OSHA finalizes new rule

OSHA finalizes rule requiring certain employers to submit electronic injury and illness information.

In the May 12, 2016 Federal Register, the Occupational Safety and Health Administration (OSHA) published a final rule requiring the electronic submission of injury and illness information.

This information will be publicly available for review by the public online. Employers that are currently covered by OSHA’s record-keeping regulation and have 250 or more employees will be required to electronically submit OSHA forms 300, 300A, and 301.

Employers in specific industries with 20-249 employees will be required to electronically submit Form 300A.

Although the new rule requires electronic submission of OSHA forms, the rule does not require employers to gather any additional information.

In addition to the electronic submission requirements, the rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation.

The rule also clarifies the requirement that procedures for reporting these injuries and illnesses must be reasonable and cannot deter or discourage employees from reporting and also incorporates the existing statutory prohibition on retaliating against employees for reporting a work-related injury or illness.

These new requirements become effective August 10, 2016 and the data submissions will be phased in, starting in 2017. The phase-in is as follows:

Submission Year 2017:

Establishments with 250 or more employees must submit 300A

Establishments with 20-249 employees in designated industries must submit: 300A

Submission Deadline: July 1, 2017

Submission Year 2018:

Establishments with 250 or more employees must submit 300A, 300, 301

Establishments with 20-249 employees in designated industries must submit: 300A

Submission Deadline: July 1, 2018

Beginning in 2019, all establishments required to submit information will be required to submit the information by March 2 after the calendar year covered by the form or forms (for example, submit the forms covering the year 2018 by March 2, 2019.

OSHA intends to make all collected data fields from Form 300A available in the online database. Form 300 information will be posted, although employee names will not be collected. Fields 10 through 18 on Form 301 will be released as well.

Sources:

OSHA, Final rule, Improve Tracking of Workplace Injuries and Illnesses, 81 FR 29623, May 12, 2016

Establishments in the following industries with 20 to 249 employees must submit injury and illness summary (Form 300A) data to OSHA electronically

For more detailed information, refer directly to the guidance.

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