OSHA Issues Final Rule Rescinding Certain Recordkeeping Requirements And Clarifying Guidance On Drug Testing And Incentive Programs

The Occupational Safety and Health Administration (OSHA) recently issued a final rule rescinding major portions of its electronic reporting rule. Specifically, the rule (1) amends the recordkeeping rules for employers with 250 or more employees; (2) further clarifies OSHA's position on post-incident drug testing and workplace incentive programs; and (3) reaffirms OSHA's position that certain injury and illness data can be used to expand the scope of an on-site inspection. The rule takes effect on February 25, 2019.

Electronic Submission of Injury and Illness Information

The Occupational Safety and Health Act of 1970 (29 U.S.C. §651 et seq.) established workplace safety standards and delegated authority to the Secretary of Labor to enforce those standards. Among other provisions, the Act requires employers to record work-related injuries and illnesses on three separate OSHA forms.  The OSHA Form 300 is a log of work-related injuries and illnesses. The OSHA Form 301