In May 2016, the Occupational Safety & Health Administration (OSHA) published a new recordkeeping rule, titled “Improve Tracking of Workplace Injuries and Illnesses,” fundamentality changing the process and purpose of employer reporting of work-related injuries and illnesses. The rule became effective Jan. 1, and has three primary components. First, it requires employers to electronically submit injury and illness recordkeeping forms to OSHA, which OSHA will then make available in a public database. Second, it requires employers to establish undefined “reasonable” procedures for employees to report injuries. Third, it gives OSHA authority to address alleged discrimination and retaliation against employees for reporting a work-related injury or illness even in the absence of an employee complaint.
In January, the U.S. Poultry & Egg Association, National Chicken Council and National Turkey Federation joined the National Association of Home Builders, the U.S. Chamber of Commerce and other state-level groups in a lawsuit challenging the lawfulness of the revised rule.