OSHA Issues Final Rule to Roll Back Electronic Reporting Requirements After Concerns About Employee Privacy

Earlier this year, OSHA updated its electronic reporting rule after concerns that reports on workplace injuries and illnesses contain employees’ personal information. The agency also explained that under the original rule, it was possible for this information to be disclosed publicly through a Freedom of Information Act request or OSHA’s Injury Tracking Application.

The new final rule only requires certain establishments to submit data from OSHA Form 300A, and became effective on Feb. 25. Previously, establishments with 250 or more employees were also required to submit forms 300 and 301. While this requirement was removed before the March 2 deadline to submit data, OSHA stated that it’s likely that many employers automatically submitted data from all three forms, and using software to remove personal details won’t be 100 percent effective.

Some organizations believe the final rule will negatively affect workplace safety, and six states filed a lawsuit against OSHA in an attempt to reinstate the original electronic reporting requirements. However, others believe that the final rule still allows the agency to collect a summary of workplace injuries and illnesses without revealing potentially harmful personal information.