The U.S. Occupational Safety and Health Administration (OSHA) has issued a rule that will now require employers of 250 employees or more to submit detailed annual reports of workplace injuries and illnesses for publication online — something that, until now, employers have been required to reveal to OSHA only in private. The rule takes effect August 10, with initial reports due to be filed electronically in 2017.
Critics say publication of these reports will unnecessarily embarrass businesses by requiring them to publicly report incidents — anything that requires treatment beyond typical first aid — that are typically revealed to OSHA only during inspections.
OSHA has admitted the new rules are intended to motivate employers to improve safety, saying making the reports public is an effective use of “behavioral economics.”
Some fear the rule will provide plaintiffs’ attorneys with raw, unqualified data with which to file harassing lawsuits. Business groups and employment lawyers predict that the new rule will be challenged in court. Labor unions support the regulation.
“The regulation presents a challenge for employers,” said SAF Senior Director of Government Relations Shawn McBurney. “Employers have tended to record all incidents, since the records usually remained filed away and unseen by the government or the public.” McBurney said the new rule changes the climate because a workplace can be cast as unsafe if an employer reports too many routine incidents. “Some employers may start using medical professionals to evaluate accidents and illnesses to help determine whether they should be reported,” McBurney said.
There are also concerns that OSHA will fail to eliminate data that could identify individual employees, which could prompt workers to file lawsuits against their employers. OSHA said it will clear the data of personal identification before posting it on the Internet.
The rule also includes a provision adding penalties for employers who take actions defined as retaliation against employees who report accidents.
