May 25, 2017

OSHA Filing Date Up in the Air: A Summary of the Electronic Occupational Injury/Illness Reporting Requirement

Last year, the Occupational Safety and Health Administration (OSHA) promulgated a regulation that requires, among other things, certain employers to electronically submit occupational injury/illness information to OSHA beginning in July 2017. That regulation did not change employers’ existing obligations to collect, maintain and certify occupational injury/illness records. But, it does require some employers to electronically submit certain records, and the effective date for electronic reporting for jurisdictions covered by federal OSHA was to be phased in a series of dates, beginning July 1, 2017. Over 20 states operate under OSHA-approved state plans and the effective date for the new regulation may be different in each state plan jurisdiction. However, OSHA requires each state plan jurisdiction to adopt substantially identical provisions within six months of the final rule’s publication.

The regulation requires:

  • Establishments with 250 or more employees that are subject to OSHA's recordkeeping regulation must electronically submit certain information from:
    • the Log of Work-Related Injuries and Illnesses (OSHA Form 300).
    • the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A).
    • the Injury and Illness Incident Report (OSHA Form 301).
    • For employers in this “large establishment” category, an initial electronic submission deadline of July 1, 2017, was announced for form 300A. Also, by July 1, 2018, employers in this category must electronically submit forms 300A, 300 and 301. Beginning in 2019, the employer electronic submission deadline will change from July 1 to March 2.
  • Establishments with 20-249 employees in certain high-risk industries must submit to OSHA information from the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A).
    • High-risk industries include (but are not limited to) construction (NAICS Code 23), manufacturing (NAICS Codes 31-33), a wide variety of trucking and transportation industries, warehousing/storage (NAICS Code 4931), certain health care employers and hospitals, and commercial/industrial repair and maintenance employers. A list of regulated industries in this size category is available on the OSHA website at “Recordkeeping: NAICS Codes for Electronic Submission.”
    • For employers in this “20 to 249 employee establishment” category, there was an announced submission deadline of July 1, 2017, for form 300A. For 2018, the deadline for employers in this size category to submit form 300A is July 1, 2018. Beginning in 2019, the employer submission deadline will change from July 1 to March 2.
  • Establishments with fewer than 20 employees at all times during the year do not have to routinely submit such information electronically to OSHA.

For purposes of evaluating the number of employees at an establishment, OSHA requires employers to count full-time, part-time, seasonal and temporary workers. OSHA has been working on a secure portal/website for the electronic submission of information.

Recent Development Regarding the Initially Announced July 1, 2017 Deadline

The regulation is being challenged in a lawsuit (which remains pending), but OSHA has recently indicated that it is proposing a delay affecting the initial July 1, 2017, date for electronic submission of occupational injury/illness data. No reason was provided by OSHA, but the agency indicated that additional updates will be posted on its website as information becomes available. We will send further alerts when new information is released by OSHA.

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