California Issues Emergency Regulation for Electronic Submission of 300A Forms by December 31, 2018
12/01/18
Author: ADP Admin/Monday, December 3, 2018/Categories: California
Overview: California employers with 250 or more employees per establishment or employers with 20-249 employees in certain identified industries (which is the same as Federal OSHA) must electronically submit to the Federal OSHA website by December 31, 2018 and then each year thereafter.
Effective Date: Employers in California should be prepared to submit their 2017 300A Forms to Federal OSHA no later than December 31, 2018. After this, employers must submit the information by March 2 of the year after the calendar year covered by the forms. In other words, employers must submit 2018 300A Forms not later than March 2, 2019.
Details:
California has issued emergency regulations amending provisions on workplace safety reporting. The state requires employers to report certain injury and illness data to the state Occupational Safety and Health Program (Cal/OSHA) and the federal Occupational Safety and Health Administration (OSHA).
The amended regulations require an establishment with 250 or more employees to submit information from the Cal/OSHA Form 30QA, titled Summary of Work-Related Injuries and Illnesses, electronically to Cal/OSHA once per year. Similarly, the amended regulations require an employer of an establishment with 20 or more but fewer than 250 employees in certain enumerated industries to electronically submit information from Cal/OSHA Form 300A, titled Summary of Work-Related Injuries and Illnesses, to OSHA or OSHA’s designee electronically once per year. Employers that are partially exempt from keeping Cal/OSHA injury and illness records are not required to submit these annual reports, but must submit the information if requested by OSHA.
The regulations also require employers to electronically submit the required information upon notification from OSHA or OSHA’s designee. The amended regulations state that OSHA will notify the employer by mail if it must submit this information. It will also announce data collections in the Federal Register, OSHA newsletter, and announcements on the OSHA website. OSHA will not notify the employers that must routinely submit the information about their routine submittal.
In calculating the size of an establishment, the amended regulations clarify that each individual employed in the establishment at any time during the calendar year should be counted, including full-time, part-time, seasonal, and temporary workers. An enterprise or corporate office may collect and submit the information for the establishment if the enterprise or corporate office had ownership or control over the establishment.
For 2018, employers must submit the required reports by December 31, 2018. After this, employers must submit the information by March 2 of the year after the calendar year covered by the forms. In other words, employers must submit 2018 information by March 2, 2019.
The amended regulations are codified at title 8, sections 14300.35 and 14300.41 of the California Code of Regulations.
Action Required: Ensure compliance personnel are familiar with the amended regulations’ requirements and calendar submission of required information by December 31, 2018. As always, please be sure to contact your HR Business Partner for guidance and if you have any questions.
*Produced in partnership with Littler Mendelson P.C.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.
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