OSHA Eliminates Requirement for Certain Employers to Electronically Submit Information from Forms 300 & 301 to OSHA
On January 25, 2019, OSHA issued a final rule eliminating the requirement that employers with 250 or more employees electronically submit information from Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report) to OSHA each year. These employers, however, are still required to electronically submit information from Form 300A (Summary of Work-Related Injuries and Illnesses) to OSHA through a secured OSHA website. Collection of calendar year 2018 information from the OSHA Form 300A began on January 2, 2019, and the deadline for electronic submissions is March 2, 2019. OSHA maintains that its final rule will protect sensitive worker information and decrease the burden on employers.
The final rule, which becomes effective on February 25, 2019, does not alter an employer’s duty to maintain OSHA Forms 300 and 301 on-site, and OSHA will continue to obtain these forms in the course of inspections and enforcement actions. The final rule also does not alter the requirement that employers in certain designated industries with 20 to 249 employees electronically submit information from Form 300A to OSHA. (Employers in this category were never required, now or previously, to submit any information from Forms 300 or 301 electronically.) Also, employers with 10 or fewer employees at all times during the prior calendar year, as well as those employers in certain low-hazard industries (regardless of the number of employees they employ), are exempt from maintaining any OSHA injury and illness records, much less electronically submitting any such information to OSHA.
In addition to complying with OSHA’s recordkeeping requirements (29 CFR Part 1904), employers are reminded to analyze the effectiveness of their health and safety programs on an ongoing basis and to ensure their preparedness in the event OSHA shows up unannounced to conduct a workplace inspection.
If you have any questions regarding the above information or wish to discuss any occupational safety and health law issues, contact:
- Michael Rubin
- Anthony M. Kroese
- Or another member of our OSHA and Worksite Safety Practice Group