A recent edition of the MIOSHA News provided the following article regarding the December 1 deadline for the requirements for certain employers for electronic submission of injury and illness records to OSHA.
MIOSHA Article - Reminder - December 1 Deadline
Nella Davis - Ray, Consultation Education and Training (CET) Division Director
In response to the Occupational Safety and Health Administration's (OSHA) mandated adoption deadline of November 14, 2016, changes were made to MIOSHA's ADM Part 11, Recording and Reporting of Occupational Injuries and Illnesses. Rule 1141 of ADM Part 11 specifically addresses the requirements for electronic submission of injury and illness records to OSHA.
OSHA launched the Injury Tracking Application (ITA) on Aug. 1, 2017. After creating an account and logging in for the first time, ITA provides information on how to get started with data entry. The web-based application offers employers three options for electronically submitting required injury and illness data.
Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses, must submit information from their completed 2016 Form 300A by December 1, 2017. These establishments must submit the information electronically and cannot submit the information on paper. Michigan establishments must submit their data to OSHA not MIOSHA.
Information about the mandatory reporting requirements can be found at https://www.osha.gov/injuryreporting/. On this page you will find:
- Information about who is required to report.
- ITA Job Aids: Instructions to support users through the submission process.
- Frequently Asked Questions.
- A button to launch the Injury Tracking Application Login.
For help in determining if electronic reporting is required, an employer may contact the MIOSHA Management Information Systems Section at LARA-MIOSHARecordkeeping@michigan.gov or call 517-284-7788.
Note from MALA: In reviewing the above article, it is important to consider the definition of establishment and which industries are considered high-risk.
- Under Rule 1105, "establishment" means a single physical location where business is conducted or where services or industrial operations are performed. According to MIOSHA, each physical address is typically considered a separate establishment unless it is connected as a campus of several buildings usually very close to one another. The business owner usually decides. It is usually best to have separate logs for each physical location.
- High Hazard is based on NAICS (North America Industrial Classification System) Code. Below is the list of codes OSHA includes for residential care (which is in the "62" family of codes):
6231 Nursing care facilities 6232 Residential mental retardation, mental health and substance abuse facilities 6233 Community care facilities for the elderly 6239 Other residential care facilities 6242 Community food and housing, and emergency and other relief services
A more complete description of each of the codes can be found on the NAICS webpage by placing the code into the "search" field on the left. The link to NAICS is http://www.census.gov/eos/www/naics/.
Note from MALA: The above information is pertaining to only the requirements for electronic submission of injury and illness records to OSHA. It is not intended to cover all of the various MIOSHA and OSHA requirements applicable to employers based upon their number of employees. Please contact MALA or MIOSHA if you have questions regarding your MIOSHA and/or OSHA requirements. V
Last year, Part 11, Recording and Reporting of Occupational Injuries and Illnesses, of the MIOSHA rules were amended to include expanded anti-retaliation protections for employees who report occupational injuries and illnesses. This change in Part 11 was an adoption of a change in the corresponding OSHA rule.
The impetus for the rule change was a concern about the effect of post-accident drug testing on employee reporting of injuries and illnesses; also of concern were the use of discipline and incentive programs. At the federal level, the enforcement policy on this topic is currently under review.
The new MIOSHA/OSHA rule, Rule 1135(2)(d) of Part 11, is not a blanket prohibition against post-accident drug testing. Whether or not the post-accident or post-injury drug testing represents discrimination is highly dependent on the circumstances, and in the OSHA policy memo on the subject, the situations that would be considered discrimination are narrow.
The OSHA memo includes the following statement: "When evaluating whether an employer had a reasonable basis for drug testing an employee who reported a work-related injury or illness, the central inquiry will be whether the employer had a reasonable basis for believing that drug use by the reporting employee could have contributed to the injury or illness."
Rule 1135(2)(d) reads as follows:
"You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness."
Rule 1136 of Part 11 is informational only. Any cases related to Rule 1136 are to be handled by the Employee Discrimination Section using section 65 of the MIOSH Act.
Rule 1136 reads as follows:
"In addition to R 408.22135, section 65 of the act prohibits you from discriminating against an employee for reporting a work-related fatality, injury or illness. Section 65 of the act also protects the employee who files a safety and health complaint, asks for access to the records under this part, or otherwise exercises any rights afforded by the act."
Based upon the above information, employers should not adopt a policy of automatic post-accident drug testing. A determination whether to conduct a drug test should be based upon the circumstances regarding the particular work-related injury or illness.
This article is intended to provide a general overview of the issue of MIOSHA/OSHA regulations and drug testing. Please contact MALA if you need additional information on this issue.
Note: MALA is pleased to be an alliance partner with MIOSHA. Future MALA publications will include additional information pertaining to compliance with MIOSHA requirements.
In addition, the MIOSHA website provides numerous resources. The website address is http://www.michigan.gov/LARA and click on MI Occupational Safety and Health Administration.
MALA Expands Insurance Options and Resources
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