FINAL RULE – OSHA Updates Recordkeeping Requirements

Federal OSHA has published a FINAL RULE today updating the record keeping and reporting requirements in its regulations. The rule, passed a key hurdle late last week as we reported earlier this week. The rule changes the mandatory reporting requirements for notification following an accident.

The revised rule requires that any fatality must be reported to OSHA within 8 hours of the employer being notified of the fatality. It further requires employers to report any amputation, in-patient hospitalization, or loss of an eye within 24 hours. It also updates and clarifies the industries that are exempt from the new reporting requirements.

The current rule has required OSHA notification within 8 hrs for any fatality or catastrophe. A catastrophe has been defined as three or more admitted to the hospital overnight. That has obviously changed.

The  new rule also updates and clarifies exempt industries. The change lists a group of NAICS codes that are exempt. It also clarifies that small businesses with 10 or fewer employees are exempt from the new rule. Unfortunately, cotton gins are not listed in the group of exempt industries (no ag NAICS codes are exempt) and the 10 or fewer is for ANY time during the previous calendar year. So… if at any point in 2013 you had more than 10 employees (Including temporary and seasonal), you are not exempt from this rule.

Reporting can be done to your local office by telephone, the OSHA 800 number or online. OSHA is improving and updating the online reporting tool and we will update with links as we get more information.

Please let us know if you have any questions.