OSHA Proposes Changes to Recordkeeping Requirements — NAICS Update and Reporting Revisions

In the June 22, 2011 Federal Register, OSHA  published a proposal to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulations. Appendix A contains a list of industries that are partially exempt from maintaining records of occupational injuries and illnesses, generally due to their relatively low rates of occupational injury and illness.  The current list of industries is based on the Standard Industrial Classification (SIC) system. In 1997, the North American Industry Classification System (NAICS) was introduced to classify establishments by industry. The proposed rule would update Appendix A by replacing it with a list of industries based on NAICS and more recent injury and illness data.

When OSHA issued its revised recordkeeping rules in 2001, the agency continued to use the SIC code system because injury and illness data were not yet available based on the NAICS. OSHA is also updating Appendix A in response to a 2009 Government Accountability Office report recommending that the agency update the coverage of the relevant recordkeeping requirements using the newer NAICS codes.

The proposed rule would also revise injury and illness reporting requirements.  Under the proposed rules, employers will be required to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. The current regulation requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees.  Currently reporting of amputations is not required.  The proposal defines an amputation as follows: 

". . . the traumatic loss of a limb or other external body part, including a fingertip. In order for an injury to be classified as an amputation, bone must be lost. Amputations include loss of a body part due to a traumatic incident, a gunshot wound, and medical amputations due to irreparable traumatic injuries. Amputations exclude traumatic injuries without bone loss and exclude enucleation (eye removal). A reportable amputation under the proposed rule would include those that occur at the workplace as well as those that occur in a hospital as a result of a work-related event."

DATES:  OSHA is requesting public comment on the proposed revisions.  The preamble to the proposed rule asks specific questions about issues and potential alternatives.  Written comments must be submitted by September 20, 2011.

To educate employers and employees on the proposed changes, OSHA updated its Recordkeeping Web page to include answers to frequently asked questions regarding the proposed rule.

For a copy of the proposed rule and information about submitting comments see the file attached below.