ISHN logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
ISHN logo
  • NEWS
    • Today's News
    • Global Safety News
    • Government Regulations
  • PRODUCTS
    • Product Innovations
    • Featured Products
  • TOPICS
    • Environmental Health and Safety
    • Facility Safety
    • Workplace Health
    • Occupational Safety
    • PPE
    • More Topics
  • CONSTRUCTION
  • TECHNOLOGY
  • COLUMNS
    • Best Practices
    • Dave Johnson: What’s going on
    • Editorial Comments
    • Leading Safety
  • MULTIMEDIA
    • ISHN Podcast
    • Videos
    • Cold Stress Education Quiz
    • Webinars
    • White Papers
  • MORE
    • Buyer's Guide
    • Newsletters
    • Convention Companion
    • Polls
    • Events
    • ISHN Store
    • Sponsor Insights
  • EMAGAZINE
    • eMagazine
    • Archived Issues
    • Contact
    • Advertise
  • JOIN TODAY!
Today's Safety NewsColumnsWorkplace Training Strategies

OSHA's electronic recordkeeping rule could chill injury prevention

By James E. Leemann Ph.D.
safety recordkeeping
July 1, 2016

Improve Tracking of Workplace Injuries and Illnesses,” a final rule issued by OSHA on May 12, 2016, is precedent-setting.  For the first time in OSHA history, establishments with 250 or more employees and establishments with greater than 20 but less than 250 employees in certain named industries must now “electronically” submit information from the three recordkeeping forms these establishments already maintain, namely from the OSHA Forms 300A, 300, and 301.

The final rule also ensures that employees are involved in the recordkeeping system and that the employer cannot take any retaliatory or discriminatory action against an employee for reporting a work-related fatality, injury, or illness or for filing a safety and health complaint.

Deadlines and benefits

The rule becomes effective on January 1, 2017, with two exceptions. Employee involvement and the prohibition of discrimination against an employee for reporting a work-related fatality, injury, or illness become effective on August 10, 2016.

OSHA states “employers, employees, employee representatives, the government, and researchers may be better able to identify and mitigate workplace hazards and thereby prevent worker injuries and illnesses.”1

Where did this idea come from?

Where did this idea of requiring electronic reporting surface?

It appears it started with the publishing of Richard H. Thaler and Cass R. Sunstein’s book, Nudge: Improving Decisions About Health, Wealth, and Happiness2 in February 2009. Later that year, Sunstein became President Obama’s “Regulatory Czar” on his White House staff. Two years later, Sunstein penned a memorandum to all government agencies, “Informing Consumers through Smart Disclosure.” “Smart disclosure” meant “the timely release of complex information and data in standardized, machine-readable formats in ways that enable consumers to make informed decisions.” 

On September 15, 2015, President Obama signed Executive Order 13707 Using Behavioral Science Insights to Better Serve the American People.  “Behavioral science” equates to “behavioral economics.”  Behavioral economics accounts for behaviors when people make economic decisions; traditional economics does not. 

Ministry of Truth

We’re moving closer to George Orwell’s Ministry of Truth in his classic novel, 1984.3 The federal government has evolved into a modern-day Ministry of Truth. We all want to be “informed consumers” who can take advantage of “smart disclosures” to make improved decisions about our health, wealth and, of course, our happiness. The problem with all this is the manipulated deception by those controlling the message. We step onto the slippery slope of believing the government is omnipotent.

The notion of “nudge”

The Thaler and Sunstein book presents the notion of Nudge, which involves the government, private organizations, and non-government organizations “nudging” individuals toward actions that are better for them.  This assumes these organizations actually know what is better for their audience than the audience knows better for itself. The authors believe that “libertarian paternalism” breaks through contentious debates facing society.4 It pushes people toward better choices without limiting their freedom to choose.

Electronic reporting of injury and illness data makes OSHA the “Choice Architect,” another term of Thaler and Sunstein.  By giving the public access to this data OSHA will “nudge” employers to abate hazards and prevent workplace injuries and illnesses, without OSHA having to conduct onsite inspections. 

Reading the six mechanisms to “nudge” employers to prevent injuries in the final rule’s preamble, you would think that OSHA believes there is going to be this massive data renaissance. Everyone is going to flood the OSHA website looking for injury and illness data of specific companies -- resulting in their making and changing their economic decisions when it comes to products of companies with high injury rates. This assumes the public will understand what the rates mean. By OSHA’s own admission, after interviewing 2,599 record keepers in 2,836 inspections over a 15-year period, 92 percent indicated that employees never requested access to any record data.

When a nudge is a shove

With all due respect to OSHA, when has the reporting of lagging metrics ever prevented worker injuries and illnesses? Without the context of an injury in hand, employers, employees, employee representatives (i.e., union representatives), the government, and researchers will not have the necessary information to identify and mitigate workplace hazards.  At best, OSHA’s stated benefit is overly optimistic and at worst, it is just plain naïve.

Personally, I’m not interested in the government or anyone for that matter telling me what is good for me. When OSHA in this case takes on the role of “nudging,” or as I would say “shoving” employers into what is good for them, we have stepped into the realm of “group think.” Group think stifles creative and systemic innovations to identify hazards and prevent injuries and illnesses. 

This “new” and “improved” rule will do nothing more than give OSHA, by its own admission a new tool to more rapidly track down companies with high injury rates in order to take enforcement action.  As far as the other altruistic reasons given by OSHA for the new rule, it will have a minimal effect over current efforts by employers to reduce injuries and illnesses in the workplace. Of course, there is always the possibility that the new rule could have the polar opposite effect resulting in the chilling of creative critical thinking.


1  81 FR 29629. May 12, 2016. 29 CFR Part 1904 and 1902. Improve Tracking of Workplace Injuries and Illnesses: Final Rule.

2  Thaler, R.H. and C.R. Sunstein. Nudge: Improving Decisions About Health, Wealth, and Happiness. Penguin Books. New York, NY. 2009.

3  Orwell, G. 1984. Penguin Books. New York, NY. 1949.

4  Op Cit. pp. 252.

KEYWORDS: rulemaking safety recordkeeping

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

James E. Leemann, Ph.D., retired after more than 40 years in the safety, occupational health, and environmental fields, working for DuPont, Conoco, and as contractors for the U.S. Strategic Petroleum Reserve. He also served as an adjunct assistant professor for 22 years at Tulane’s Celia Scott Weatherhead School of Public Health and Tropical Medicine.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • forklift safety

    Exploring the latest technologies in forklift safety

    With more staff and more stock in warehousing now more...
    Facility Safety
    By: Josh Cramer
  • welding

    All about welder’s flash or arc eye

    A flash burn is a painful inflammation of the cornea,...
    Environmental Health and Safety
  • dangerous jobs

    The 10 most dangerous jobs in the U.S.

    On-the-job deaths have been rising — hitting the highest...
    Construction Industry Safety and Health
    By: Benita Mehta
Manage My Account
  • eMagazine Subscriptions
  • ISHN Newsletter & Other Newsletter Alerts
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the ISHN audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of ISHN or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • man wearing the the Sundström SR200 Full Face Mask Respirator
    Sponsored byOHD

    5 Fit Testing Mistakes That Could Cost You

  • This image shows Magid AcuSpex polarized blue mirrored safety glasses.
    Sponsored byMagid Glove and Safety

    Construction PPE Guide: What Crews Need for Each Task

  • lone worker in confined space
    Sponsored byAlphasense Ltd.

    GET THE LEAD OUT of your Safety Oxygen Sensors!

Popular Stories

SpaceX 7 launch

OSHA Investigating Fatal Fall at SpaceX Starbase

Worker Impairment

How to Tell When a Co-Worker is Impaired? A Safety Pro’s Challenge

psychology in the workplace

Most Workplaces Measure Psychological Safety, Ignoring Psychosocial Risks

top 10 most dangerous jobs

Poll

Seasonal Readiness

With the federal heat stress prevention rule on the horizon, which area of your safety program needs the most attention?
View Results Poll Archive

Products

Surviving an OSHA Audit A Management Guide, 2nd Edition

Surviving an OSHA Audit A Management Guide, 2nd Edition

See More Products

ISHN Podcasts

Related Articles

  • OSHA's electronic recordkeeping rule raises concerns

    See More
  • Electronic recordkeeping rule in Congress’ crosshairs

    See More
  • OSHA to roll back electronic recordkeeping rule

    See More

Related Products

See More Products
  • 1118645685.jpg

    Advanced Safety Management: Focusing on Z10 and Serious Injury Prevention, 2nd Edition

  • Top Ten Pitfalls in OSHA Recordkeeping and How to Avoid Them

  • 9781482217148.jpg

    Fall Prevention and Protection: Principles, Guidelines, and Practices

See More Products

Events

View AllSubmit An Event
  • July 19, 2017

    ORCHSE Webinar - Advanced OSHA Injury & Illness Recordkeeping

    On Wednesday, July 19th from 2-3:30, ORCHSE Strategies's will be offering a webinar on Advanced OSHA Recordkeeping. This webinar targets those with knowledge of injury & illness recordkeeping requirements who would like to better understand the nuances and special rules associated with injury & illness recordkeeping.
View AllSubmit An Event
×

Become a Leader in Safety Culture

Build your knowledge with ISHN, covering key safety, health and industrial hygiene news, products, and trends.

JOIN TODAY
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing