[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Proposed Rules]
[Pages 7758-7760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4431]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1904 and 1952
[Docket No. R-02]
Occupational Injury and Illness Recording and Reporting
Requirements
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Proposed rule: addendum.
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SUMMARY: OSHA is publishing the executive summary of the Preliminary
Economic Analysis for its proposed rule covering the recording and
reporting of workplace deaths, injuries and illnesses, which appeared
in the Federal Register on February 2, 1996 (61 FR 4030).
DATES: OSHA invites the public to submit written comments on the
results of the Preliminary Economic Analysis on or before May 2, 1996.
ADDRESSES: Written comments are to be submitted in writing in
quadruplicate to: Docket Officer, Docket No. R-02, Occupational Safety
and Health Administration, Room N-2625, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, telephone (202) 219-
7894. To obtain copies of the full Preliminary Economic Analysis,
contact the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr at (202) 219-8148.
SUPPLEMENTARY INFORMATION: OSHA published a proposed rule covering the
recording and reporting of workplace deaths, injuries and illnesses on
February 2, 1996. This addendum is intended to provide the public with
information from the Preliminary Economic Analysis associated with the
proposed rulemaking by publishing the executive summary. The OSHA
Office of Regulatory Analysis prepared the Preliminary Economic
Analysis of the rule and the analysis has been entered into the OSHA
Docket (Docket R-02, Exhibit 13).
Signed in Washington, D.C., this 22nd day of February, 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
Preliminary Economic Analysis for the Proposed Regulation for Recording
and Reporting of Occupational Injuries and Illnesses (29 CFR Part 1904)
Executive Summary
The Occupational Safety and Health Administration (OSHA) is
proposing to revise its regulation on Recording and Reporting
Occupational Injuries and Illnesses, which is codified at 29 CFR 1904.
The proposed regulation will make a number of changes to OSHA's
existing recordkeeping rule that are designed both to simplify
recordkeeping and increase the accuracy and usefulness of the data
recorded.
The proposed changes include changes in: OSHA Form 200, the Log and
Summary of Occupational Injuries and Illnesses (to be renumbered Form
300), which contains one-line descriptions of all recordable
occupational injuries and illnesses occurring at the establishment;
OSHA Form 101, the Supplementary Record (to be renumbered Form 301 and
designated the Incident Record), which provides additional detail about
each case recorded on the Log; and associated
[[Page 7759]]
supplemental instructions. The revisions are designed to yield better
data on occupational injuries and illnesses, to simplify employers'
recordkeeping systems, to increase the utility of injury and illness
records at the establishment/site level, to take greater advantage of
modern technology, and to increase employee involvement and awareness.
In addition, these revisions would modify the scope of the
recordkeeping regulation to exclude many smaller establishments and to
extend the coverage of the regulation to establishments in several
industries not previously covered. Several other industries would be
newly exempted. The net effect of these changes in scope is to target
the regulation more effectively so that more occupational injuries and
illnesses will be recorded accurately but fewer establishments will be
covered by the regulation overall.
Industry Profile
An estimated 756,238 establishments employing 11 or more workers in
various Standard Industrial Classification (SIC) codes that have
historically high rates of injuries and illnesses currently must
maintain OSHA records at all times. These establishments have an
estimated 47,541,258 employees and record an estimated 4,789,085
occupational cases per year. The proposed regulation would cover fewer
establishments than the current regulation (620,879 vs. 756,238), but
would capture a larger number of the occupational injuries and
illnesses occurring every year (approximately 5.1 million vs. 4.8
million).
Costs and Economic Impact
When compared with the existing rule, the proposed rule will reduce
the overall recordkeeping burden on the business community. The net
cost savings associated with the proposed revisions to the existing
recordkeeping regulation are estimated to be $4.7 million per year.
Economic impacts will be minimal, even for the minority of firms that
incur some cost increases.
