OSHA’S NEW RECORD KEEPING RULE What we need to know about submitting record keeping data This PowerPoint may be freely presented and distributed by individuals, corporations, and safety and environmental associations that do not charge for attendance. Commercial use is forbidden and subject to U.S. copyright laws.

Maurizio Delcaro CSP, CET, CEHT, OHST, CHST Administrative Policy & Liability Technical Compliance Project Site Training

Concerns during the proposed rule stage: Logistics of quarterly submissions Our data will be publicly available Employee privacy Enhanced OSHA enforcement I don’t like change!

E-submissions take place already... OSHA Data Initiative (ODI) Collects data from 80,000 establishments. 80% submit data electronically. BLS Survey of Occupational Injuries and Illnesses (SOII) 200,000 establishments report data. 90% are electronic submissions.

A quarter of a million establishments already submit this data electronically. This data tells us that someone who works in a state run nursing and residential care facility has over a 12% chance of being injured (to the severity of being recorded) in one year’s time. With this data, we can ask “why?”

This data reveals all sorts of important information that we can analyze to determine what to do about it… 40% of work-related fatalities occur in transit situations. 16% of work-related fatalities are violence incidents. 92% of work-related fatality victims are men.

Electronically submitting record keeping data is not a new deal. But, there will be new particulars. Many more establishments will be submitting their data. The volume of data will greatly increase. The data will be publicly available. Formal submission schedules.

Effective Date: 1 JAN 2017 Year 2016 data will be the first batch electronically submitted. Due Dates: 2016 data: 1 JUL data: 1 JUL data: 2 MAR 2019

Not everyone will submit data. The submission trigger is based on: Number of employees at a business establishment (a physical location) NOT the total number of corporate employees

There are two establishment categories. E-submission criteria is based by establishment, not by employer size. 250 or more employees 20 to 249 employees in high hazard industries  Identified by historical incident rates

250 or more employees Annual submission of 301, 300, 300A Only the 300A in All forms will start to 249 employees (high hazard) Annual submission of 300A only. Special interest initiatives... There will be advance notification.

Employee Privacy (E-Submissions) Personal data will not be collected. 301: Entire left side will be omitted. 300: Will omit employee names. 300A: No personal data on there.

This info will not be collected.

There is no personal info on the 300A summary.

All data will be publicly available on the OSHA website. This is the case for OSHA inspection and violation history. Incident rates are already a far more common pre-qualification criteria than OSHA violation history.

How the E-Submission will Work Account setup will be intuitive. Self registration via online form. is generated to obtain initial login. Sound familiar? There will be a help desk.

Will the data be used for enforcement? OSHA may target industries (or even establishments) by their incident rates. Relevant compliance directives will come. This is already being done by industry. National, regional, and local emphases Site-specific targeting (SST)

OSHA National Emphasis Programs Isocyanates 2013 Federal Agencies 2013 Primary Metal Industries2011 Process Safety Management2011 Shipbreaking2010 Hexavalent Chromium 2010 Lead 2008 Combustible Dust 2008 Crystalline Silica 2008 Hazardous Machinery/Amputations2006 Trenching and Excavation 1985

The final rule also restates some rules that already exist. Employers must inform employees of their right to report free of retaliation. The reporting procedure must be reasonable and not discourage reporting. Employers can’t retaliate against employees for reporting.

Maurizio Delcaro CSP, CET, CEHT, OHST, CHST Administrative Policy & Liability Technical Compliance Project Site Training