OSHA's Expanding Reach:
New Record-Keeping Rules to Dramatically Increase the Number of Reportable Events
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 and further explanation is available here.
As always, should you have any questions concerning how employers may be affected by this new rule, OSHA's relationship to your business or any other legal matter, please feel free to contact Mike Mallen at Miller & Martin.
The opinions expressed in this bulletin are intended for general guidance only. They are not intended as recommendations for specific situations. As always, readers should consult a qualified attorney for specific legal guidance. Should you need assistance from a Miller & Martin attorney, please call 1-800-275-7303.
