Tennessee OSHA to Adopt Upcoming Changes for Tracking Workplace Injuries and Illnesses

Thursday, August 04, 2016 | 03:28pm

NASHVILLE – The Occupational Safety and Health Administration recently changed the Recordkeeping rule (29 CFR 1904) and added additional rules that employers must follow.  The new rule, which takes effect January 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently.

Employers should take steps as soon as possible to:

  1. Establish reasonable procedures for employees to follow when reporting a work related injury or illness.  These procedures must not deter or discourage a reasonable employee from reporting an injury or illness. 
  2. Inform employees about this reporting procedure including the right to report injuries or illnesses without the fear of discrimination or discharge.
  3. Ensure that employees are not discriminated against, in any manner, for reporting injuries or illnesses.  TCA 50-3-409 prohibits employers from discriminating against employees for exercising any right afforded by the Tennessee OSH Act, including reporting injuries and illnesses.  This requirement is not new.
  4. Provide access (subject to limitations established in the rule) to the OSHA 300 log to employees, former employees, and their authorized representatives when requested. 
  5. Employers with 250 or more employees and employers with 20 or more employees in selected industries will be required to submit the OSHA 300A Summary electronically in 2017.  A national webpage will be established to facilitate this reporting.  In 2018 employers with 250 or more employees will also be required to submit the OSHA 300 and the OSHA 301 in addition to the OSHA 300A. 

As a result of these changes, many questions have arisen about how this rule may affect drug-testing programs.  The new rule does not specifically address drug testing, however OSHA discussed, in the federal register, how the agency foresees the application of this rule to drug testing programs when they are used to discourage or discriminate against employees who report injuries or illnesses. 

The Tennessee Drug Free Workplace statute requires employers participating in the program to drug test employees following an accident.  Post-accident testing is only one element of the comprehensive program.  Many employers in Tennessee model their anti-drug use policy after this program. Tennessee OSHA recommends employers continue to follow all elements of the DFWP program and to take steps to assure employees understand they will not be discriminated against for reporting injuries or illnesses.  Like any new requirement, the full impact of this new rule will evolve in the coming months.   

Tennessee OSHA is currently in the process of adopting the new rule and it is anticipated that the rule will be effective by January 1, 2017. For more information, visit the following links Tennessee Drug Free Workplace and OSHA Recordkeeping Rules.

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