Regulatory Update – OSHA Proposes to Change List of Industries Subject to Reporting Requirements and Lower Threshold for Mandatory Reporting
On June 22, the Occupational Safety and Health Administration (OSHA) published a proposed rule in the Federal Register to change the list of industries subject to injury and illness recording and reporting requirements. Specifically, OSHA proposes to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation. Appendix A contains a list of industries that are partially exempt from maintaining records of occupational injuries and illnesses, generally because of their relatively low rates of occupational injury and illness. The current list of industries is based on the Standard Industrial Classification (SIC) system. In 1997, the North American Industry Classification System (NAICS) was introduced to classify establishments by industry. The proposed rule would update Appendix A by replacing it with a list of industries based on NAICS and more recent injury and illness data. The proposed rule would also require employers to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. The current regulation requires an employer to report work-related fatalities and in-patient hospitalizations of three or more employees. Comments on the proposed rule are due by September 20, 2011. For a copy of the proposed rule, including the lists of impacted industries, go to http://www.gpo.gov/fdsys/pkg/FR-2011-06-22/pdf/2011-15277.pdf.