Comments on Proposed Rule to Improve Tracking of Injuries

The Retail Industry Leaders Association (“RILA”) submits the following comments to the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) in response to the above-referenced notice of proposed rulemaking (NPRM) published in the Federal Register on November 8, 2013 at 78 Federal Register 67253. The retail industry places the utmost importance on workplace safety and health, and the accurate reporting of workplace incidents. While OSHA has long been a partner in those efforts, retailers are concerned that publicizing details of work place incidents, including sensitive information, injects suspicion, where cooperation has previously existed and potentially eliminates the benefits of that strong partnership. For example, the proposal would also reverse the agency’s long-standing, “no-fault” approach to recordkeeping, by releasing the data without context. Furthermore, the NPRM underestimates the burden and costs of implementation, places employee and company private information at risk, and lacks a demonstrated benefit to a change in the current reporting requirements. The proposed rule raises many concerns for our organization and its members and we strongly urge OSHA to withdraw it. Our specific concerns are set forth below.