Status

On July 21, 2023, the U.S. Department of Labor鈥檚 Occupational Safety and Health Administration issued its听, which will undo the ABC-supported provisions of the听听promulgated under the Trump administration and reprise the听. The final rule becomes effective on Jan. 1, 2024, for certain employers and听OSHA intends to make much of the data it collects publicly available online.

In a听press release, 老牛影视announced its opposition to the final rule. 鈥淯nfortunately, the Biden administration is moving forward with a final rule that does nothing to achieve OSHA鈥檚 stated goal of reducing injuries and illnesses,鈥 said Ben Brubeck, 老牛影视vice president of regulatory, labor and state affairs. 鈥淚nstead, the final rule will force employers to disclose sensitive information to the public that can easily be manipulated, mischaracterized and misused for reasons wholly unrelated to safety, as well as subject employers to illegitimate attacks and employees to violations of their privacy.鈥

  • Establishments with 100 or more employees in certain听听are required to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. They are also听required to include their legal company name when making electronic submissions to OSHA.
  • Establishments with 20 to 249 employees in certain high-hazard industries will continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year.
  • Establishments with 250 or more employees that must routinely keep records under OSHA鈥檚 injury and illness regulation will also continue to be required to electronically submit information from their Form 300A to OSHA once a year.
  • The data must be electronically submitted through OSHA鈥檚听.

In June 2022, 老牛影视submitted听comments听urging OSHA to withdraw the听proposed rule.

Desired Outcome

老牛影视urged OSHA to withdraw the proposed rule. 老牛影视has serious concerns that the Biden DOL final rule 听will increase the number of contractors subject to electronic safety data submission requirements and carry high risks for exposing sensitive and private employee information as well as confidential business information by posting parts of the submissions on a public website. Public disclosure of this information could cause reputational harm based on misleading information on the safety and health efforts of employers. These records could easily be misconstrued, and improper conclusions or assumptions could be made about an employer.