In May 2016, OSHA issued it Final Rule for injury and illness recordkeeping, which required nearly all employers to electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301.
Specifically it would have mandated:
- All establishments with 250 or more employees in industries covered by the recordkeeping regulation to submit to OSHA annually their injury and illness data and information from their OSHA 300 Logs, 301 Incident Reports, and 300A Annual Summaries;
- Establishments with 20-249 employees in select “high hazard industries” to annually submit information from their 300A Annual Summaries only;
- All submissions to be done electronically, via OSHA’s secure website portal; and
- Employers’ injury data would be publicized in a public database.
It took effect on Aug. 10, 2016. However, its implementation was plagued with delays and court challenges.
Now, thanks to the Trump Administration, it is largely moot. On Jan. 25, 2019, OSHA published its Final Rule modifying its electronic reporting requirements. Effective Feb. 25, 2019, employers with 250 or more employees will no longer be required annually to electronically submit to OSHA information from Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report). The final rule does not eliminate the requirement of these employers to electronically submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). Further, all OSHA-covered employers are still required to maintain OSHA Forms 300 and 301 on-site, and OSHA will continue to obtain these forms as needed through inspections and enforcement actions.
According to OSHA, these changes “will allow OSHA to improve enforcement targeting and compliance assistance, decrease burden on employers, and protect worker privacy and safety.”
If you have any questions about your company’s recordkeeping obligations under OSHA, please contact one of our Occupational Safety & Health attorneys.