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The U.S. Department of Labor’s Occupational Safety and Health Administration issued a final rule to modernize injury data collection to better inform workers, employers, the public and OSHA about workplace hazards. With the new rule, workplaces with 20-249 employees in certain high-risk industries* must electronically send OSHA detailed injury and illness information. High-hazard industries include construction, manufacturing, grocery stores, freight trucking, waste collection, hospitals and nursing homes.

Why is OSHA issuing this rule?

This simple change in OSHA’s rulemaking requirements will improve safety for workers across the country. One important reason stems from our understanding of human behavior and motivation. Behavioral economics tells us that making injury information publicly available will “nudge” employers to focus on safety. And, as we have seen in many examples, more attention to safety will save the lives and limbs of many workers, and will ultimately help the employer’s bottom line as well. Finally, this regulation will improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses.

What does the rule require?

The new rule, which takes effect Jan. 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. The amount of data submitted will vary depending on the size of company and type of industry.

Anti-retaliation protections

The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation; clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. These provisions become effective August 10, 2016.

The Guardian reports that although, some business groups were quick to attack the new rule, saying it was an unwelcome new employer mandate and also posed the risk of public embarrassment. The new requirements will be phased in over two years, with the first set of data to be sent to OSHA by July 2017. The new rule makes it easier for workers to report injuries and illnesses and gives workers additional remedies if employers illegally retaliate against them for reporting or seeking to report injuries.

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If you have been injured in a workplace accident, you may be entitled to money damages. If you think this is the case, call us now at

THE LAW OFFICES OF KARIM ARZADI.

When you contact our office, we will immediately set up a free, confidential appointment where you will meet an attorney who will listen to you and evaluate your case.  We have conveniently located offices in Perth AmboyNew BrunswickJersey CityRoselle and East Orange. We understand traumatic brain injuries, neck injuries, back injuries and other medical problems caused by accidents and the problems that they can cause in your daily life.  Our law firm will always work to make sure you are compensated fairly.

Whether you were a pedestrian, a bicyclist, a shopper in a store, or the occupant of train, or car, motorcycle, boat or any motor vehicle, or have been hurt at an amusement park or at your workplace, bitten by a dog or injured in a fall down accident, you should immediately call one of the experienced personal injury attorneys at

 (732) 442-5900, 21-COURTLAW (212) 687-8529, during regular business hours or 1-800-RITELAW (800-748-3529) toll free.  You can even call either number on weekends or after regular business hours. We have offices in MiddlesexUnionEssex and Hudson counties.  call us .

 

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