To improve workplace safety, the Occupational Safety and Health Administration (OSHA) in 2016 issued a rule entitled “Improve Tracking of Workplace Injuries and Illnesses” (the Electronic Reporting Rule). The rule required certain covered establishments to submit electronically to OSHA three forms detailing their workplace injury and illness data—OSHA Forms 300, 301, and 300A. On January 25, 2019, OSHA published a new rule entitled “Tracking of Workplace Injuries and Illnesses” (the Rollback Rule), that rescinds the Electronic Reporting Rule’s requirement that covered establishments electronically submit to OSHA information from OSHA Forms 300 and 301.
On January 25, 2019, Public Citizen, the American Public Health Association, and the Council of State and Territorial Epidemiologists filed suit arguing that the Rollback Rule should be declared unlawful and set aside because OSHA has failed to provide a reasoned explanation for its change in position, failed to adequately consider comments submitted in opposition to the change, and relied on considerations that have no sound basis in law. The groups asked the court to vacate the Rollback Rule and order OSHA to require and accept submissions required by the Electronic Reporting Rule. On January 11, 2021, the Court issued a decision dismissing our challenge for lack of standing. We have appealed to the D.C. Circuit.