Title of Regulation: 16VAC25-85. Recording and Reporting Occupational Injuries and Illnesses (amending 16VAC85-1904.35, 16VAC85-1904.36, 16VAC85-1904.41; add Appendix A to Subpart E of Part 1904).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Dates:

December 1, 2016, for 16VAC85-1904.35 and 16VAC85-1904.36.

January 1, 2017, for 16VAC85-1904.41 and Appendix A to Subpart E of Part 1904.

Agency Contact: Regina P. Cobb, Agency Management Analyst Senior, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-0610, FAX (804) 786-8418, or email regina.cobb@doli.virginia.gov.

Summary:

In a final rule, federal Occupational and Safety Health Administration (OSHA) revised its Recording and Reporting Occupational Injuries and Illnesses to require employers in certain industries to submit electronically to OSHA injury and illness data that employers are already required to keep under existing OSHA regulations. The frequency and content of the establishment-specific submissions is dependent on the size and industry of the employer. OSHA intends to post the data from these submissions on its secure, publicly accessible website and to remove personally identifiable information before the data is released to the public. OSHA is phasing in implementation of the data collection system from July 1, 2017, through March 2, 2019.

The final rule also (i) mandates that an employer inform its employees of the employees' right to report work-related injuries and illnesses to the employer free from retaliation, (ii) clarifies that the employer's procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting, and (iii) incorporates explicitly the existing statutory prohibition on retaliating against an employee for reporting work-related injuries or illnesses.

In this regulatory action, the board is adopting the revisions to this final rule. The board also is adopting OSHA's compliance schedule to implement the data collection system.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1904 (Recording and Reporting Occupational Injuries and Illnesses) is declared a document generally available to the public and appropriate for incorporation by reference. For this reason this document will not be printed in the Virginia Register of Regulations. A copy of the document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 201 North 9th Street, Richmond, Virginia 23219.

Statement of Final Agency Action: On September 13, 2016, the Safety and Health Codes Board adopted federal OSHA's amendments to Recording and Reporting Occupational Injuries and Illnesses, as published in 81 FR 29691 through 81 FR 29694 on May 12, 2016, and the correction to 29 CFR 1904.35(b)(2) published in 81 FR 31854 and 81 FR 31855 on May 20, 2016, with an effective date of December 1, 2016, for 16VAC85-1904.35 and 16VAC85-1904.36 and January 1, 2017, for 16VAC85-1904.41.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Recording and Reporting Occupational Injuries and Illnesses is applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: