In the July 30, 2018 Federal Register, the Occupational Safety and Health Administration (OSHA) released a proposed rule amending its record keeping and reporting regulations in 29 CFR 1904. The rule would amend OSHA’s final rule from May 2016, which required electronic submission of OSHA forms. The 2018 proposed rule removes the requirement for establishments with 250 or more employees to electronically submit OSHA Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). These establishments will still be required to submit OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). OSHA also proposed requiring covered employers to submit their Employer Identification Number (EIN) in conjunction with the electronically reported data. Public comments will be accepted through September 28, 2018.
OSHA’s rationale for the proposed rule change is that Form 300A provides sufficient information to target high-hazard establishments for targeted enforcement, but that Forms 300 and 301 include significant amounts of personal information that could potentially affect workers’ privacy. Form 300A summarizes the incident data without information that can be linked to individual workers.
OSHA’s 2016 rule required that covered establishments with 250 or more employees submit Forms 300 and 301 by July 1, 2018. In subsequent years, these establishments are required to submit the Forms by March 2. In the July 30, 2018 proposed rule, OSHA stated it will not enforce this deadline, or any others regarding Forms 300 and 301 without further notice while this rulemaking continues.