OSHA Final Rule: Electronic Reporting and the End of Blanket Post-Injury Drug Testing

The U.S. Occupational Safety and Health Administration (OSHA) recently published a final rule to “Improve Tracking of Workplace Injuries and Illnesses.”  The full text of the rule can be found here.  The rule requires electronic submission of work related injury data for some employers. In addition, the rule serves to prevent employers from illegally discriminating and/or retaliating against employees for reporting work related injuries and illnesses.  This means employers may no longer be able to use post-injury drug testing for all work related injuries. The new rule will be enforced beginning November 1, 2016.

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OSHA Issues New Mandatory Reporting Requirements for Serious Injuries; Data to be Made Public

On Sept. 11, 2014, the Occupational Safety & Health Administration (OSHA) announced a final rule which greatly expands the scope of injuries that must be reported to OSHA on an expedited basis.  Currently, employers only have an affirmative obligation to report an injury/illness to OSHA under the following circumstances:

  1. A work-related fatality (within 8 hours)
  2. The hospitalization of three or more employees (within 8 hours)
  3. The occurrence of a point-of-operation injury on a mechanical power press (within 30 days).

Under the revised standard, an employer has the following mandatory reporting obligations effective Jan. 1, 2015:

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