by Vince A. Toreno, Esq.

OSHA is proposing a new rule that would require an employer to file injury and illness reports electronically with the agency, according to a recent article in Business Insurance. The proposal would make the accident data available to the public. OSHA claims the proposal would improve safety and health by giving the agency better access to injury and illness data and would allow employers to compare their rates with those of others.

The proposal got the attention of the Risk and Insurance Management Society who expressed concern that the electronic filings would be costly to employers as well as time consuming and duplicative of other reporting requirements. RIMS also noted concerns that employers would have an incentive to hide safety problems from OSHA because of fears that having such information available electronically could lead to targeting for enforcement by OSHA or even by other companies that could use the information to disparage their competitors’ safety practices. Still other organizations believe the proposal raises serious privacy concerns and offers no additional safety benefit. We will continue to watch this evolving issue and whether the proposal is ultimately accepted in future newsletter issues.