Executive Summary
Overview: In March 2016, the Occupational Safety and Health Administration (OSHA) issued its Revised Procedures, Revised Interim Enforcement Procedures for Reporting Requirements. The Revised Procedures include two significant departures from the previous guidance:
- Increasing the maximum fine to $5,000 for failing to report a reportable incident within 24 hours of learning of the incident.
- Monitoring of closed Rapid Response Investigations (RRIs) based on randomized selection of closed cases, creating a potential for an onsite investigation after OSHA informs an employer an RRI is closed.
Coverage: All employers who are subject to regulation by OSHA.
Action Required: Contact your ADP Risk and Safety Consultant if you have any questions regarding this update.
The Details
Shortly before OSHA’s new injury and illness reporting requirements came into effect in January 2015, OSHA issued Interim Enforcement Procedures for New Reporting Requirements under 29 C.F.R. 1904.39. These interim procedures served as enforcement guidance for Area Offices and compliance officers when issuing citations to employers for failing to report injuries under the new requirements. In early March 2016, the Agency issued revised enforcement procedures, Revised Interim Enforcement Procedures for Reporting Requirements under 29 C.F.R. 1904.39, due to the “influx of workplace incident reports to OSHA and the field’s experiences with the new reporting requirements.” The revised procedures include two significant departures from the previous guidance:
- Maximum fine increased for failing to report a reportable incident within 24 hours of learning of the incident. Previously, the maximum fine was $1,000 with an option to reduce the fine for, e.g., small businesses. The maximum fine is now set at $5,000 with the same reductions still available. This does not, however, change the Area Director’s authority to raise the unadjusted penalty as high as $7,000 if the agency “determine[s] that it is appropriate to achieve the necessary deterrent effect.” Under the revised enforcement procedures, the violation will still be classified as other-than-serious.
As a reminder, ADP TotalSource does not report to OSHA on behalf of a client, even if ADP is aware of the reportable event. This remains a client responsibility. Please contact your ADP Risk and Safety Consultant if you are not familiar with your state’s OSHA reporting requirements.
- Monitoring inspections. After an employer has reported a reportable event (fatality, in-patient hospitalization, amputation, or loss of an eye), OSHA makes a decision based on the category of the incident whether to conduct an on-site inspection or an RRI. If an RRI is initiated, OSHA sends a letter to the employer, and the employer must agree to conduct its own internal investigation, take steps to abate any hazards, and provide a written response to OSHA. The new guidance provides for monitoring inspections of closed RRIs “based on a randomized selection of closed investigations.” This means that in some cases where OSHA informs an employer an RRI is closed, the potential remains for an on-site inspection to confirm abatement of the hazardous condition that resulted in the reported injury. The Agency claims this is to ensure accuracy in the reporting and has said that the inspection “will be limited to an inspection of the previously reported condition.” Further, OSHA has said that anything uncovered by the employer in the course of its internal investigation will not be used by the Agency to cite the employer, provided “employees are not exposed to a serious hazard” and “the employer is taking diligent steps to correct the condition.”
ADP is committed to helping you meet your compliance challenges. For additional information on the process of an OSHA inspection or questions about injury and illness reporting, please contact your ADP Risk and Safety Consultant.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.