b'Garys CornerupdateGary Auman, MRCA Legal CounselElectronic Recordkeeping it becomes much more important for July 1st of T he anticipated completion of the2018 when establishments with more than 250 new OSHA standard for electronicemployees will have to file not only the 300As recordkeeping has finally been issued.for 2017, but also all the OSHA 300s and 301s. The date by which all employers with more thanAn establishment is defined in 29 CFR 1904.46 twenty employees in any establishment must beas a single physical location where business reported by December 1st of this year. In fact, theis conducted or where services or industrial site is up right now for anyone who wants to getoperations are performed. In industries such as their 300As filed before the deadline. However,construction, an establishment is represented by I am not advising this course of action. Manymain or branch offices that either supervise such things can occur between now and December 1st. activities or are the base from which employees The Trump administration has not been too kindcarry out these activities. There is more detail to OSHA. The number of enforcement activityprovided in this section, but they deal with is down from 2016. The development of manyexceptional situations. The basic definition for standards has been delayed or cancelled. So, therean establishment is as stated above and found in is a chance that the filing deadline or some of the1904.46. guidelines surrounding the standard could beDo not lose sight of the other critical part of changed. You may want to get your 2017 OSHAthe new electronic recordkeeping rule. Of course, 300A ready to go by November 1st and plan to fileI am referring to the anti-retaliation provisions it the first or second week of November if nothingwhich went into effect on December 1, 2016. If occurs to further delay the enforcement date oryou have not already reviewed your on-the-job affect the information to be filed. To find the siteinjury reporting protocols you need to get that for reporting, you need to go to www.osha.govaccomplished ASAP. Your procedure cannot and follow the links to the site location and thebe too complicated and must not penalize an format for reporting. employee for not reporting within a fixed time period. You can, however, require employees to You can, however,report as soon as possible following the injury. If you decide to take this approach, I suggest require employeesjustifying it by stating that in order to investigate to report as soon asany on-the-job injury to prevent a hazard from resulting in the injury of another employee, you possible following theneed to know about the initial injury as soon as is injury reasonably possible. Also, this new rule reenforces my advice (given many times) for the regular and In the first paragraph I spoke of establishment.consistent enforcement of your safety discipline This may be an important concept for yourprogram. This is going to be the only way you company. The concept may not be important atwill be able to demonstrate that you have not this time since only your OSHA 300A will havedisciplined an employee following their injury to be filed. Of course, if you can identify separatebecause they violated a safety rule which resulted establishments, each with fewer than twentyin their injury.employees, you will not have to file anything. But,The New OSHA Respirable Silica Standard 36 www.mrca.orgMidwest Roofer'