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November 2016 Newsletter – Tips on responding to new OSHA drug testing, injury reporting guidance

FDR Safety

One of the most significant OSHA actions of 2016 was issuing guidance on drug testing, injury reporting and safety incentive programs. OSHA threw a curve ball to employers with its recent guidance on drug testing, injury reporting and safety incentive programs, leaving companies wondering how to respond. By Andrew Kaake.

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Legal challenge to injury and illness data reporting rule

FDR Safety

OSHA’s new, misguided requirement for detailed electronic reporting of injury and illness data by employers has come under legal challenge by a coalition of trade associations, employers and an insurance company. OSHA contends that such programs may encourage the under-reporting of illnesses and injuries.

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Update: OSHA Workplace Injuries Tracking Regulation Error

Construction Equipment

Following a review of the requirements put in place in 2016 regarding the “Improve Tracking of Workplace Injuries and Illnesses” regulation, OSHA has taken action to correct an error that was made with regard to implementing the final rule.

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OSHA proposes delaying recordkeeping rule, and may change it

FDR Safety

The recordkeeping rule , put in place in May 2016 with an effective date of July 1 of this year, requires employers to electronically submit injury and illness forms to OSHA, which the agency said it would then publish on a searchable website open to the public. The requirements raised significant concerns among many employers.

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OSHA extends record-keeping liability to five years

FDR Safety

Employers are now liable for potential problems with their OSHA-required records of work-related injuries and illnesses for five years after the occurrence of any violation, under recently revised regulations, and may need to revise their record-keeping practices. The new regulation, which takes effect Jan.

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OSHA Corrects Workplace Injuries Tracking Error

Construction Equipment

Following a review of the requirements put in place in 2016 regarding the “Improve Tracking of Workplace Injuries and Illnesses” regulation, OSHA has taken action to correct an error that was made with regard to implementing the final rule.

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Rapid Response Investigations: Beware of OSHA Safe Harbor

FDR Safety

Employers should pay close attention to OSHA’s recent revisions to its enforcement procedures on injury reporting, particularly those dealing with Rapid Response Investigations, which the agency frequently asks companies to conduct after a reportable injury. They should not admit or concede that an OSHA regulation was violated.

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