Recently, several academic studies have asserted varying
degrees of under-recording of workplace injuries and illnesses
on the OSHA Form 300; (e.g., Boden L.I., Ozonoff A. Capture-Recapture
Estimates of Nonfatal Workplace Injuries and Illnesses,
2008 and Rosenman K.D. How Much Work-Related Injury and
Illness is Missed By the Current National Surveillance System,
2006). At the request of the Senate Committee on Health,
Education, Labor and Pensions and the House Committee on
Education and Labor, the Government Accountability Office
(GAO) initiated a study on the accuracy of employer injury
and illness records. In an effort to identify and correct
under-recorded and incorrectly recorded cases and to work
cooperatively with the GAO, OSHA is initiating this NEP.
This NEP also complements the Bureau of Labor Statistics'
efforts to investigate factors accounting for differences
in the number of workplace injuries and illnesses estimated
by the BLS and other data sources.
OSHA postulates the most likely places where under-recorded
injuries and illnesses may exist would be low rate establishments
operating in historically high rate industries. The NEP
will pilot test OSHA's ability to effectively target establishments
to identify under-recording of occupational injuries and
MOSH is participating in this NEP to assist OSHA in its
effort to address the issue of inaccurate recording of occupational
injuries and illnesses.
The expiration date is extended by one year (see section
The deletion criteria for establishments with NAICS codes
other than those listed in Appendix A has been removed.
OSHA will continue to select establishments for inspection
based on NAICS codes listed in Appendix A. However, if during
the inspection it is discovered that the establishment's
true NAICS code is not listed on Appendix A, the inspection
will be conducted as long as the industry is not exempted
under Part 1904.2 from the recordkeeping requirements.
The Questionnaires contained in Appendix C have been modified
to gather additional information.
The IMIS coding will no longer be captured in Item 46
Optional Information but will be captured in item 25d, NEP
coding (see section XV).
- The Assistance Commissioner shall ensure that the policies
and procedures set forth in this instruction are followed,
and that professional judgment is used when conducting
inspections under this NEP.
- The Chief of Compliance shall request a list of establishments
to be inspected from the Office of Statistical Analysis.
The list shall not exceed five establishments. Public
sector establishments that appear on the list will not
be deleted from the list.
- The Chief of Compliance shall ensure that inspections
conducted under this NEP are conducted in accordance with
OSHA Instruction, Directive Number CPL 02-10-02, dated
cc: J. Ronald DeJuliis, Commissioner, Division of Labor
Craig D. Lowry, Deputy Commissioner, Division of Labor and
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings