On May 21, 2018, MN OSHA officially adopted Federal requirements under 29 CFR 1904.41 “Electronic submission of injury and illness records to OSHA”.
This is a Federal OSHA requirement that will require some employers to start submitting data on their workplace injuries and illnesses to Federal OSHA, using an online tool created by OSHA. Minnesota employers covered by this requirement must be in compliance by July 1, 2018. The records that must be submitted include the OSHA form 300, and 300A, which most employers are already required to maintain. The difference now is that the employers must actually submit the records to Federal OSHA, rather than merely maintaining them and submitting them only upon OSHA request.
In most states, the new requirements apply only to establishments (not employers…”establishments”) with:
- 250 or more employees
- 20 to 249 employees, but who are in industries identified as “high hazard.” You can see a list of these industries here.
However, in Minnesota, the list of covered industries has been expanded to include ALL North American Industrial Classification System (NAICS) codes, so ALL Minnesota establishments with more than 20 employees will be required to comply.
OSHA believes that this requirement will accomplish several things. Primarily, OSHA argues that analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. In other words, they will use data to trigger inspections of employers and industries submitting worrisome data.
Employer’s data will also be posted to the OSHA website. OSHA believes that public disclosure of an employer’s safety performance will encourage employers to improve workplace safety and will provide valuable information to workers, job seekers, customers, researchers and the general public.
The rule also prohibits employers from discouraging workers from reporting an injury or illness. The rule requires employers to inform employees of their right to report work-related injuries and illnesses and be free from retaliation for doing so, clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting, and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses.
Please contact Sotera Consulting, LLC at 612 597 6463 if you have questions, or feel free to comment below.