OSHA finalizes rule expanding recordkeeping requirements to ensure certain construction firms submit work-related injuries and illness data, potentially mischaracterizing a contractor’s safety and health program and record in the absence of proper context.

On July 17, the Occupational Safety and Health Administration (OSHA) announced a final rule that expands the current recordkeeping requirements, and goes into effect on January 1, 2024, to mandate the submission of Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report in addition to Form 300A-Summary of Work-Related Injuries and Illnesses data from construction establishments with 100 or more employees. Establishments with 20 to 99 employees continue to be required to submit only Form 300A-Summary of Work-Related Injuries and Illnesses data.

Of concern to AGC is OSHA’s intent to make the data collected publicly available on its website, which could result in the potential mischaracterization of a contractor’s safety and health program in the absence of proper context. While AGC believes that accurate reporting and recording of workplace injuries and illnesses is key to a contractor’s efforts to continuously improve their safety and health culture and performance, OSHA has not provided any supporting data to indicate that publicly disclosing this information will ultimately reduce occupational injuries and illnesses.

AGC communicated this and other concerns to OSHA during the rulemaking process. If you have any questions, please contact Kevin Cannon at [email protected] or (703) 837-5410.