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OSHA issued a notice on July 28, 2018 that it is planning to withdraw the requirement that work sites with 250 or more employees submit certain types of injury and illness documents.  Under a rule issued during the Obama Administration, OSHA had planned to require the submission of Form 300, annual summary of every work-related injury or illness requiring more than first-aid treatment, and Form 301, the details of each case, to OSHA electronically.  OSHA planned to use this data to target inspections and to publicly "shame" high-hazard employers.  The third portion of the previous rule remains in effect, however, Form 300-A, listing the number of injuries and illnesses and calculation of the number of cases per every 100 full-time employees.  This latter form was supposed to be submitted for 2017 to OSHA by July 1 of this year.   Some business groups are complaining about the fact that a portion of the prior rule restricting drug testing and safety incentive programs was not also removed.  These provisions allow OSHA to cite employers alleged to have discouraged workers from reporting safety or health concerns to supervisors.

Wimberly, Lawson, Steckel, Schneider & Stine

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