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Update About OSHA’s Electronic Recordkeeping Rule
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

Sep 8, 2021 01:00 PM in Eastern Time (US and Canada)

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Speakers

Eric J. Conn
Chair, OSHA • Workplace Safety Practice @Conn Maciel Carey LLP
Eric J. Conn is a founding partner and Chair of the national OSHA • Workplace Safety Practice Group at the law firm Conn Maciel Carey LLP, where he focuses his practice on all aspects of occupational safety & health law. Mr. practiced for more than a decade alongside the former first General Counsel of the OSH Review Commission. He represents employers in inspections, investigations and enforcement actions involving OSHA, the CSB, MSHA, EPA and state and local safety related agencies. He also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations. Mr. Conn also conducts and directs attorney-client privileged workplace safety audits, delivers safety training, and helps employers develop and implement compliant safety and health programs. He writes and speaks extensively on safety & health law issues, including authoring chapters in multiple OSHA Treatises.
Lindsay A. DiSalvo
Associate, OSHA and Labor & Employment Practices @Conn Maciel Carey LLP
Lindsay A. DiSalvo is an associate in both Conn Maciel Carey LLP's national OSHA • Workplace Safety Practice Group and Labor and Employment Group, where she focuses her practice on all aspects of occupational safety & health law. Ms. DiSalvo represents employers in inspections, investigations and enforcement actions involving OSHA, the Chemical Safety Board, MSHA, EPA and state and local safety related agencies. She also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations.
Daniel C. Deacon
Associate, OSHA and Labor and Employment Practices @Conn Maciel Carey LLP
Daniel C. Deacon is an Associate in the Washington, DC office of Conn Maciel Carey, working in both the Labor and Employment and OSHA • Workplace Safety Practice Groups. Dan's practice focuses on all aspects of occupational safety & health law and labor and employment law. He represents employers in inspections, investigations and enforcement actions involving OSHA and other state and local safety related agencies.