Just two weeks after its August 1, 2017 launch, the U.S. Occupational Safety and Health Administration pulled down its web-based injury and illness tracking form, citing the possibility of a data breach. It was an inauspicious start for what has been seen – good or bad – as a major turning point for the agency.
While the website is back up, supporters and critics continue to debate the new program, called the Injury Tracking Application. Under ITA, employers with 250 or more workers and who are currently required to keep OSHA injury and illness records must submit all of their injury and illness records electronically by December 1, 2017 – an extended deadline.
Sounds like a no-brainer, right? Yeahhhhhh – not. Business groups have challenged the Obama-era rule in court, some worry that unions could use the data to target corporations, and Trump himself has said he’s not wild about it.
Labor vs. Business?
The criticisms are not without merit. Industry groups complain that under the new rules, customers, competitors, and anyone with an Internet connection can quickly access injury and illness details and history, points out one environmental law firm. Plaintiffs lawyers trolling for defendants will have a heyday.
Local governments can consider the data when reviewing bids for construction contracts or services. And employers could see more exposure to lawsuits over the veracity of workplace safety claims. OSHA has countered some of the claims, though, saying, for example, that it will “remove all personally identifiable information associated with the data before it is publicly accessible.”
The rule also prohibits employers from discouraging workers from reporting an injury or illness. Employers must tell workers of their right to report work-related injuries and illnesses free from retaliation – although an OSHA workplace poster tacked up in the employee breakroom should make that qualification easy.
Employers May Want to Delay Implementation
With all this going on, some say that employers shouldn’t rush to the new site. “Employers will likely want to hold off on submitting the data until their particular deadline arrives. Even if OSHA leaders under the Trump administration decide not to make the data public – and there’s no guarantee of that – the information would still be subject to Freedom of Information Act requests,” the Society for Human Resource Management noted. And in the meantime, employers may want to carefully study other aspects of the law – for instance, whether post-accident drug tests are cool or not.
So Long to ‘Shame and Blame’?
Another related change at OSHA is an apparent end to what critics called “shame and blame” – the agency’s practice of publicly calling out companies that violate OSHA rules. Part of that shift may be due to the Trump administration’s practice of not filling key agency positions, but others see this as an agency-wide shift in tone. Under Obama, press releases noting workplace noncompliance went out frequently – a practice that all but stopped after Trump was sworn in.
Under Obama, some industry groups called the calling out, which typically happens in the form of a press release, derogatory. Those who represent labor, on the other hand, saw them as keeping the public’s eye on safe workplaces. “Trump has both muzzled and tied the hands of the Occupational Safety and Health Administration (OSHA) in his service of big business at the expense of worker safety,” wrote one analyst.
Let a Pro School You on ITA
If you’re confused about what to do next, join occupational safety expert Sheldon Primus when he addresses OSHA’s Injury Tracking Application system in a webinar for AudioSolutionz, “OSHA Recordkeeping Update: Electronic Submittal and Beyond.” Sheldon overviews the system, provides hints on efficient and compliant recordkeeping, and teaches the importance of understanding what is a recordable injury. Company executives, compliance and safety officers, contractors, human resource directors, regulatory and compliance agents, and warehouse managers and employees will not want to miss this information.
