OSHA Delays E-Submission of Work-Related Injuries/Illnesses Until December 15, 2017
On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published a final Rule requiring certain employers to electronically report yearly data of work-related illness and injuries. Initially, the deadline for submitting this information for 2016 was July 1, 2017. However, because the electronic reporting system was not made available in time, the deadline was extended. Just last week, OSHA again extended the filing deadline. The new deadline is December 15, 2017.
This is good news for both employers who need more time familiarizing themselves with the electronic system, and for those who may not yet be aware of OSHA’s new electronic reporting Rule. No matter which camp you fall into, here is what you need to know:
Who must comply with the OSHA Rule?
Companies covered by the OSHA electronic reporting rule include: (a) companies with 250 or more employees that are currently required to keep OSHA injury and illness records; and (b) companies with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses. The complete list of these industries can be found here: https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.html
Note also that the following OSHA-approved State Plans have not yet adopted the requirement to submit injury and illness reports electronically: CA, MD, MN, SC, UT, WA and WY.
What does the OSHA Rule require?
Covered employers with 250 or more employees must electronically submit information from OSHA Forms 300 (Log of Work-Related Injuries and Illnesses), 300A (Summary of Work-Related Injuries and Illnesses), and 301 (Injury and Illness Incident Report). Covered employers with 20-249 employees must electronically submit information from OSHA Form 300A.
What are other important deadlines?
The new reporting requirements will be phased in over two years. In 2017, all covered entities must submit information from their completed 2016 Form 300A by December 15, 2017. In 2018, covered employers with 250 or more employees must submit information from all completed 2017 forms (300A, 300, and 301) by July 1, 2018, and covered employers with 20-249 employees must submit information from their completed 2017 Form 300A by July 1, 2018. Beginning in 2019, and every year thereafter, covered employers must submit information from the prior year by March 2nd.
How do employers comply with the Rule?
OSHA provides a secure website for submitting the information electronically, and offers three options: (a) manual entry of data into a web form; (b) upload of a CSV file (for either single or multiple establishments); and (c) transmission of automated recordkeeping systems through an API (application programming interface).
OSHA provides detailed and easy-to-follow instructions and guidance material to further educate employers on the relevant requirements, and to support users through the entire submission process. Those resources, including filing forms and account setup, can be found here: https://www.osha.gov/injuryreporting/
Of course and as always, MEA is available to answer our Members’ questions pertaining to these electronic reporting requirements.
Ciana Williams, Esq., SPHR
MidAtlantic Employers’ Association
*This Alert is provided for general informational purposes only and does not constitute legal advice.