Workshop II
OSHA’s New Electronic Reporting Rule … How to Prepare and Comply
Wednesday, March 22, 2017 11:15 a.m. to 12:30 p.m.
Workshop II OSHAs New Electronic Reporting Rule How to Prepare - - PDF document
Workshop II OSHAs New Electronic Reporting Rule How to Prepare and Comply Wednesday, March 22, 2017 11:15 a.m. to 12:30 p.m. Biographical Information William H. Haak, Founder, Haak Law LLC Cleveland, Ohio 216.772.3532
OSHA’s New Electronic Reporting Rule … How to Prepare and Comply
Wednesday, March 22, 2017 11:15 a.m. to 12:30 p.m.
Biographical Information
William H. Haak, Founder, Haak Law LLC Cleveland, Ohio 216.772.3532 whh@haaklawllc.com William H. Haak is the Founder of Haak Law LLC (www.haaklawllc.com) – an environmental, health & safety legal and consulting firm based in Cleveland, Ohio. He has more than 15 years
environmental law (including extensive experience in air pollution control law and multi-media environmental compliance). Mr. Haak practices nationally in the United States and consults globally on all matters related to the EHS field (plus security and crisis management).
Reserve University School of Law (J.D. with an emphasis on litigation and trial practice). Following law school, he worked as an Assistant Attorney General in the State of Ohio Attorney General’s Environmental Enforcement Section. As counsel to Ohio EPA, Mr. Haak’s practice was focused primarily on civil and administrative air pollution control cases. During his time with the Attorney General’s Office, Mr. Haak resolved civil environmental enforcement actions resulting in civil penalties totaling approximately $4 million. Prior to forming Haak Law LLC, Mr. Haak was Senior EH&S Counsel for General Electric. He supported GE’s Appliances and Lighting Businesses, and was engaged in complex air permitting issues for other GE businesses nationwide. Mr. Haak has also been Associate General Counsel – EH&S for Hexion Specialty Chemicals in Columbus, Ohio, and Senior Regulatory Law Counsel for Owens Corning in Toledo, Ohio. He served overseas in the former Soviet Union (Ukraine) as an Environmental Enforcement Specialist with the American Bar Association’s Central & East European Law Initiative ("ABA/CEELI"). Haak is a frequent lecturer to attorneys, engineers, and environmental professionals on topics concerning federal and state air pollution law. In addition, he has taught as an adjunct faculty member at the University of Central Florida in Orlando and Columbus State in Columbus, Ohio. Since 2005, Haak has taught classes focusing on Air Pollution Law and Occupational Safety and Health Law at The University of Toledo College of Law as an Adjunct Professor. Kaleb J. Brankamp, ES&S Attorney Marathon Petroleum Company LP 539 South Main Street, Rm. 968-M, Findlay, OH 45840 kbrankamp@marathonpetroleum.com Kaleb Brankamp is in-house legal counsel for Marathon Petroleum Company LP. Kaleb joined the HES&S Law group at Marathon in 2015 focusing primarily on OSHA compliance and enforcement matters, including process safety management compliance. In addition, Kaleb advises his client concerning security-related legal issues. Kaleb holds a juris doctor degree from Capital University and a bachelor of arts degree from The Ohio State University. Prior to joining Marathon, Kaleb worked for 2 years at the law firm Porter, Wright, Morris & Arthur and spent 5 years in-house legal counsel for Konecranes, Inc.
March 22, 2017
William H. Haak Kaleb J. Brankamp Haak Law LLC Marathon Petroleum
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
Injury Data Electronic Submission
Reporting to OSHA (via secure website):
1. Establishments w/ 250+ employees must annually submit to OSHA injury and illness information from their OSHA 300 Logs, 301 Incident Reports, and 300A Annual Summaries 2. Establishments w/ 20+ employees (but fewer than 250) in certain so‐called “High Hazard Industries” must annually submit information from their 300A Annual Summaries Establishments = “Single physical location where business is conducted or where services or industrial operations are performed.”
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Key Reporting Deadlines
Recordkeeping Forms for Year
2016 2017 2018 and thereafter
Establishments w/ 250+ employees
300As 300 Logs, 300As & 301s 300 Logs, 300As & 301s
Establishments w/ 20‐249 employees
300As 300As 300As
Deadline to Submit Forms
July 1, 2017 July 1, 2018 March 1, 2019 (& March 1st each subsequent year)
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Publication of Electronic Data
OSHA intends to make the data it collects public on its Web site
What about personally‐identifiable information?
employee address, name of treating physician or health care provider)
information before OSHA posts the data
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Current Litigation
Industry groups filed suit on July 8, 2016 in District Court for the Northern District of Texas challenging the anti‐retaliation provisions of the new rule. Plaintiffs’ also sought a preliminary injunction preventing the Department of Labor from enforcing the anti‐retaliation provisions. On Nov. 28, 2016, the court denied the plaintiffs’ motion for preliminary
the final Rule has not yet been made. Compliant was recently amended to add challenges to the provision of the rule that would result in on‐line publication of establishment‐specific injury and illness information.
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Employee Notification Requirements
As of December 1, 2016, employers must inform employees of the following:
– “Reasonable” reporting procedures are required – Does the procedure make reporting so difficult or complicated that a reasonable employee would be discouraged from reporting an injury or illness?
against employees for reporting work‐related injuries or illnesses
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Employee Notification Requirements, Cont’d.
OSHA’s new workplace poster is accepted as providing the required notice to employees concerning the right to report work related injuries free from retaliation https://www.osha.gov/Publications/
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New Retaliation Enforcement Tool
Final Rule allows OSHA to issue citations to employers for retaliating against employees for reporting work‐related injuries and illnesses and require abatement even if no employee has filed a section 11(c) complaint.
Actions that OSHA believes could discourage a reasonable employee from reporting a work‐related injury:
situational awareness”), especially only after injuries
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Late Injury Reporting (Sec. of Labor v. US Steel)
Two employees were suspended without pay for five days as a result of failing to report their injuries within the required time under the US Steel reporting policy, which requires employees to report all injuries or illnesses “immediately”. The two employees filed retaliation complaints with OSHA, alleging that the Company had violated §11(c) of the OSH Act. The DOL agrees and filed suit against US Steel. DOL stated that US Steel’s immediate reporting requirement creates “a barrier for reasonable employees to report workplace injuries”. The parties settled the suit on July 15, 2016. Included in the settlement is a sample of an injury or illness reporting policy that OSHA apparently considers to be compliant.
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HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
What About Your Substance Testing Program?
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
New OSHA 300 Log Recordkeeping Obligations
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services