The Occupational Safety and Health Administration (OSHA) has recently issued a new final rule revising its Recording and Reporting Occupational Injuries and Illnesses policy. The new rule now requires certain employers to electronically submit injury and illness reports. The new rule will also prohibit employers from discouraging or retaliating against employees from making these reports. OSHA is broadly interpreting the definition of “discourage” to ensure that employees are not being deterred from making these reports.

Electronic Reporting Provisions

Starting July 1, 2017, certain employers will be required to electronically submit the injury and illness data that they are currently required to record.

Anti-Retaliation Provisions
Starting November 1, 2016 OSHA will begin enforcing the new anti-retaliation provisions. Under these new rules, employers must:

  • Inform employees of their right to report work-related injuries and illnesses without retaliation
  • Have a reasonable reporting procedure that does not discourage employees from reporting their illnesses and injuries
  • Allow employees and their representatives access to their injury and illness records

If you have any questions about your obligations as an employer, please contact us at or reach out to your Mitzel Group, LLP attorney directly.