Issue link: http://palletcentral.uberflip.com/i/893182
palletcentral.com PalletCentral • September-October 2017 19 will be redacted, left unanswered in OSHA's announcement is whether the agency still intends for the submitted data to be publicly searchable by establishment, which was the original intent of the rule. Under the previous administration, this public access was intended to spur greater safety efforts through peer pressure and "public shaming," part of OSHA's effort to use behavioral economics to improve safety performance. The public disclosure of data was among the controversial aspects of the rule, and prompted multiple groups to file suit against OSHA over the final rule. If the data is ultimately searchable by company name and location, this information will certainly be used by companies to verify data reported by prospective contractors as part of a prequalification process (as well as by those companies that do the screening for their clients). In addition, OSHA will be able to use it to pinpoint companies with patterns or practices of injuries, such as amputations, for enforcement purposes. Because occupational illnesses will be included, plaintiff attorneys will also be able to see which construction companies have trends of reportable conditions such as wood dust-related cancers or respiratory illnesses, which could be used to develop class actions in states or situations where worker's compensation is not an exclusive remedy. Under the e-recordkeeping standard, 29 CFR Part 1904 was modified to require all employers with worksites or 250 or more workers, as well as locations with between 20-249 employees in selected NAICS codes (mostly warehousing and logistics, transportation, manufacturing, and certain other high hazard sectors), to submit their injury/illness information to OSHA, for public posting. Because of its hazardous nature and high injury rates, all pallet manufacturing or logistics employers who have 20 or more workers at a worksite will need to electronically submit their data. If the employer also supervises temporary workers (e.g., from a labor agency, prison labor, or through a union hiring hall), any of their injuries or illnesses must be included in the host employer's log.