OSHA Issues Final Rule to Improve Tracking of Workplace Injuries and Illnesses

The Occupational Health and Safety Administration (OSHA) published its final rule: “Improve Tracking of Workplace Injuries and Illnesses.” Effective January 1, 2024, the rule modifies existing requirements for reporting workplace injuries and illnesses. The rule directly impacts long-term care facilities [skilled nursing, assisted living, and intermediate care facilities for the developmentally disabled (ID/DD)] with more than 100 employees.  

Existing Requirements 

OSHA has long-standing reporting requirements related to workplace injuries and illnesses. These requirements are applicable to “designated industries” or “industries that are required to routinely keep OSHA injury and illness records,” both of which include LTC facilities.  

• Establishments with 20-249 employees in certain designated industries are required to electronically submit information from their Form 300A annual summary to OSHA once a year.  
• Establishments with 250 or more employees in industries that are required to routinely keep OSHA injury and illness records will continue to be required to electronically submit information from the Form 300A to OSHA once a year. 
• Establishments with 250 or more employees in industries that are required to routinely keep OSHA injury and illness records to electronically submit information from the Form 300A summary to OSHA once a year.  
• Establishments with 20-249 employees in certain designated industries to electronically submit information from their Form 300A summary to OSHA once a year. 

This final rule makes no changes to the requirements listed above, so LTC employers must continue to abide by these requirements. 

New Requirement 

With the final rule, OSHA is now requiring establishments with 100 or more employees in certain designated industries including skilled nursing, assisted living and ID/DD facilities to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. In addition, OSHA will require establishments to include their legal company name as part of their annual submission, which it intends to make publicly available in a database alongside the generalized information.  

Next Steps 

This final rule becomes effective January 1, 2024, and employers must submit the required information by March 2, 2024.