1. OSHA Injury/Illness Electronic Filing Brian A. Zachetti, CSP

5. The New Rule (1904) Requires:
Certain employers to electronically submit injury and illness data to OSHA that they are already required to keep under OSHA regulations. The content of these establishment-specific submissions depends on the size and industry of the employer.
Requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation.
Employer's procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting

6. Changes to Part 1904 (Electronic Submission)
Establishments with 250 or more employees that are subject to OSHA's recordkeeping regulation must electronically submit to OSHA some of the information from the Log of Work-Related Injuries and Illnesses (OSHA Form 300), the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A), and the Injury and Illness Incident Report (OSHA Form 301).
Establishments with employees in certain high-risk industries must electronically submit to OSHA some of the information from the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A).
Establishments with fewer than 20 employees at all times during the year do not have to routinely submit information electronically to OSHA.

7. Changes to Part 1904 (Electronic Submission)
The final rule takes effect Jan. 1, 2017, and reporting requirements will be phased in over two years, as follows:
Establishments with 250 or more employees must begin submitting information from 2016 Form 300A by December, 2017, and must submit information from all forms (300A, 300, and 301) by July 1, Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

8. Changes to Part 1904 (Electronic Submission)
Establishments with employees in certain high-risk industries must begin submitting information from 2016 Form 300A by December 1, 2017, and again by July 1, Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

11. Injury Tracking Application Electronic Submission of Injury and Illness Records to OSHA

25. Changes to Part 1904.35 (Employee Injury/Illness Reporting Procedures)
Clarifies the requirement that an employer's procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting (b)(1)(i)
Requires employers to inform employees of how to report a work-related injury or illness (b)(1)(ii)
Requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation (b)(1)(iii)

26. Changes to Part 1904.35(b)(1)(i) (Reasonable Injury/Illness Reporting Procedures)
Enforcement Procedures, OSHA will issue citations under section (b)(1)(i) if the employer's procedure regarding the time and means for filing a report of an injury or illness is "unreasonable." The "time" and "means" refers to when and how the employer's procedure requires employees to report injuries and illnesses.

27. Reasonable time (when):
Changes to Part (b)(1)(i) (Reasonable Injury/Illness Reporting Procedures)
Reasonable time (when):
As soon as practical after the employee realizes that he or she has a work-related injury or illness that should be reported to the employer.
However, it is not a reasonable time requirement if the employer has a rigid prompt-reporting requirement that disciplines employees for late reporting when the employee could not have realized that he or she has a work-related injury or illness.

28. Changes to Part 1904.35(b)(1)(i) (Reasonable Injury/Illness Reporting Procedures)
Removing the word “immediately” from injury reporting policies. OSHA believes this could also discourage reporting and seem retaliatory in nature. Use a more reasonable standard, such as reported as soon as a worker learns of them, no later than the next business day, or within eight hours.

29. Changes to Part 1904.35(b)(1)(i) (Reasonable Injury/Illness Reporting Procedures)
Reasonable means (how):
Report a work-related injury or illness by reasonable means, such as by phone, , or in person when practicable.
Unreasonable: The procedure requires the employee to report the injury or illness in person at a location remote from his or her workplace. Similarly, it is not a reasonable means if the procedure requires employees to take unnecessarily cumbersome steps or an excessive number of steps to report a work-related injury or illness.

30. Changes to Part 1904.35(b)(1)(ii) (Informing Employees of Injury/Illness Reporting Procedures)
OSHA may cite for a violation of section (b)(1)(ii) when the employer does not inform employees of the procedure. As under the former provision, the rule does not specify how the employer must inform employees.
Employers have flexibility to set up systems that are appropriate to their workplace.  The size of the workforce, employee language proficiency and literacy levels, the workplace culture, and other factors will determine what will be effective for any particular workplace.
Does not have to be in writing

31. Changes to Part 1904.35(b)(1)(iii) (Retaliation for Reporting Injury/Illness)
This rule requires employers to inform employees that they have a right to report work-related injuries and illnesses free from retaliation by their employer (at 29 CFR (b)(1)(iii)).
The purpose of this requirement is to improve employee and employer understanding of their rights and responsibilities related to the reporting of occupational injuries and illnesses.

32. Changes to Part 1904.35(b)(1)(iii) (Retaliation for Reporting Injury/Illness)
What forms of "retaliation" does this rule prohibit?
Discharge, demotion, or denying a substantial bonus or other significant benefit
Assigning the employee "points" that could lead to future consequences
Demeaning or embarrassing the employee (for example, requiring an employee who reports an illness or injury to wear a fluorescent orange vest for a week)
Threatening to penalize or otherwise discipline an employee for reporting
Requiring employees to take a drug test for reporting without a legitimate business reason for doing so

33. Changes to Part 1904.35(b)(1)(iii) (Retaliation for Reporting Injury/Illness)
Under the new rule, OSHA will be able to cite an employer for retaliation even if the employee did not file a complaint, or if the employer has a program that deters or discourages reporting through the threat of retaliation. The rule gives OSHA an important new tool in encouraging employers to maintain accurate and complete injury records.

34. Changes to Part 1904.35(b)(1)(iii) (Retaliation for Reporting Injury/Illness)
One way for employers to meet the requirement is by posting the OSHA "It's The Law" worker rights poster from April 2015 or later(
Alternatively, the employer can comply with this provision by informing employees of the required information by other appropriate means, such as an individual written notice to each employee. The information does not need to be provided in writing.

35. Changes to Part 1904.35(b)(1)(iii) (Disciplinary Programs)
The rule does not prohibit disciplinary programs. However, employers must not use disciplinary action, or the threat of disciplinary action, to retaliate against an employee for reporting an injury or illness.
Automatically suspending workers who report an injury or assigning them points that have future employment consequences.

36. Changes to Part 1904.35(b)(1)(iii) (Disciplinary Programs)
The rule also prohibits disciplining an employee who reports a work-related injury or illness under the pretext that the employee violated a work rule if the real reason for the discipline was the injury or illness report.

37. Changes to Part 1904.35(b)(1)(iii) (Drug Testing)
The rule does not prohibit drug testing of employees. It only prohibits employers from using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses. If an employer conducts drug testing to comply with the requirements of a state or federal law or regulation, the employer's motive would not be retaliatory and this rule would not prohibit such testing.

38. Changes to Part 1904.35(b)(1)(iii) (Drug Testing)
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness. However, if employee drug use could not have contributed to the injury or illness, post-incident drug testing would likely only discourage reporting without contributing to the employer's understanding of why the injury occurred. Drug testing under these conditions could constitute prohibited retaliation.

39. Changes to Part 1904.35 (Incentive Programs)
This rule does not prohibit incentive programs. However, employers must not create incentive programs that deter or discourage an employee from reporting an injury or illness. Incentive programs should encourage safe work practices and promote worker participation in safety-related activities.

40. Changes to Part 1904.35(b)(1)(iii) (Incentive Programs)
Employers should consider programs that reward:
Worker participation in safety program activities and evaluations;
Worker completion of safety and health training;
Reporting and responding to hazards and close calls/near misses;
Safety walkthroughs and identification of hazards during safety walkthroughs/inspections;
Conformance to planned preventive maintenance schedules;
Compliance with legitimate workplace safety rules.