Dive Brief:
- OSHA's recently released final rule on injury reporting and electronic record keeping is causing consternation amongst employers, according to a recent blog post. Some are concerned that such a rule will be a form of "public shaming" if data is not interpreted properly.
- Julie Ferguson, of Lynch Ryan & Associates, a Mass.-based employer consulting firm, outlined at the Workers' Comp Insider blog that the OSHA rule, among things, requires certain hazardous industries to submit injury/illness data electronically and open it up to online public access. In addition, OSHA's rule means employers must inform employees of their reporting rights and can't deter or discourage injury reporting in any way.
- Most large employers (250+) are now required to submit data electronically, and high hazard industries with 20-249 employees must also comply.
Dive Insight:
On one side, Ferguson reports, OSHA and labor groups believe the new rule will "modernize reporting and offer transparency that fosters safer workplaces." OSHA compares the disclosure to authorities publicly posting restaurants' sanitary conditions to encourage owners to improve food safety. On the other side, critics say public posting is akin to a “public shaming,” with the potential that the data may be interpreted improperly or, worse, "exploited by competitors" and others.
One critic, the Risk Management Society (RIMS), said in a statement that inaccurate safety ratings, reporting redundancies and cyber exposures will happen, though OSHA says tough data security measures are in place.
Apart from those concerns, there also is the effect the OSHA rule will have on workplace drug testing.
While no data yet exists on how the rule will play out, pro or con, the employee notification and anti-retaliation requirements take effect Aug. 10, 2016, with phased in e-data submissions beginning on Jan. 1, 2017.
