The Occupational Safety and Health Administration recently issued a revised directive for its national emphasis program (NEP) that cracks down on underreporting of occupational injuries and illnesses. OSHA will target and investigate manufacturing companies, companies with large worksites, and companies whose injury reporting rates are much lower than the industry standard.

Last year, OSHA launched its "National Emphasis Program on Recordkeeping" after several academic studies found that many companies were underreporting or incorrectly reporting workplace-related injuries and illnesses. Through the NEP, OSHA aims to correct such inaccurate reporting with stricter enforcement.

The significant NEP changes include:

  • Expanding the industry scope, with an emphasis on manufacturing
  • Removing the deletion criterion for establishments that have recalculated days away, restriction, and transfer (DART) rates greater than 4.2
  • Changing the injury and illness rate criterion from a DART rate of 4.2 to a DART rate greater than 4.2 and less than 8.0
    Using OSHA Data Initiative (ODI) data from 2008 for targeting list selection
  • Focusing on company records from the 2008 and 2009 calendar years

These revisions became effective September 28, 2010. The NEP pilot program will continue through February 2012. If you have questions about how the revisions might affect your business, please contact David S. Fryman, 215.864.8105 or; or any other member of Ballard Spahr's Labor and Employment Group.

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