1. Ensure that your recordkeeping is up to date through good documentation practices.
  2. Digitize your processes to keep standardization and visibility using tools like iAuditor by SafetyCulture.
  3. Create automated workflows to eliminate and ease touch points in your processes.
  4. Check out One-Pager from SafetyCulture on Incident Management.
  5. Subscribe to safety-related blogs, Linkedin articles and influencers such as SafetyCulture.

Appendix A: Industries with 20 or more employees affected by the proposed change

The proposed revisions to Appendix A are as follows:

2017 NAICS code2017 NAICS title
11Agriculture, forestry, fishing and hunting.
22Utilities.
23Construction.
31-33Manufacturing.
42Wholesale trade.
4413Automotive Parts, Accessories, and Tire Stores.
4421Furniture Stores.
4422Home Furnishings Stores.
4441Building Material and Supplies Dealers.
4442Lawn and Garden Equipment and Supplies Stores.
4451Grocery Stores.
4452Specialty Food Stores.
4522Department Stores.
4523General Merchandise Stores, including Warehouse Clubs and Supercenters.
4533Used Merchandise Stores.
4542Vending Machine Operators.
4543Direct Selling Establishments.
4811Scheduled Air Transportation.
4841General Freight Trucking.
4842Specialized Freight Trucking.
4851Urban Transit Systems.
4852Interurban and Rural Bus Transportation.
4853Taxi and Limousine Service.
4854School and Employee Bus Transportation.
4855Charter Bus Industry.
4859Other Transit and Ground Passenger Transportation.
4871Scenic and Sightseeing Transportation, Land.
4881Support Activities for Air Transportation.
4882Support Activities for Rail Transportation.
4883Support Activities for Water Transportation.
4884Support Activities for Road Transportation.
4889Other Support Activities for Transportation.
4911Postal Service.
4921Couriers and Express Delivery Services.
4922Local Messengers and Local Delivery.
4931Warehousing and Storage.
5152Cable and Other Subscription Programming.
5311Lessors of Real Estate.
5321Automotive Equipment Rental and Leasing.
5322Consumer Goods Rental.
5323General Rental Centers.
5617Services to Buildings and Dwellings.
5621Waste Collection.
5622Waste Treatment and Disposal.
5629Remediation and Other Waste Management Services.
6219Other Ambulatory Health Care Services.
6221General Medical and Surgical Hospitals.
6222Psychiatric and Substance Abuse Hospitals.
6223Specialty (except Psychiatric and Substance Abuse) Hospitals.
6231Nursing Care Facilities (Skilled Nursing Facilities).
6232Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.
6233Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly.
6239Other Residential Care Facilities.
6242Community Food and Housing, and Emergency and Other Relief Services.
6243Vocational Rehabilitation Services.
7111Performing Arts Companies.
7112Spectator Sports.
7121Museums, Historical Sites, and Similar Institutions.
7131Amusement Parks and Arcades.
7132Gambling Industries.
7211Traveler Accommodation.
7212RV (Recreational Vehicle) Parks and Recreational Camps.
7223Special Food Services.
8113Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.
8123Drycleaning and Laundry Services.

Appendix B: Industries with 100 or more employees affected by the proposed change

The designated industries, which would be published as appendix B to subpart E of part 1904, are proposed to be as follows:

2017 NAICS code2017 NAICS title
1111Oilseed and grain farming.
1112Vegetable and melon farming.
1113Fruit and tree nut farming.
1114Greenhouse, nursery, and floriculture production.
1119Other crop farming.
1121Cattle ranching and farming.
1122Hog and pig farming.
1123Poultry and egg production.
1129Other animal production.
1141Fishing.
1151Support activities for crop production.
1152Support activities for animal production.
1153Support activities for forestry.
2213Water, sewage and other systems.
2381Foundation, structure, and building exterior contractors.
3111Animal food manufacturing.
3113Sugar and confectionery product manufacturing.
3114Fruit and vegetable preserving and specialty food manufacturing.
3115Dairy product manufacturing.
3116Animal slaughtering and processing.
3117Seafood product preparation and packaging.
3118Bakeries and tortilla manufacturing.
3119Other food manufacturing.
3121Beverage manufacturing.
3161Leather and hide tanning and finishing.
3162Footwear manufacturing.
3211Sawmills and wood preservation.
3212Veneer, plywood, and engineered wood product manufacturing.
3219Other wood product manufacturing.
3261Plastics product manufacturing.
3262Rubber product manufacturing.
3271Clay product and refractory manufacturing.
3272Glass and glass product manufacturing.
3273Cement and concrete product manufacturing.
3279Other nonmetallic mineral product manufacturing.
3312Steel product manufacturing from purchased steel.
3314Nonferrous metal production and processing.
3315Foundries.
3321Forging and stamping.
3323Architectural and structural metals manufacturing.
3324Boiler, tank, and shipping container manufacturing.
3325Hardware manufacturing.
3326Spring and wire product manufacturing.
3327Machine shops; turned product; and screw, nut, and bolt manufacturing.
3328Coating, engraving, heat treating, and allied activities.
3331Agriculture, construction, and mining machinery manufacturing.
3335Metalworking machinery manufacturing.
3361Motor vehicle manufacturing.
3362Motor vehicle body and trailer manufacturing.
3363Motor vehicle parts manufacturing.
3366Ship and boat building.
3371Household and institutional furniture and kitchen cabinet manufacturing.
3372Office furniture manufacturing.
4231Motor vehicle and motor vehicle parts and supplies merchant wholesalers.
4233Lumber and other construction materials merchant wholesalers.
4235Metal and mineral merchant wholesalers.
4244Grocery and related product merchant wholesalers.
4248Beer, wine, and distilled alcoholic beverage merchant wholesalers.
4413Automotive parts, accessories, and tire stores.
4422Home furnishings stores.
4441Building material and supplies dealers.
4442Lawn and garden equipment and supplies stores.
4451Grocery stores.
4522Department stores.
4523General merchandise stores, including warehouse clubs and supercenters.
4533Used merchandise stores.
4543Direct selling establishments.
4811Scheduled air transportation.
4841General freight trucking.
4842Specialized freight trucking.
4851Urban transit systems.
4852Interurban and rural bus transportation.
4854School and employee bus transportation.
4859Other transit and ground passenger transportation.
4871Scenic and sightseeing transportation, land.
4881Support activities for air transportation.
4883Support activities for water transportation.
4911Postal Service.
4921Couriers and express delivery services.
4931Warehousing and storage.
5322Consumer goods rental.
5621Waste collection.
5622Waste treatment and disposal.
6219Other ambulatory health care services.
6221General medical and surgical hospitals.
6222Psychiatric and substance abuse hospitals.
6223Specialty hospitals.
6231Nursing care facilities.
6232Residential intellectual and developmental disability, mental health, and substance abuse facilities.
6233Continuing care retirement communities and assisted living facilities for the elderly.
6239Other residential care facilities.
6243Vocational rehabilitation services.
7111Performing arts companies.
7112Spectator sports.
7131Amusement parks and arcades.
7211Traveler accommodation.
7212RV parks and recreational camps.
7223Special food services.
6239Other residential care facilities.
6243Vocational rehabilitation services.
7111Performing arts companies.
7112Spectator sports.
7131Amusement parks and arcades.
7211Traveler accommodation.
7212RV parks and recreational camps.
7223Special food services.

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SafetyCulture staff writer

Gary Bonnett

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