New Legal Risks for Employers: OSHA’s New Use of Injury & Illness Data

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Several new developments have impacted OSHA’s access to employee injury and illness data, including COVID-19 related information. Also, OSHA is putting employer injury/illness data submitted under the E-recordkeeping rule out online – making this data much more transparent and public.

What does this mean for your organization? Putting a public spotlight on this information can have wide-spread implications for companies including violating employee privacy rights, targeted OSHA inspections and even heightened exposure to tort litigation.

Join us for this information-packed, 60-minute event to learn what these new developments mean for your company. We’ll cover:

Exposures the new OSHA rules and practices can potentially put on employers
How injury/illness data can now be used by OSHA for enforcement purposes
Ways the new changes making injury/illness data public-facing will impact employers
Impact of OSHA’s record auditing programs on employee privacy rights
Changes under the Employee Medical Records rule that effect what can be accessed during inspections

Program Highlights

OSHA Rules Impacting Use of and Access to Injury/Illness Data and Records

OSHA’s new Medical Records rule and what it means for employers
The release of e-recordkeeping data and the implications from public disclosure
Worker privacy rights and HIPAA limitations with respect to OSHA or NIOSH
COVID-19 recording and reporting requirements under current federal OSHA policy and state emergency standards

OSHA Inspection Practices and Enforcement Actions

E-recordkeeping data and OSHA’s site-specific targeting inspection program
Ways injury/illness data can be used by OSHA for enforcement purposes
OSHA’s egregious penalty process and how it relates to recordkeeping
What personal medical information of workers can be accessed by OSHA
How OSHA is using injury/illness reports in terms of investigations and Rapid Response Investigations (RRI) program
Criminal provisions of the OSH Act pertaining to recordkeeping and falsification of documents
How to respond to OSHA record requests that implicate employee privacy rights and HIPAA protections requirements

About the Speaker

Adele Abrams is an attorney and Certified Mine Safety Professional, who is the president of the Law Office of Adele L. Abrams PC, a multi-attorney firm with offices in the DC area, Denver and WV. She represents employers nationwide in OSHA and MSHA litigation. Adele also provides safety training, consultation and auditing services.

She is the 2017 recipient of the National Safety Council’s DSSA award, and is an active member of the American Society of Safety Professionals, where she has received the SPY award multiple times. Adele is also on the faculty of the University of Colorado, and Catholic University, where she instructs on employment, labor and occupational safety law.

Program Benefits

Learn new rule changes in how OSHA can access and use your organization’s injury/illness data and employee medical records - and increased risks of exposure. We’ll also show you what to now expect during the inspection process when it comes to your records, and how to respond.

If you'd like this program customized for your organization, call us at 1-800-964-6033. We're certain we can fulfill your training needs, while making it fit in your budget!

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