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OSHA Proposes New Injury and Accident Reporting Rules

Posted: July 7, 2011

OSHA has published a "Notice of Proposed Rulemaking" in the Federal Register regarding revisions and updates to injury and illness recording and reporting regulations. There are two key proposed changes that would impact funeral service.

The proposed changes would revise the list of industries that are partially-exempt from maintaining records of occupational injuries and illnesses due to their low rates of injuries and illnesses. Funeral service would continue to be exempt. The proposed change would also add cemeteries and crematories to the list of exempted employers; a major change for the profession. The provision that an otherwise exempt employer can, individually, be required to maintain yearly injury and illness records would remain unchanged.

Currently, all employers, including those who are exempt from recording and reporting requirements, must report to OSHA, within 8 hours, work-related incidents involving fatalities or the in-patient hospitalization of three or more employees. A proposed change would require all employers, including those who are otherwise exempt from reporting and recording requirements, to report:

  • Work-related incidents that result in the death of an employee or in the in-patient hospitalization of one or more employees within eight hours.
  • A work-related amputation suffered by an employee within 24 hours.

NFDA believes this revision to the reporting requirement for death, hospitalization or amputation is reasonable does not oppose it.

OSHA "state plan" states must promulgate occupational injury and illness reporting and recording requirements that are the same as the federal requirements; however, state plan states can be more stringent regarding the industries that are exempt from the annual recording requirements. State funeral service associations should, therefore, closely monitor whether funeral homes, cemeteries and crematories will be exempt in their state.

OSHA is currently seeking comments on its proposed revisions. NFDA will monitor this proposed regulation to ensure that funeral homes, cemeteries and crematories remain exempt from recording and reporting requirements in the final rule. NFDA will act immediately if there is any attempt to remove these exemptions.