Presented by Eric J. Conn, Lindsay A. DiSalvo, and Dan Deacon
OSHA’s controversial E-Recordkeeping Rule has been challenged and criticized by stakeholders since its inception, with expectations that OSHA under a Trump Administration may significantly narrow or even rescind it. Despite issuing an amended rule, the Trump Administration did very little to narrow its impact on employers, and did nothing to alleviate concerns about the collection and publication of injury data or the problematic provisions affecting post-injury drug testing and safety incentive programs. To the contrary, Trump’s OSHA moved forward with publishing employer injury and illness data on a publicly searchable database.
OSHA is also actively enforcing both the recordkeeping and anti-retaliation elements of the rule, and OSHA even promulgated a site-specific targeting program (SST-16 Plan) based on employer 300A data collected under the E-Recordkeeing Rule. Even more enforcement of the rule is expected 2021 as the Biden Administration takes the reins, and a new site-specific targeting plan is likely on the horizon. Under the new Biden Administration, it is also highly likely the Rule will be amended again to restore its original intent to collect of 300 logs and 301 incident reports.
During this webinar, participants will learn about:
• History and Future of amendments to the E-Recordkeeping Rule
• Overview of OSHA’s public listing of employer injury and illness data
• Observations about the injury data submitted to OSHA
• OSHA enforcement of the E-Recordkeeping Rule and the SST Program
• Update on the various legal challenges related to the rule