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• Publication Date: 02/29/1996
• Publication Type: Proposed Rules
• Fed Register #: 61:7758-7760
• Title: Occupational Injury and Illness Recording and Reporting Requirements

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1904 and 1952

[Docket No. R-02]

Occupational Injury and Illness Recording and Reporting Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor.

ACTION: Proposed rule: addendum.


SUMMARY: OSHA is publishing the executive summary of the Preliminary Economic Analysis for its proposed rule covering the recording and reporting of workplace deaths, injuries and illnesses, which appeared in the Federal Register on February 2, 1996 (61 FR 4030).

DATES: OSHA invites the public to submit written comments on the results of the Preliminary Economic Analysis on or before May 2, 1996.

ADDRESSES: Written comments are to be submitted in writing in quadruplicate to: Docket Officer, Docket No. R-02, Occupational Safety and Health Administration, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, telephone (202) 219-7894. To obtain copies of the full Preliminary Economic Analysis, contact the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr at (202) 219-8148.

SUPPLEMENTARY INFORMATION: OSHA published a proposed rule covering the recording and reporting of workplace deaths, injuries and illnesses on February 2, 1996. This addendum is intended to provide the public with information from the Preliminary Economic Analysis associated with the proposed rulemaking by publishing the executive summary. The OSHA Office of Regulatory Analysis prepared the Preliminary Economic Analysis of the rule and the analysis has been entered into the OSHA Docket (Docket R-02, Exhibit 13).

Signed in Washington, D.C., this 22nd day of February, 1996.

Joseph A. Dear,
Assistant Secretary of Labor.

Preliminary Economic Analysis for the Proposed Regulation for Recording and Reporting of Occupational Injuries and Illnesses (29 CFR Part 1904) Executive Summary

The Occupational Safety and Health Administration (OSHA) is proposing to revise its regulation on Recording and Reporting Occupational Injuries and Illnesses, which is codified at 29 CFR 1904. The proposed regulation will make a number of changes to OSHA's existing recordkeeping rule that are designed both to simplify recordkeeping and increase the accuracy and usefulness of the data recorded.

The proposed changes include changes in: OSHA Form 200, the Log and Summary of Occupational Injuries and Illnesses (to be renumbered Form 300), which contains one-line descriptions of all recordable occupational injuries and illnesses occurring at the establishment; OSHA Form 101, the Supplementary Record (to be renumbered Form 301 and designated the Incident Record), which provides additional detail about each case recorded on the Log; and associated supplemental instructions. The revisions are designed to yield better data on occupational injuries and illnesses, to simplify employers' recordkeeping systems, to increase the utility of injury and illness records at the establishment/site level, to take greater advantage of modern technology, and to increase employee involvement and awareness. In addition, these revisions would modify the scope of the recordkeeping regulation to exclude many smaller establishments and to extend the coverage of the regulation to establishments in several industries not previously covered. Several other industries would be newly exempted. The net effect of these changes in scope is to target the regulation more effectively so that more occupational injuries and illnesses will be recorded accurately but fewer establishments will be covered by the regulation overall.

Industry Profile

An estimated 756,238 establishments employing 11 or more workers in various Standard Industrial Classification (SIC) codes that have historically high rates of injuries and illnesses currently must maintain OSHA records at all times. These establishments have an estimated 47,541,258 employees and record an estimated 4,789,085 occupational cases per year. The proposed regulation would cover fewer establishments than the current regulation (620,879 vs. 756,238), but would capture a larger number of the occupational injuries and illnesses occurring every year (approximately 5.1 million vs. 4.8 million).

Costs and Economic Impact

When compared with the existing rule, the proposed rule will reduce the overall recordkeeping burden on the business community. The net cost savings associated with the proposed revisions to the existing recordkeeping regulation are estimated to be $4.7 million per year. Economic impacts will be minimal, even for the minority of firms that incur some cost increases.

The following table from Chapter III of the Preliminary Economic Analysis provides an overview of the costs associated with the current rule, the proposed rule, and the resulting cost savings.

