Contact Us
Categories
- SCOTUS
- FTC
- Emotional Support Animals
- Service Animals
- Employee Agreement
- Remote Work
- Federal Trade Commission
- LGBTQ
- Minors
- United States Department of Justice ("DOJ")
- Work from Home
- Arbitration
- Workplace health
- Intellectual Property
- Trade Secrets
- Corporate
- Center for Disease Control
- Americans with Disabilities Act ("ADA")
- FFCRA
- Opioid Epidemic
- Occupational Safety and Health Administration (“OSHA”)
- COVID-19
- IRS
- Temporary Leave
- Treasury
- Coronavirus
- Families First Coronavirus Response Act
- H.R.6201
- Health Care Law
- Paid Sick Leave
- Worker Misclassification
- Labor Law
- Overtime
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- Overtime Rule
- Employer Wellness Programs
- Employment Non-Discrimination Act ("ENDA")
- Genetic Information Nondiscrimination Act ("GINA")
- Independent Contractors
- Kentucky minimum wage
- Minimum wage
- OSHA
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- ADA Amendments Act of 2008 (“ADAAA”)
- Adverse Employment Action
- Department of Labor ("DOL")
- Employee Benefits
- Employee Handbook
- Employee Misconduct
- Employment Discrimination Laws
- Employment Law
- ERISA
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (“FMLA”)
- Human Resource Department
- Kentucky Civil Rights Act (“KCRA”)
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Overtime Pay
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Title VII of the 1964 Civil Rights Act
- U.S. Department of Labor
- Union
- Young v. UPS
- Amazon
- Americans with Disabilities Act
- Bring Your Own Device
- BYOD
- Civil Rights
- Compliance
- Department of Health and Human Services
- EEOC
- Portal-to-Portal Act of 1947
- Security Checks
- Security Screening
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- U.S. Supreme Court
- Uncategorized
- Volunteer
- Creech v. Brown
- EEOC v. Hill Country Farms
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Lane v. Franks
- Micro-unit
- Specialty Healthcare & Rehabilitation Center of Mobile
- "Ban-the-box"
- Bullying
- Citizens United v. Federal Election Commission
- Cloud
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Crystalline Silica
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Illness and Injury Reports
- Job applications
- Kentucky Department of Workers’ Claims
- Kentucky Wage and Hour Act
- McNamara O’Hara Service Contract Act
- Mine Safety and Health Administration ("MSHA")
- NFL Bullying Scandal
- Non-exempt employees
- Northwestern
- Permissible Exposure Level ("PEL")
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Shazor v. Prof’l Transit Mgmt.
- Violence
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- 2013)
- At-will employment
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- COBRA
- Companionship services
- Consumer Credit Protection Act (“CCPA”)
- Defamation
- Defense of Marriage Act (“DOMA”)
- Earnings
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Employee Hazards
- Employee of the Month Programs
- Employee Training
- Endorsements
- Federal Stored Communications Act (“SCA”)
- Federal Workplace Agencies
- Freedom of Speech
- Giant Food LLC
- Government employees
- Government shutdown
- Health-Contingent Wellness Programs
- HIPAA
- Home Health Care Workers
- Jury duty
- KYSHRM 2013
- Madry v. Gibraltar National Corporation
- Mandatory vaccination policies
- Maternity Leave
- Medical Exams
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Defamation
- Participatory Wellness Programs
- Payroll
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Private employers
- Reference checks
- Sequester
- SHRM
- Small Business Administration (SBA)
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- Unfair Labor Practice
- United States v. Windsor
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Wage garnishment
- Contraceptive Mandate
- Employee Arrests
- Employee Forms
- Employee photographs
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- FICA
- Form I-9
- Gatto v. United Airlines and allied Aviation Services
- House Labor and Industry Committee
- Job Description
- Job Requirement
- Kentucky’s Whistleblower Act
- KRS 391.170
- Litigation
- Municipal Liability
- Online Account Protection
- Patient Protection and Affordable Care Act
- Play or Pay
- Posting Requirements
- Public Sector Liability
- Record Retention
- Religious Employer
- Right to Work Bill
- Severance Pay
- Strategic Enforcement Plan (SEP)
- Supplemental Unemployment Compensation Benefits
- Tax Refund
- Telecommuting
- U.S. Citizenship and Immigration Services
- United States v. Quality Stores
- White v. Baptist Memorial Health Care Corp.
- Wilson v. City of Central City
- Class Action Waivers
- Criminal Background Checks
- Crisis Management
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Federal Department of Labor
- Informal Discussion Letter (“EEOC Letter”)
- Kentucky Labor Cabinet
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- Salary Threshold
- Social Networking Online Protection Act (SNOP)
- Social Privacy Laws
- Workplace Discrimination, Harassment and Retaliation
- Workplace Politics
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Hiring and Firing
- Hosanna-Tabor Opinion
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- National Labor Relations Act
- Non-Compete Agreement
- Retaliation by Association
- Unemployment Benefits
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Don’t Want Your Injury and Illness Reports Online? Submit Your Comments to OSHA Now!
In a proposed rule appearing in the Federal Register on November 8, 2013, the Occupational Safety and Health Administration (“OSHA”) publicized its intention to bring about drastic changes to employer reporting and recordkeeping practices. The proposal followed the agency’s annual Occupational Injuries and Illnesses report, which estimated that three million workers were injured on the job in 2012.
The proposal contains three new regulations:
- Establishments with more than 250 employees must submit their injury and illness records electronically to OSHA on a quarterly basis.
- Establishments with twenty or more employees and also in high injury/illness industries (such as nursing care, agriculture, and construction) must submit injury and illness records electronically to OSHA on an annual basis.
- Upon agency request, any employer must submit electronically information from their injury and illness records.
Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, has made clear that the proposal is not seeking to burden employers with more administrative tasks. “The proposal does not add any new requirement to keep records; it only modifies an employer’s obligation to transmit these records to OSHA,” said Michaels. The goal, according to Michaels, is to “…encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities.” While a worthy objective, employers already must keep extensive records and provide them to OSHA at certain intervals or upon request – so does the additional step of electronic submission really achieve improved programs?
What is at the heart of OSHA’s proposed rule is the additional step of making all the electronically submitted information public via their website. By publicizing these records, OSHA’s thinly-veiled hope is that employers will want to outshine their competitors in safety. Making records public and easily accessible, not the clerical obligation to electronically submit the data to OSHA, may lead to improved safety. But, increased public awareness about workplace safety could have the very real effect of hurting or helping a business’s number of prospective employees. In addition, consumer confidence may be affected by the number of injuries or illnesses a business encounters in any given time period. Records can also be misleading (i.e., not every incident is an OSHA violation) or wrongly interpreted by those not familiar with reporting requirements.
Comments on the proposal are being accepted until February 6, 2014. Comments always have the potential to bring about change to the proposed rule. If you are an employer and would like to be heard, contact a McBrayer employment law attorney today. We can help you draft and submit your thoughts on the issue.
Services may be performed by others.
This article does not constitute legal advice.