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OSHA’s Final Rule on
Injury Reporting and
Anti-Retaliation
Provisions
Presented by:
Eric Schmitz
Senior Vice President,
KPA Product and Business Development
and
Kathyrn Carlson
Vice President,
KPA HR Management Products
Presenter
Eric Schmitz
Senior Vice President,
KPA Product and Business Development
Presenter
Kathryn Carlson
Vice President,
KPA HR Management Products
Questions?
If you have questions during the presentation, please submit them using the “Questions” feature
Questions will be answered at the end of the webinar
What is OSHA Trying to Accomplish?
Attempting to better understand workplace incidents and
focus their activities and energy where it counts.
Improving workplace safety through access to timely,
establishment-specific injury and illness information.
• Increase OSHA’s ability to identify, target and remove
safety and health hazards
• Improve allocation of compliance resources
• Ensure workers will not fear retaliation for reporting
injuries
Let’s talk about these new rules!
OSHA’s Final Rule: Improve Tracking of Workplace
Injuries and Illnesses
• Electronic reporting to OSHA – January 2017
• Anti-retaliation provisions originally effective August
10, 2016, delayed until November 1, 2016.
• Right to report injuries free from retaliation
• Incentive programs
• Prohibit retaliatory post-incident drug testing
OSHA to provide additional guidance to employers for
anti-retaliation provisions.
As of Friday 7/15 the National Association of Manufacturers
filed a suit to block implementation of the rule
OSHA’s Final Rule: Improve Tracking of Workplace
Injuries and Illnesses
• Electronic Reporting of Injury/Illness Data - January
2017 - Phase-in over 2 years
• 250 employees in covered industries - Form 300A by July
1, 2017
• 20-249 employees in certain high-risk industries - Form
300A by July 1, 2017
OSHA has not specified how the electronic
submissions will occur.
Report a Fatality or Severe Injury
Final Rule does not change severe injury reporting
requirement.
• Employers must report to OSHA:
• Fatality – 8 hours
• In-patient hospitalization – 24 hours
• Amputation – 24 hours
• Loss of an eye – 24 hours
Report a Fatality or Severe Injury
To make a report:• Call nearest OSHA office
• Call OSHA 24-hour hotline 1-800-321-6742
• Report online
The Guidance - No Retaliation
Do:
• Train Employees & Managers on Accident Reporting Process
• Make the process simple & clear
• Encourage Reporting
• Develop a positive return to work culture
Don’t:
• Reprimand for Accident Reporting
• Look for ways to eliminate injured employees
Incentive Programs - What is OSHA Concerned About?
From the OSHA Guidance…
The Guidance - Incentive Programs
Incentive Programs-Effective November 1, 2016
Do:
• Contribute positively to the safety culture
• Reward employees for following safety rules
• Participate in safety training
• Participate in incident investigations
• Encourage workplace injury/illness reporting
Don’t:
• Promote under reporting
• Reward employees for not reporting injuries
• Eliminate group bonus if one employee is injured
Incentive Programs - KPA
Ideas for Positive Incentive Programs:
• Safety Bingo
• Safety Challenge
• Safety Accounting
• Safety Communication Contest
• Safety Bucks
Let’s Look at some KPA Incentive Programs
The Guidance - Post-Injury Drug Testing
WAIT!
Understand the Guidance before establishing policy
• Does not ban drug testing of employees
• Established drug testing policies should:
• Identify drug use was a contributing factor to the injury
• Limit post-injury testing to situations when drug use
likely contributed to the incident
• Ensure the drug test can accurately identify the
impairment caused by its use
Post-Injury Drug Testing
Established drug testing policies
• Do not discourage employees from reporting injuries
• Avoid punitive drug testing
• Prohibits employers from using drug testing, or the
threat of, as a form of adverse action
Blanket drug testing policies are likely to deter reporting
without contributing to the employer's understanding of
why the injury occurred, or in any other way contributing
to workplace safety.
For example, it would likely not be reasonable to drug-test
an employee who reports a bee sting, a repetitive strain
injury, or an injury caused by a lack of machine guarding or
a machine or tool malfunction.
Post-Injury Drug Testing
Worker’s Compensation
• The Final Rule does not conflict with drug testing
requirements in Workers’ Compensation Laws.
• OSHA is prohibited from superseding or affecting
Workers‘ Compensation Laws.
• If an employer conducts drug testing to comply with the
requirements of a state or federal law or regulation, the
employer's motive would not be retaliatory and the Final
Rule would not prohibit such testing.
OSHA State-Plan States
Within 6 months State-Plan States must…
• Adopt requirements identical to those in 29 CFR 1904.41
• Include requirements that are substantially identical to
those of 29 CFR 1904.37 and 1902.7.
• Other requirements may be more stringent than, or
supplemental to, Federal OSHA including:
• Industry exemptions
• Severe injury reporting
• Record retention
Make sure you know the requirements for your state!
Our next Webinar…
Increases in DOL / OSHA / EPA / FTC Penalties
OSHA Increases Monetary Penalties - August 1,
2016
• Catch-up period allows up to 78% increase
• Violations:
• Serious & Other than Serious - $12,471
• Willful & Repeated - $124,709
• Failure to Abate - $12,471
Join us for our webinar on August 3rd when we discuss in
depth the increase in penalties for OSHA and other
Agencies under the Department of Labor.
