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OSHA Proposes Change in Recordkeeping Rule

The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking effective July 30 that it says is intended to better protect employees’ personally identifiable information

As proposed, certain provisions of the “Improve Tracking of Workplace Injuries and Illnesses” rule would be rescinded.

According to the proposed rulemaking, OSHA seeks to amend recordkeeping regulations to protect sensitive worker information from potential disclosure under the Freedom of Information Act. The agency has preliminarily determined that the risk of disclosure, costs to OSHA of collecting and using the information, and the reporting burden on employers are unjustified given the uncertain benefits of collecting information.

The proposed rule would amend recordkeeping regulations by rescinding requirements for employers with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. Employers would still be required to electronically submit information from form 300A summaries.

In addition, OSHA is proposing to require covered employers to submit their Employer Identification Number (EIN) electronically along with injury and illness data submissions.

Public comments are being accepted.