OSHA Proposes Revisions to Recordkeeping and Reporting Requirement Exemptions

The Occupational Safety and Health Administration is proposing to amend certain recordkeeping and reporting requirements by updating the list of low-risk industries that are partially exempt from these requirements, and mandating that employers report all instances of work-related fatalities and in-patient hospitalizations to the agency within eight hours, and amputations within 24 hours.

Appendix A to Subpart B of OSHA’s Injury and Illness Recording and Reporting regulation lists the industries that are partially exempt from maintaining records of occupational injuries and illnesses. Currently, these exempt industries are considered low-risk based on the Standard Industrial Classification (SIC) system. These lower hazard industries are those industries with an average Days Away, Restricted, or Transferred (DART) rate at or below 75 percent of the national average DART rate. As explained in the proposed rule, in 1997 the North American Industry Classification System (NAICS) was introduced to classify establishments by industry. OSHA began converting the SIC codes to NAICS codes in 2001. The proposed rule would update the list of low-risk industries in Appendix A by replacing the current list with one based on the updated NAICS data, which uses DART rates based on recent information compiled by the Bureau of Labor Statistics (BLS).

OSHA seeks comments on the proposal, including input on the following questions:

  1. Should any additional industries be exempt from any of the recordkeeping requirements in Part 1904?
  2. Should OSHA base partial exemptions on more detailed or more aggregated industry classifications, such as two-digit, three-digit, or six-digit NAICS codes?
  3. Which industry sectors, if any, should be ineligible for partial exemption?
  4. Instead of using an average DART rate of 75 percent of the most recent national DART rate, is there a better way to determine which industries should be included in Appendix A?
  5. Should OSHA consider numbers of workers injured or made ill in each industry in addition to industry injury/illness rates in determining eligibility for partial exemption?
  6. Are there any other data that should be applied as additional or alternative criteria for purposes of determining eligibility for partial exemption?
  7. Should OSHA regularly update the list of lower-hazard exempted industries? If so, how frequently should the list be updated?
  8. Are there any specific types of training, education, and compliance assistance OSHA could provide that would be particularly helpful in facilitating compliance with the recordkeeping requirements?

In addition, the proposed rule would require that employers report to OSHA all work-related fatalities and in-patient hospitalizations within eight hours. Currently, employers are required to do so for such incidents involving three or more employees. The proposal also would require employers to report all work-related amputations within 24 hours. With respect to this change, OSHA seeks responses to the following questions:

  1. What types of incidents and/or injuries and illnesses should be reported to OSHA and why?
  2. Are there any injuries, illnesses, or conditions that should be reported to OSHA and are not included among in-patient hospitalizations?
  3. Should amputations that do not result in in-patient hospitalizations be reported to OSHA?
  4. Should OSHA require the reporting of all amputations?
  5. Should OSHA require the reporting of enucleations?
  6. Are there additional data or estimates available regarding the number of work-related incidents involving in-patient hospitalizations? Is there information available on how many work-related hospitalizations occur more than 30 days after the report of an injury or illness?
  7. Should OSHA allow reports to be made by means other than a telephone, such as by email, fax, or a web-based system?
  8. Are the reporting times of eight hours for fatalities, eight hours for in-patient hospitalizations, and 24 hours for amputations generally appropriate time periods for requiring reporting? What advantages or disadvantages would be associated with these or any alternative time periods?

Comments on this proposal must contain the docket number: OSHA-2010-0019 or the regulatory identification number: RIN 1218-AC50 and be received on or before September 20, 2011. Comments may be submitted electronically through the federal eRulemaking portal or, if not exceeding 10 pages, via fax to: (202) 693-1648. Alternatively, comments may be sent in triplicate by mail, hand delivery, express mail, messenger, or courier service to the OSHA Docket Office, Docket Number OSHA-2010-0019, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210.

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Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.