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Topic Overview: On November 7, 2013, the Occupational Safety and Health Administration (OSHA) issued a proposed rule it claims will improve workplace safety and health through improved tracking of workplace injuries and illnesses. The proposal will amend OSHA’s recordkeeping regulations to require the electronic submission of injury and illness information employers are already required to keep under OSHA's regulations for recording and reporting occupational injuries and illnesses. The proposed rule amends the regulation on the annual OSHA injury and illness survey of 10 or more employees to add three new electronic reporting requirements and aims to use data to prevent work-related injuries and illnesses by encouraging employers to identify and abate hazards in their workplaces before workers get hurt and without OSHA making an inspection.
OSHA intends to make all injury and illness data publicly available through a searchable database. Only information protected by the Freedom of Information Act, the Privacy Act, certain provisions of the Recordkeeping Rule (which protect the privacy of cases involving mental illness, certain illnesses or sexual assault,) and the injured employees’ names will be kept private. The increased availability of data will also enable employers and employees to compare their injury rates with others in the same industry. While OSHA emphasizes that the proposed regulation will not alter employers’ basic recordkeeping duties, it will dramatically change the way that OSHA uses injury and illness data to select employers for inspections, and it will provide unions, community activists, plaintiffs’ lawyers and competitors with easy access to that data as well.
Objectives: