The controversial Electronic Injury and Illness Reporting rule from OSHA was supposed to go into effect on December 1, 2017, but OSHA has recently delayed that enforcement to allow those affected to become familiar with the new electronic reporting system.
On November 22, OSHA delayed the date by which employers have to submit their injury and illness data to the Injury Tracking Application (ITA) from December 1 to December 15, amounting to a two week delay.
This year, all companies that employ at least 20 employees must submit their OSHA Form 300A. Next year, employers that have over 250 employees will be required to submit forms 300, 300A, and 301 by July 1, 2018. Those with 20-249 employees will still only be required to submit form 300A, also by July 1, 2018. In 2019 and future years, all applicable information must be submitted by March 2.
Not all states are required to submit their reports electronically, as several are covered by OSHA-approved state plans that haven’t adopted the requirement. Those states are: California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming.
OSHA is also continuing to review all of the other requirements of the injury and illness reporting rules and plans to issue a notice in 2018, which could remove or revise certain components.
Multi-employer worksites are extremely common in the construction industry, but they can still make work extremely complicated. One of those complications results when a subcontractor receives a governmental violation, such as an OSHA violation. As a controlling employer on the site, can a general contractor be held responsible for safety hazards of a subcontractor? One court says yes.
After an abundance of delays on rule that would require crane operators to be formally qualified to operate, OSHA finally landed on an effective date of February 7, 2019. After receiving feedback from industry partners, OSHA has decided to delay enforcement for 60 days for contractors who make a “good faith effort” to comply.
As has been expected for a few months now, OSHA has officially removed the requirement for large companies with 250 or more employees to submit OSHA Forms 300 and 301. The administration cited privacy concerns as the reason for the change.
Be careful - owners and contractors are now being held criminally liable for their carelessness and disregard of safety protocols.
Since the 2016 Federal budget was passed, OSHA has increased their maximum citation penalty amount to adjust for inflation on a yearly basis. The 2019 increase has recently been announced.
Last November, Manhattan District Attorney Cyrus R. Vance Jr. announced felonious assault charges against a contractor’s superintendent and a manufacturer’s branch manager after two men suffered horrific injuries on a New York jobsite. Last week, OSHA formally announced citations against the St. Louis, Missouri based contractor.
After an uptick in construction industry fatalities in 2016, a recent Bureau of Labor Statistics report shows that both the amount of construction worker deaths and the rate of fatality dropped in 2017.
At the National Safety Council Congress & Expo on October 23, 2018, OSHA’s deputy director of Directorate of Enforcement Programs, Patrick Kapust, announced their 10 most frequesntly cited safety violations for their fiscal year 2018.
On March 15, 2018, 6 people were killed and 8 others were injured when an under construction pedestrian bridge collapsed in Florida. Several months later, the National Transportation Safety Board (NTSB) released their preliminary report while conducting an official investigation. The NTSB later issued an “Investigative Update” to their preliminary report in August. In Mid-November, the NTSB released a 2nd investigative update, narrowing their root cause theories.