Summary
Employers in certain industries will be required to electronically submit injury and illness data that employers are already required to keep under existing regulations. The frequency and content of these establishment-specific submissions is set out in this rule and is dependent on the size and industry of the employer. This amended rule (29 CFR 1904) will contain updated requirements on how employers inform employees to report work-related injuries and illnesses to their employer. It also requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation; clarifies the existing implicit requirement that an employer's procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and prohibits employers from retaliating against employees for reporting work-related injuries or illnesses. This amended rule clarifies the rights of employees and their representatives to access the injury and illness records. 29 CFR 1910.1053 and 29 CFR 1926.1153 are new respirable crystalline silica standards. These standards will have a lower permissible exposure limit (PEL) of 50 micrograms of respirable crystalline silica per cubic meter of air, averaged over an 8-hour day, in both general industry and construction, as compared to the previous PELs which were approximately equivalent to 100 micrograms per cubic meter for general industry and 250 micrograms/m3 for construction. These standards will also contain an action level of 25 micrograms per cubic meter, averaged over an 8-hour day, and associated ancillary requirements. These incorporated standards will contain provisions for measuring how much silica workers are exposed to, limiting workers' access to areas where silica exposures are high, using effective methods for reducing exposures, providing medical exams to workers, establishing and implementing control plans, and training workers about silica-related hazards and how to limit exposure.