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What do I have to do?

This final rule requires electronic submission of Part 1904 recordkeeping records to employers depending on their size and industry.  For ReMA members this means the following

• Employers with 250 or more employees (including part-time, seasonal or temporary workers) in each establishment must electronically submit their OSHA 300, 300A and 301 forms to the agency on an annual basis;
• Employers with more than 20 but less than 250 and who are members of certain identified industries must submit their OSHA 300A form annually to the agency. The recycling industry is one of these identified industries.
• Employers who receive notification from OSHA to electronically submit their 300, 300A and 301 forms to OSHA.

OSHA has stated in the final rule that it will then post the data from employer submissions on a publically accessible Web site.  According to the final rule, OSHA does not intend to post any information that could be used to identify individual employees.

The final rule also requires employers to develop employee injury and illness reporting requirements that met specific criteria.  Specifically, employers must inform employees of the following:

• Procedures for reporting work-related injuries and illnesses promptly and accurately.According to the final rule, a procedure is not reasonable if it would deter or discourage employees from reporting injuries or illnesses;
• Employees have the right to report work-related injuries and illnesses;
• Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses.

When does this rule become effective?

The most immediate effective date is August 10, 2016 for the provisions regarding employee injury reporting policies.  Specifically, employers are required to inform employees they have a right to report a work-related injury.  The prohibition from discharging or otherwise discriminating against employees for reporting work-related injuries or illnesses is also effective on that date.

Electronic Data Submittal

• The requirements relating to the electronic submission of recordkeeping forms become effective January 1, 2017. Establishments with 250 or more employees must submit information from their 2016 form 300A by July 1, 2017.Then starting in 2018, these same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

• Establishments with more than 20 but less than 250 employees must submit information from their 2016 form 300A by July 1, 2017, and their 2017 form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.
• The above information is presented in Table 1
• Per OSHA, those states that operate under a state OSHA plan will have to adopt requirements that are substantially similar within six months.

The specifics of electronic data submittal have not been provided yet but in the final rule OSHA stated that it intends to use submitter registration, which would enable OSHA to issue a unique ID for reporting establishment.  This data will be submitted to an OSHA-provided web portal currently under construction. Once available, a link will be provided at www.isri.org

Additional information regarding the final rule can be found on OSHA's Website.

TABLE 1