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Employment NewsFlash
New Employer Safety Reporting Obligations

October 01, 2014
Client Alert

New illness and injury reporting rules issued by the Occupational Health and Safety Administration (OSHA) will take effect for most U.S. employers in 2015. Entities located in states under federal OSHA jurisdiction must begin complying by Jan. 1, 2015; entities in states that operate their own safety and health programs should check with their state plan for the deadline to comply with the new requirements.

Under the revised rule, employers must notify OSHA of any work-related fatality within eight hours, and any work-related in-patient hospitalization (excluding those for diagnostic testing or observation only), amputation or loss of an eye within 24 hours. OSHA’s prior regulations only required reporting of fatalities and hospitalizations of three or more employees and did not require reporting of single hospitalizations, amputations or loss of an eye. Employers are directed to report the incident via telephone or in person at the nearest OSHA office, via the OSHA hotline (800-321-OSHA), or via electronic reporting once available on the OSHA website.

In addition to a reporting requirement, OSHA also requires certain categories of employers to maintain records of work-related injuries and illnesses. The new rule confirms that employers with 10 or fewer employees, regardless of their industry classification, are exempt from the requirement to maintain records of work-related injuries and illnesses. With the new rule, however, OSHA has subjected new categories of industries to the record-keeping requirement, while also updating the list of industries that, regardless of number of employees, are exempt from the record-keeping requirement. Entities exempt from the record-keeping requirement are still subject to the incident reporting requirement.

Additional information and answers to frequently asked questions are available on OSHA’s website by clicking here.

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