The Coalition for Workplace Safety (CWS) submitted comments to the U.S. Occupational Safety & Health Administration requesting a withdrawal of the Notice of Proposed Rulemaking (NPRM) titled Improve Tracking of Workplace Injuries and Illnesses.
As stated in the letter, the supplemental notice seeks to:
- require employers to inform employees of their right to report injuries and illnesses;
- require that any injury and illness reporting requirements established by the employer be reasonable and not unduly burdensome; and
- prohibit employers from taking adverse action [termination, reduction in pay, reassignment to less desirable position] against employees for reporting injuries and illnesses.
Currently, the proposed rule is vague and is contradictory to other labor laws. The letter characterizes OSHA’s rulemaking as exceeding the bounds of statutory authority with no regulatory text to comment from. It also points to the reasoning behind the rule as coming from anecdotal data.
CWS states that there is no indication that current recordkeeping requirements are ineffective and the proposed requirements will have a direct impact on further protecting the integrity of injury and illness data. IWLA will stay on top of this issue to see how OSHA responds. Stay tuned.