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OSHA's E-Recordkeeping Rule and Significant Injury Reporting Rule Update
Presented by Eric J. Conn, Andrew Sommer, Lindsay DiSalvo, and Dan Deacon

OSHA’s controversial E-Recordkeeping has been challenged and criticized by stakeholders since its inception, with expectations that OSHA under a Trump Administration would revise or rescind the Rule. Despite issuing an amended rule, the Trump Administration did very little to narrow it, cutting only a requirement for very large employers to submit detailed injury data to OSHA. Ultimately, OSHA did nothing to alleviate concerns about the collection and publication of injury data, or the controversial anti-retaliation elements about post-incident drug testing and safety incentive programs. Lawsuits challenging the provisions about anti-retaliation and data submission and publication, as well as OSHA’s revisions to the E-Recordkeeping rule are all still on-going.

The other rule that forces interactions between employers and OSHA is the Significant Injury and Fatality Reporting Rule, which was updated in January 2015. Although the enhanced Reporting Rule has now been effective for 4 years, many employers still grapple with the nuances of whether, when, and how to report hospitalizations and amputations to OSHA. We have seen OSHA frequently cite employers for late reporting and failure to report, and we have also seen plenty of citations arising out of inspections triggered by an employer reporting an injury that did not need to be reported.

Confusion about reporting requirements is also intensified by the differences among some of the State OSH Plans. For example, in California, the work-related analysis is quite distinct and the historically different reporting requirements just changed.

During this webinar, participants will learn about:

• Amendments to the E-Recordkeeping Rule
• Observations about the injury data submitted to OSHA
• OSHA enforcement of the E-Recordkeeping Rule
• State Plan implementation of E-Recordkeeping requirements
• Nuances of requirements to report hospitalizations

May 20, 2020 01:00 PM in Eastern Time (US and Canada)

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Speakers

Eric J. Conn
Founding Partner and Chair, OSHA • Workplace Safety Practice Group @Conn Maciel Carey LLP
Eric J. Conn is a founding partner and Chair of the national OSHA • Workplace Safety Practice Group at the law firm Conn Maciel Carey LLP, where he focuses his practice on all aspects of occupational safety & health law. Mr. practiced for more than a decade alongside the former first General Counsel of the OSH Review Commission. He represents employers in inspections, investigations and enforcement actions involving OSHA, the CSB, MSHA, EPA and state and local safety related agencies. He also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations. Mr. Conn also conducts and directs attorney-client privileged workplace safety audits, delivers safety training, and helps employers develop and implement compliant safety and health programs. He writes and speaks extensively on safety & health law issues, including authoring chapters in multiple OSHA Treatises.
Andrew J. Sommer
Partner, OSHA and Labor and Employment Practice Groups @Conn Maciel Carey LLP
Andrew Sommer is a partner in Conn Maciel Carey’s San Francisco office. He advises employers on a wide range of labor and employment matters, and defends against claims of discrimination, harassment, whistleblowing, wage and hour violations and wrongful termination. Mr. Sommer also represents employers in inspections and enforcement actions involving Cal/OSHA.
Lindsay A. DiSalvo
Associate, OSHA and Labor and Employment Practice Groups @Conn Maciel Carey LLP
Lindsay A. DiSalvo is an associate in both Conn Maciel Carey LLP's national OSHA • Workplace Safety Practice Group and Labor and Employment Group, where she focuses her practice on all aspects of occupational safety & health law. Ms. DiSalvo represents employers in inspections, investigations and enforcement actions involving OSHA, the Chemical Safety Board, MSHA, EPA and state and local safety related agencies. She also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations.