OSHA to Launch App for Submitting Injury and Illness Data

July 17th, 2017 by Editor

On August 1, the Occupational Safety and Health Administration (OSHA) will launch the Injury Tracking Application (ITA). The web-based form allows employers to electronically submit required injury and illness data from their completed 2016 OSHA Form 300A. The application will be accessible from the ITA webpage.

Last month, OSHA published a notice of proposed rulemaking to extend the deadline for submitting 2016 Form 300A to December 1, 2017, to give businesses time to familiarize themselves with the electronic reporting system, and to provide the new administration an opportunity to review the new electronic reporting requirements prior to their implementation.

The data submission process will involve four steps: (1) Creating an establishment; (2) adding 300A summary data; (3) submitting data to OSHA; and (4) reviewing the confirmation email. The secure website offers three options for data submission. One option will enable users to manually enter data into a web form. Another option will give users the ability to upload a CSV file to process single or multiple establishments at the same time. A third option will allow users of automated recordkeeping systems to transmit data electronically via an application programming interface.

The ITA webpage also includes information on reporting requirements, a list of frequently asked questions and a link to request assistance with completing the form.

OSHA’s controversial new injury-reporting rule is currently facing two legal challenges.

In January, the National Association of Home Builders (NAHB), the U.S. Chamber of Commerce and other groups sued OSHA over the new regulation. The lawsuit claims that it’s “arbitrary, capricious, and otherwise contrary to law.” The plaintiffs also say it violates the first and fifth amendments of the Constitution.

“The rule violates the First Amendment by compelling companies to submit their confidential and proprietary information for publication on a publicly available online database,” the complaint reads. “…Further, the rule violates the Fifth Amendment by failing to provide employers adequate notice of what constitutes ‘reasonable’ reporting procedures, subjecting employers to citation and potentially significant penalties without providing due process of law.”

In July 2016, a coalition of business groups, including Associated Builders and Contractors (ABC) and the National Association of Manufacturers (NAM), filed a lawsuit in U.S. District Court for the Northern District of Texas challenging the anti-retaliation provisions of the reporting regulation. The groups say it “will limit post-accident drug testing and safety programs that contribute to jobsite construction safety,” such as contests that give prizes to workers for injury-free days.

The rule bans post-accident drug testing because the agency thinks it might make employees think twice about going on the record with injury claims.

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