Page 45 - Free State Spring 2022 - June FINAL

Next year’s Adverse Effect Wage Rate available to the public. The new the change in 2019 was protection of
increase is likely to be steep given the proposed rule would: worker privacy by preventing regular
ongoing inflation and labor market collection of sensitive information
• Require establishments with 100 or
pressures. Reform legislation, if it were including injury descriptions and body
more employees in certain high-
enacted, would at least feature a one- parts affected, which could become
hazard industries to electronically
year wage freeze and a cap on annual subject to public release via Freedom
submit information from their OSHA
increases, if not a broader change in of Information Act (FOIA). The Trump
Forms 300, 301 and 300A to OSHA
wage methodology. Administration change notably
once a year.
Craig Regelbrugge received opposition from organized
• Remove the current requirement for labor, including the AFL-CIO. OSHA
OSHA Eyes Another Change to Injury
establishments with 250 or more is currently seeking comments on its
and Illness Recordkeeping
employees not in a designated proposal and final rules are potentially
The U.S. Department of Labor (DOL) industry to electronically submit a way off.
Occupational Safety and Health information from their Form 300A to
Laurie Flanagan and Evan Lee
Administration recently proposed OSHA annually.
amendments to its occupational injury
• Update the classification system
and illness recordkeeping regulation. Craig J. Regelbrugge
used to determine the list of
The proposed rule marks the third Executive Vice President
industries covered by the electronic Advocacy, Research &
consecutive presidential administration
submission requirement. Industry Relations
to pursue a change in employers’ 202-789-8111
injury and recordkeeping requirements. • Require establishments to include
their company name when making Laurie Flanagan is the
The current regulation, revised in electronic submissions to OSHA. Executive Vice President
2019, requires specific employers to at D.C. Legislative and
electronically submit injury and illness The latest proposal tracks closely Regulatory Services, Inc.
information (that they are required with the Obama Administration’s
to keep) to OSHA. The agency then rule, which the Trump Administration Evan Lee is Director
utilizes these reports to identify and amended to eliminate the requirement of Policy and
respond to emerging hazards and for submitting forms 300 and 301 Government Relations at
makes aspects of the information electronically. OSHA’s justification for AmericanHort.

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