The following table from Chapter III of the Preliminary Economic
Analysis provides an overview of the costs associated with the current
rule, the proposed rule, and the resulting cost savings.
Total and Net Costs of All Revisions to the Recordkeeping Rule
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Total Costs
Estimated Estimated Time Total Cost of Associated Net Costs of
Number of Number of Required for Revised with Proposed
Cost Element Establishments Cases Activity Regulation Existing Regulation
Affected Affected (Minutes) (Dollars) Rule (Dollars)
(Dollars)
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Learning Basics of Recordkeeping System--Establishments Not
Formerly Covered*.............................................. 162,361 ............ 25 186,764 0 186,764
Learning Basics of Record Keeping System--Turnover.............. 124,176 ............ 25 1,003,246 1,466,363 (463,117)
Learning About Revised Recordkeeping System (Establishments That
Will Continue to Be Covered)*.................................. 458,518 ............ 15 316,461 0 316,461
Set Up and Post Log............................................. 620,879 ............ 8 1,605,194 1,955,146 (349,951)
Certify Log (certification must be by plant manager rather
than recordkeeper)......................................... 620,879 ............ 5 2,264,816 488,786 1,776,030
Provide Additional Information on Establishments............ 620,879 ............ 5 1,003,246 0 1,003,246
Maintain Log (time requirements reduced from 15 to 10 minutes
per case to reflect simplified case entry)**................... .............. 5,088,947 10 16,445,935 23,215,308 (6,769,373)
Maintain Individual Reports of Injury (Form 301 requires 3
minutes less than Form 101 which it replaces).................. .............. 508,895 17 2,795,809 3,095,374 (299,565)
Option for Electronic Storage of Logs....................... .............. 449,055 -2 (290,242) 0 (290,242)
Option to Keep Log Offsit................................... .............. 101,779 -5 (164,459) 0 (164,459)
Provide Data to OSHA Inspectors................................. .............. 40,000 2 27,854 25,854 2,000
Allow Employee Access to Form 301............................... .............. 444,222 1 165,770 0 165,770
Maintain Separate Records for ``Other Workers'' at Construction
Sites.......................................................... .............. 52,074 10 168,287 0 168,287
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Total................................................... .............. ............ ............ 25,528,682 30,246,832 (4,718,149)
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*This one time cost has been annualized over ten years at a discount rate of 7 percent.
**In addition, there would be non-quantifiable costs savings as a result of using a new column that would be provided on Form 300.
Sources: County Business Patterns (1992), BLS Annual Survey (1991), OSHA Office of Regulatory Analysis.
Benefits
The proposed changes to the recordkeeping requirements are
associated with a number of potential benefits, including:
More effective preventive efforts by employers, which
could eliminate a minimum of 25,445 to 50,889 illnesses and injuries
per year, based on current experience;
Better identification by OSHA of types or patterns of
injuries and illnesses and prevention efforts;
Greater employer and employee awareness of the causes of
occupational injuries, illnesses, and fatalities;
Better data to assist in developing regulatory priorities;
Better data for setting priorities among establishments
for inspection purposes; and
Increased ability of compliance officers to focus on
significant hazards during inspections.
Economic Impact, Regulatory Flexibility, Environmental Impact, and
International Trade Analysis
The average establishment affected by the proposed changes to the
recordkeeping requirements is estimated to experience a net reduction
in
[[Page 7760]]
recordkeeping costs annually. Thus, OSHA believes that the proposed
regulation will not impose adverse economic impacts on firms in the
regulated community. The proposed exemption from the regulation of all
non-construction establishments with fewer than 20 employees will mean
that most small entities will experience even larger cost savings.
OSHA, therefore, does not expect the proposed regulation to have
significant environmental or international effects. OSHA welcomes
comments, and supporting data where available, on all aspects of the
Preliminary Economic Analysis.
[FR Doc. 96-4431 Filed 2-28-96; 8:45 am]
BILLING CODE 4510-26-P
