There are several items at the Occupational Safety and Health Administration that should be on employers’ radars in 2024.

1. New injury reporting rules for certain industries take effect in January 2024, requiring more detailed reporting.

Beginning January 2, 2024, and in order to improve the tracking of workplace illnesses and injuries, OSHA will require electronic submission of OSHA Forms 300 and 301. Additionally, the following new changes and requirements go into effect, which will be applicable to both federal OSHA and states with state plans, including:

• Worksites with 100+ employees in designated high-hazard industries (listed in Appendix B to Subpart E of 29 CFR Part 1904) must electronically submit to OSHA detailed information about each recordable injury and illness entered on their previous calendar year’s OSHA Form 300 Log and Form 301 Incident Reports (29 CFR 1904.41). Data that impacted industries are already obligated to collect and retain, including the date, physical location, and severity of the injury or illness; details about the worker who was injured; and details about how the injury or illness occurred, will now also need to be submitted to OSHA.

• The new system retains the requirement for establishments with 250+ employees in industries that must routinely keep records to submit the OSHA Form 300A Annual Summary and each establishment must provide their legal company name when submitting their data. OSHA has announced it is setting up an ITA Coverage Application to help establishments determine whether they have to comply with these new requirements.

The amount of new data going to OSHA under these new rules is extensive. OSHA estimates approximately 50,000 establishments will now be required to submit their case-specific injury and illness data, which will result in reports on approximately 750,000 injury/illness cases annually. According to OSHA, establishments with 100+ employees in higher hazard industries represent fewer than one percent of establishments in the country but nearly 30 percent of all reported injuries and illnesses. OSHA plans to use the data to help it identify establishments with specific hazards, and to allow for direct interaction and outreach to these establishments to address the hazards and improve worker safety and health. OSHA also expects the data will allow it to better analyze injury trends related to specific industries, processes or hazards. Finally, OSHA plans to make most of the data available to the public.

The data must be electronically submitted annually through OSHA’s Injury Tracking Application (ITA). The ITA will begin accepting 2023 data on January 2, 2024, and all data must be submitted by no later than March 2, 2024.  

2. Changes to who can accompany OSHA inspectors during investigations.

The initial comment period for a proposal to change regulations and allow employees to designate non-employee representatives to accompany OSHA inspectors has closed. The issue remains in the regulatory process. We may see new regulations proposed in 2024.

3.  Status of the Occupational Safety and Health Review Commission.

The Occupational Safety and Health Review Commission is down to one member following the end of Commissioner Amanda Wood Laihow’s term on April 27, 2023. Until the Senate confirms a second member, the Commission remains below quorum and cannot decide appeals. While this has happened before, it remains to be seen on how long this will last with the many other issues currently before Congress.

4.   2022 OSHA Fatality Data

OSHA has announced final data for year 2022 fatalities on its website. In 2022, 5,486 workers in the United States died on the job, with deaths the highest among transportation and construction workers. Black workers’ fatality rates increased by 12.4 percent, and Hispanic workers’ fatality rates grew by 10.4 percent. These statistics will likely be used in inspections and enforcement issues CSHOs look at next year. 

For further information about developments related to OSHA or workplace health and safety, contact Mark Heath, Co-Chair of Spilman’s OSHA Practice Group.