Recently, the Occupational Safety and Health Administration (“OSHA”) made clear that it will no longer collect or require employers with 250 or more employees per establishment (per physical location of a single business) to submit the 300 Log or the 301 Forms (Illness and Injury Recordkeeping forms). OSHA will require all employers, including those on state plans (if not on the federal plan) and covered by the regulation, to only submit the 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the 300A Forms must be submitted by March 2.
“Covered employers” is defined by OSHA as “most private sector employers and their employees in the 50 states, the District of Columbia, Puerto Rico and other U.S. territories.” “Covered establishments with 250 or more employees are only required to provide their 2017 Form 300A summary data. OSHA is not accepting Form 300 and 301 information at this time. OSHA announced that it will issue a notice of proposed rulemaking (NPRM) to reconsider, revise, or remove provisions of the ‘Improve Tracking of Workplace Injuries and Illnesses’ final rule, including the collection of the Forms 300/301 data. The Agency is currently drafting that NPRM and will seek comment on those provisions.”
In addition, OSHA is now requiring employers on state plans to submit their injury and illness data through OSHA’s portal even if their state has not yet adopted the Improve Tracking of Workplace Injuries and Illnesses regulations. They must submit their 300A Forms for Calendar Year 2017 using the Injury Tracking Application (“ITA”) on OSHA’s website by July 1, 2018. According to OSHA, “[t]here will be no retroactive requirement for employers covered by State Plans that have not adopted a state rule to submit data for Calendar Year 2016.” However, an agency official recently clarified that since OSHA does not have jurisdiction in those states with state plans, it is prohibited from enforcing the regulation and cannot issue citations to employers for failing to electronically submit the 2017 300A, and since those certain state plans have yet to adopt the regulation they are equally prohibited from enforcing the requirement and cannot issue citations to employers. So while OSHA is requiring employers in state plans that have not yet adopted the regulation to submit their 2017 300A, it has acknowledged that it has no enforcement authority for those employers who fail to do so.
Coverage: Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses.
Effective: In 2018, covered establishments must submit information from their completed 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, covered establishments must submit the information by March 2.
Action Required: Affected employers should prepare to submit the data from their 2017 Form 300A via the OSHA ITA by July 1, 2018.
As always, please be sure to contact your HR Business Partner if you have any questions.
* Produced in cooperation with Jackson Lewis P.C.