OSHA’s New Electronic Recordkeeping Rule: Navigating Significant Enforcement Risks for Employers
On May 12, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued its final Electronic Recordkeeping Rule that will expand electronic recordkeeping requirements for workplace injury and illness information. The final rule means additional recordkeeping obligations and extra administrative burdens for employers. The controversial final rule will also make such records searchable and publicly available.
OSHA thinks that this rule will promote workplace safety and will provide crucial information for employees, job applicants, and consumers. Key amendments to the final rule also include several new anti-retaliation provisions that provide new protections for employees reporting work-related injuries and illnesses. While the electronic reporting requirements of the final rule will take effect in January 1, 2017, these anti-retaliation provisions will soon become enforceable on August 10, 2016.
In this LIVE Webcast, a panel of key thought leaders and professionals assembled by The Knowledge Group will provide employers and audience with a detailed overview of OSHA’s New Electronic Recordkeeping Rule and will provide a roadmap in developing and implementing an effective recordkeeping policy to ensure regulatory compliance.
Key topics include:
- New Electronic Recordkeeping Rule – An Overview
- Implications to Employers
- Anti-Retaliation Provisions
- Potential Risks and Common Pitfalls
- Best Compliance Practices
Sean Paisan, Partner
Lewis Brisbois Bisgaard & Smith LLP
- Overview of changes to 1904.35, 1904.36, and 1904.41.
- Key deadlines
- How to submit electronically and what information to exclude.
Glenn J. Fuerth, Partner
- OSHA delays enforcement of anti-retaliation provisions
- What is the new rule
- Frequency of reporting
- Who must report and the extent of information
- Requirements to promote accurate reporting
- Anti-retaliation provision
- Potential problems
- Data breach of provided information
- Impact on drug/alcohol testing programs
- Impact on incentive programs
- Training of employees concerning the Record Keeping Rule
- Revising drug/alcohol testing programs
- Developing a process for collection of OSHA 300, 300 A and 301 forms and information to comply with electronic submission deadlines
- Penalties for non-compliance
Who Should Attend:
- Employment Lawyers
- Health & Safety Lawyers
- Health and Safety Officers
- Human Resources Personnel
- Chief Executive Officers
- Risk Managers and Analysts
Sean Paisan is a Partner with Lewis Brisbois and is the Vice-Chair of the firm’s OSHA Safety & Health Practice. He is an active trial attorney that specializes in the litigation of employment and general liability matters, as well as helping employers prevent and appeal OSHA citations. He is OSHA 30 certified and a member of the Southern California Fraud Investigators’ Association.
Sean Paisan is a Partner with Lewis Brisbois and is the Vice-Chair of the firm’s OSHA Safety & Health Practice. …
Glenn Fuerth is a partner in Wilson Elser’s New York office and is co-chair of the firm’s Architects and Engineers Liability practice. Glenn has extensive, national experience assisting architects, engineers, contractors, subcontractors and property managers with virtually any potential legal issue that arises in the commercial construction industry. Glenn also has managed Occupational Safety and Health Administration (OSHA) compliance audits on a national level, and has defended clients against safety and code violation citations by OSHA and the New York City Department of Buildings.
Glenn Fuerth is a partner in Wilson Elser’s New York office and is co-chair of the firm’s Architects and Engineers …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
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About Lewis Brisbois Bisgaard & Smith LLP
Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with more than 1,000 attorneys and 40 offices in 26 states. Our national practice is sophisticated, multi-faceted and well-versed in current legal trends, while our individual state practices provide vast resources and knowledge of procedural and legal nuances. Lewis Brisbois attorneys work in more than 50 areas of practice and a multitude of sub-specialties. Our attorneys have broad knowledge, experience, and sensitivity to their clients’ unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale.
About Wilson Elser
Wilson Elser, a full-service and leading defense litigation law firm (www.wilsonelser.com), serves its clients with nearly 800 attorneys in 30 offices in the United States and one in London. Founded in 1978, it ranks among the top 200 law firms identified by The American Lawyer and is included in the top 50 of The National Law Journal's survey of the nation’s largest law firms. Wilson Elser serves a growing, loyal base of clients with innovative thinking and an in-depth understanding of their respective businesses.