OSHA Delays Electronic Recordkeeping Requirement

On June 27, 2017 the Occupational Health and Safety Administration (OSHA) announced its intent to publish a formal proposal postponing the compliance date of the electronic recordkeeping requirement for workplace injury and illnesses.

The requirement was set to take effect on July 1 but will now take effect on December 1. OSHA has stated that the delay will an opportunity to further review and consider the rule.

OSHA originally published the final rule on May 12, 2016, but has determined that a further delay of the compliance date is appropriate for the purpose of additional review into questions of law and policy.  The delay will also allow OSHA to provide employers the same four-month window for submitting data that the original rule would have provided.

Earlier this year, a group of industry associations filed a lawsuit on the grounds that the requirement is unconstitutional. In its challenge, the industry associations argue that mandating employers to submit injury and illness data and then making it available publicly is a violation of the First and Fifth amendments.

A controversial aspect of the injury and illness reporting requirement is the anti-retaliation measure. The provision prevents employers from automatically conducting a drug test following a workplace injury.

However, employers are allowed to test employees if there is a reason to believe that drugs contributed to the injury. OSHA's maintains that the drug-testing restriction is needed so employees will be more likely to report injuries and illnesses without fear of employer punishment.