OSHA Publishes New Rule on Workplace Injury and Illness Reporting
The Occupational Safety and Health Administration (OSHA) recently published a final rule to expand submission requirements for injury and illness data provided by employers in certain high-hazard industries. The most notable change for building service contractors will be a new requirement for establishments to include their legal company name when making electronic submissions to OSHA from their injury and illness records.
It is important to note that building service contractors (NAICS 5617) were not included in the rule’s new appendix B to subpart E which will now require certain employers to submit their Form 300 (the Log) and Form 301 (Incident Report), in addition to their Form 300A.
The final rule retains the existing requirement that establishments with 20 or more employees in certain industries, including building service contractors, to electronically submit information from their Form 300A to OSHA once a year. OSHA also said it will publish some of the data collected from employers’ submission forms on a public website.
The final rule is scheduled to take effect on Jan. 1, 2024. However, the rule could face legal challenges in court over the next several months. BSCAI will be sure to provide members with updates and guidance documents as they become available.
OSHA Issues Heat Hazard Alert to Employers
The Occupational Safety and Health Administration (OSHA) recently issued a heat hazard alert to remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces.
OSHA also announced it will intensify enforcement where workers are exposed to heat hazards, with increased inspections in high-risk industries like construction and agriculture. These actions will fully implement the agency’s National Emphasis Program on heat, announced in April 2022, to focus enforcement efforts in geographic areas and industries with the most vulnerable workers. Full guidance from OSHA on how to protect workers from heat hazards can be found here.
White House Begins Review of DOL Overtime Rule
The Department of Labor (DOL) recently sent a proposed rule that would change the criteria for exemptions to federal overtime pay requirements to the White House Office of Information and Regulatory Affairs (OIRA) for review. This is a required initial step in the regulatory process before the DOL can publish any rule in the federal register. The substance of the proposed changes or how long the White House will take reviewing the regulation remain unclear. However, this action indicates the DOL is on track to issue the proposed by their August target date.
DOL Announces LM-10 Form Revision
The U.S. Department of Labor (DOL) recently announced the publication of a final revision to Form LM-10. The revision amends the current form to include a box for certain employers who engage in reportable persuader or surveillance transactions or agreements to report if they are a federal contractor or subcontractor. An employer under a federal contract or subcontract is required to provide their Unique Entity Identifier, if any, and provide information on the federal agencies for which they provide services. The revised form will be the required form for all Form LM-10s filed on or after Aug. 28, 2023.
Certain employers must file a Form LM-10 to report, among other activities, agreements with consultants – and other payments and expenditures – made to persuade employees concerning their organizing and collective bargaining rights or to surveil the activities of employees and unions involved in a labor dispute with such employers. Revised LM-10 Forms will be available on the OLMS Electronic Filing System by Aug. 28. View Form LM-10s filed by employers in the OLMS Online Public Disclosure Room.
NLRB to Issue Final Joint Employer Rule in August
The National Labor Relations Board (NLRB) recently confirmed that it will publish its joint employer final rule this month, meeting its target release date set in the Spring 2023 Regulatory Agenda. Under the proposed rule published last year, the NLRB would consider evidence of reserved and indirect control over employees' essential terms and conditions of employment when analyzing and determining joint employer status along with other factors. BSCAI will continue to monitor NLRB’s rulemaking and keep members updated on the latest developments