OSHA issued its 2023 injury and illness data. This information is required under OSHA’s new injury and illness reporting rule, which many organizations and groups in the construction community were strongly opposed to. The rule requires certain employers electronically submit to OSHA information from their OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report), and mandates the data be published on a searchable database without key context on the injuries and illnesses.

 It remains to be seen whether, as was cautioned, the electronic submission and public posting of this data . . . serves only to put employers at risk for improper disclosure, mischaracterization of the data and release of sensitive employer as well as employee information. This danger to unauthorized use, is more severe for smaller entities that may be particularly vulnerable to release of such information, where data can irreparably harm their business and individual employee information may be easier to ascertain (given the fewer numbers of employees in which to aggregate the data).