Workers in “high-hazard industries” here in Illinois, Indiana, and the rest of the nation will be better protected against work accident injuries and illnesses next year, when a new reporting regulation goes into effect. See, “OSHA’s revised recordkeeping rule to go into effect Jan. 1,” published by Safety and Health on July 17, 2023.
Worker Alert: New Worker Injury Reporting Rule for Employers Effective January 2024
On July 17, 2023, the Department of Labor (“DOL”) issued its news release announcing a new work safety regulation. The Final Rule (29 CFR 1904) will be effective on January 1, 2024.
It is important for workers in our part of the country to be aware of this regulatory change. Why? It is hoped that demanding these reporting changes in worker injury and illness will motivate employers to do better in meeting their duties to keep workers safe in some of our most dangerous workplaces.
As explained by the DOL, the new rule mandates the following submission requirements:
- It applies only to the defined high-hazard industries.
- It applies to those with at least 100 employees.
- It requires these employers to submit their information regarding work-related injuries electronically.
- It also requires this submission for work-related illnesses.
- Certain forms must be used: Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report, and these are in addition to their submission of Form 300A-Summary of Work-Related Injuries and Illnesses.
- Employers must use their legal company name for all these electronic submissions.
- It keeps the current requirements for electronic submission of information from Form 300A from establishments with 20-249 employees in certain high-hazard industries.
- It also keeps the current requirements for those with 250 or more employees in industries that must routinely keep OSHA injury and illness records.
For workers employed by companies with at least 100 employees in a “high hazard industry,” the new 2024 electronic reporting rule will force the revelation of accident and illness information for that company where it can be read and reviewed online by the public (including the worker, their loved ones, their advocates or investigators, safety agencies, and more).
OSHA Website Access to Work Injury and Illness Information
As explained by the DOL, the Occupational Safety and Health Administration (“OSHA”) will publish the data that has been electronically submitted pursuant to the new Final Rule on its website. The reason this will be made available online is “…to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers and the general public to use information about a company’s workplace safety and health record to make informed decisions. OSHA believes that providing public access to the data will ultimately reduce occupational injuries and illnesses.”
From OSHA Assistant Secretary Doug Parker:
“Congress intended for the Occupational Safety and Health Act to include reporting procedures that would provide the agency and the public with an understanding of the safety and health problems workers face, and this rule is a big step in finally realizing that objective. OSHA will use these data to intervene through strategic outreach and enforcement to reduce worker injuries and illnesses in high-hazard industries. The safety and health community will benefit from the insights this information will provide at the industry level, while workers and employers will be able to make more informed decisions about their workplace’s safety and health.”
Of note, companies with less than twenty (20) employees do not have any electronic reporting requirements under the current or new rules.
What are the High Hazard Industries?
The online revelations will only apply to workers in the defined “high hazard industries.” These are defined in Appendix A of Subpart E of 29 CFR 1904.
This list includes some of the most dangerous worksites here in Indiana and Illinois, such as:
- Agriculture, forestry, fishing and hunting.
- Utilities.
- Construction.
- Manufacturing.
- Scheduled air transportation.
- General freight trucking.
- Specialized freight trucking.
- Urban transit systems.
- Interurban and rural bus transportation.
- Taxi and limousine service.
- School and employee bus transportation.
- Charter bus industry.
- Other transit and ground passenger transportation.
- Scenic and sightseeing transportation, land.
- Support activities for air transportation.
- Support activities for rail transportation.
- Support activities for water transportation.
- Support activities for road transportation.
- Other support activities for transportation.
- Warehousing and storage.
- Waste collection.
- Waste treatment and disposal.
- Remediation and other waste management services.
- Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance.
Some of these workers are on the job in notoriously dangerous workplaces, where safety advocates and government researchers confirm there are shockingly high fatality rates and an unacceptably high number of catastrophic work accidents. For more, read our discussions in:
- Dangers Facing Agricultural Workers in Indiana and Illinois
- Construction Worker’s Risk of Dying on the Job Jumps 41% According to New Report
- New OSHA National Emphasis Program Targets Dangerous Warehousing Industry
- Truck Driver Fatalities on the Rise: Fatigue, Speed, and the Trucking Industry
- The Reality of Widespread Industrial Work Accident Deaths in Illinois and Indiana: Warning to Our Workers.
Employers Unhappy with New Online Exposure of Dangers Facing Workers on the Job
In the rule-making process delineated in the Federal Register notice of the new rule, some employers simply argued there was not enough of a reason to require this reporting and its revelation at the OSHA website.
Others voiced their objections because the OSHA website access will “reveal sensitive company information to tort lawyers and union organizers.” Read, “OSHA Plans to Expose Your Injury Data,” written by David Sparkman and published by EHS Today on July 27, 2023.
For those advocating for worker victims and their loved ones in the face of rising fatality and permanent injury trends in these “high hazard industries,” the stance taken by OSHA in support of the new reporting rule is most welcome.
Too many workers and their loved ones are suffering because of horrific dangers on the job. Things are not getting safer on our worksites. The transparency of injuries and illnesses that workers suffer at a particular company may help to turn the tide.
See, Workers Beware: BLS Reports Highest US Worker Death Rate in 5 Years and New BLS Report: Rising Danger of Serious, Nonfatal Industrial Accident Injuries.
Claims for Justice After a Serious or Deadly on the Job Accident in Indiana and Illinois
For those worker victims and their loved ones who are faced with the consequences of a serious or deadly on the job accident, there are avenues for justice in the form of damages defined by both state and federal law.
Employers have legal duties of safety and care which should keep workers protected from harm at work. If a worker is hurt in a work accident, or becomes seriously ill from a work-related cause, then that employer as well as others with possession, custody, or control of aspects of the worksite may have legal liability for that harm. Damages may be available not only for the worker but also for family members.
For more, read:
- Workplace Safety and OSHA Regulations in Indiana and Illinois
- Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Loss of Consortium Damages in Illinois or Indiana Work Accidents
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- Who Can Be Held Liable for Construction Worker Accidents?
The new online revelations of injuries and illnesses suffered by workers at high hazard industries here in Indiana and Illinois may help employees to be better protected from harm. Worksites are very dangerous in many of our biggest industries here in our part of the country. Please be careful out there!