Total and Net Costs of All Revisions to the Recordkeeping Rule

Cost Element Estimated Number of Establishments Affected Estimated Number of Cases Affected Time Required for Activity (Minutes)
Learning Basics of Record Keeping System -- Establishments Not Formerly Covered* 162,361   25
Learning Basics of Record Keeping System -- Turnover 124,176   25
Learning About Revised Record Keeping System (Establishments That Will Continue to Be Covered)* 458,518   15
Set Up and Post Log 620,879   8
Certify Log (certification must be by plant manager rather than recordkeeper) 620,879   5
Provide Additional Information on Establishments 620,879   5
Maintain Log (time requirements reduced from 15 to 10 minutes per case to reflect simplified case entry)**   5,088,947 10
Maintain Individual Reports of Injury (Form 301 requires 3 minutes less than Form 101 which it replaces)   508,895 17
Option for Electronic Storage of Logs   449,055 -2
Option to Keep Log Offsit   101,779 -5
Provide Data to OSHA Inspectors   40,000 2
Allow Employee Access to Form 301   444,222 1
Maintain Separate Records for "Other Workers" at Construction Sites   52,074 10

Total and Net Costs of All Revisions to the Recordkeeping Rule
[Continued]

Cost Element Total Cost of Revised Regulation (Dollars) Total Costs Associated with Existing Rule (Dollars) Net Costs of Proposed Regulation (Dollars)
Learning Basics of Record Keeping System -- Establishments Not Formerly Covered* 186,764 0 186,764
Learning Basics of Record Keeping System -- Turnover 1,003,246 1,466,363 (463,117)
Learning About Revised Record Keeping System (Establishments That Will Continue to Be Covered)* 316,461 0 316,461
Set Up and Post Log 1,605,194 1,955,146 (349,951)
Certify Log (certification must be by plant manager rather than recordkeeper) 2,264,816 488,786 1,776,030
Provide Additional Information on Establishments 1,003,246 0 1,003,246
Maintain Log (time requirements reduced from 15 to 10 minutes per case to reflect simplified case entry)** 16,445,935 23,215,308 (6,769,373)
Maintain Individual Reports of Injury (Form 301 requires 3 minutes less than Form 101 which it replaces) 2,795,809 3,095,374 (299,565)
Option for Electronic Storage of Logs Option to Keep Log Offsit (164,459) 0 (164,459)
Provide Data to OSHA Inspectors 27,854 25,854 2,000
Allow Employee Access to Form 301 165,770 0 165,770
Maintain Separate Records for "Other Workers" at Construction Sites Total 25,528,682 30,246,832 (4,718,149)

Footnote(*) This one time cost has been annualized over ten years at a discount rate of 7 percent.

Footnote(**) In addition, there would be non-quantifiable costs savings as a result of using a new column that would be provided on Form 300.

Sources: County Business Patterns (1992), BLS Annual Survey (1991), OSHA Office of Regulatory Analysis.

Benefits

The proposed changes to the recordkeeping requirements are associated with a number of potential benefits, including:

  • More effective preventive efforts by employers, which could eliminate a minimum of 25,445 to 50,889 illnesses and injuries per year, based on current experience;
  • Better identification by OSHA of types or patterns of injuries and illnesses and prevention efforts;
  • Greater employer and employee awareness of the causes of occupational injuries, illnesses, and fatalities;
  • Better data to assist in developing regulatory priorities;
  • Better data for setting priorities among establishments for inspection purposes; and
  • Increased ability of compliance officers to focus on significant hazards during inspections.

Economic Impact, Regulatory Flexibility, Environmental Impact, and International Trade Analysis

The average establishment affected by the proposed changes to the recordkeeping requirements is estimated to experience a net reduction in recordkeeping costs annually. Thus, OSHA believes that the proposed regulation will not impose adverse economic impacts on firms in the regulated community. The proposed exemption from the regulation of all non-construction establishments with fewer than 20 employees will mean that most small entities will experience even larger cost savings. OSHA, therefore, does not expect the proposed regulation to have significant environmental or international effects. OSHA welcomes comments, and supporting data where available, on all aspects of the Preliminary Economic Analysis.

[FR Doc. 96-4431 Filed 2-28-96; 8:45 am]


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