b'Garys CornerupdateGary Auman, MRCA Legal CounselElectronic Reporting of Injuries and Illnesses file their OSHA 300 logs, their OSHA 300A I n May of this year the Occupationalforms, and all of their OSHA 301 forms by Safety and Health AdministrationJuly 1. In 2019 and subsequent years this filing issued a new rule for recordkeeping.requirement will have to be met by March This new rule establishes a requirement that2. More on this to comein my next article. certain employers report injuries and illnessesBecause new anti-retaliation rules go into effect to OSHA electronically on a periodic basis. Inon August 10, 2016, I want to spend some time this requirement some modifications have beendiscussing those.made to the classifications of employers whoNew Anti-Retaliation Languagemust report. These requirements are in additionAdditional anti-retaliation language to the existing requirement for injury recordingappearing in the new rule will affect all on the OSHA 300 Log of Work-Related Injuriesemployers. It is aimed at ensuring that and Illnesses, or for posting the OSHA 300Aemployees are not discouraged from reporting form. The new rule does not in any way modifywork-related injuries and illnesses in a timely OSHAs requirements for reporting catastrophicfashion. Unlike the electronic reporting injuries, which became effective on January 1,requirements, this anti-retaliation language 2015. will take effect on August 10, 2016. The The current recordkeeping requirement isadditional requirement is that employers take that employers with 11 or more employees inno action against any employee who files a a calendar year must maintain an OSHA 300report of a work-related injury or illness. In Log and record on that form all injuries thatconjunction with this requirement, employers qualify each year. Those same employers mustwill be required to inform all employees of complete the OSHA 300A form at the end oftheir right to report a work-related injury or each calendar year and post the completedillness without fear of retaliation for making form where all employees can inspect it in thethe report. The employer can fulfill this worksite from February 1 through April 30requirement by posting in a location where it of each year. The OSHA 300A form must becan be reviewed by all employees (such as the completed and posted even if the employer had no injuries during the preceding year. employers will be required The new electronic reporting requirements mandate the electronic filing of the OSHA 300Ato inform all employees form with OSHA annually for any employerof their right to report a with more than 20 employees. All employers with more than 20 employees during thework-related injurycalendar year will be required to electronically submit the OSHA 300A prior to July 1, 2017,location of your current OSHA poster) the July 1, 2018, and March 2, 2019. After March 2,April 2015 OSHA poster titled Job Safety and 2019, these employers will be required to fileHealthIts the Law. This poster may be found the OSHA 300A form by March 2 of each year.on the OSHA website at www.osha.gov. Employees with 250 or more employeesEmployers procedures for reporting during the calendar year will have an additionalwork-related illnesses and injuries must be requirement each year beginning with calendarreasonable and must not deter or discourage year 2018: they will be required to electronicallyemployees from reporting. This effort by OSHA 44 www.mrca.orgMidwest Roofer'