Please note: The following does not apply to California employers covered by Cal/OSHA at this time. Employers with operations in other states need to be aware of the new OSHA mandated electronic reporting rule.
In 2016, the federal division of the Occupational Safety and Health Administration (“OSHA”) issued a final rule relating to the tracking and reporting of workplace injuries. Effective January 1, 2017, employers must now electronically submit certain injury and illness records to OSHA.
Employers with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit: 1) log of work-related injuries and illnesses (“Form 300”); 2) summary of work-related injuries and illnesses (“Form 300A”); and 3) an injury and illness report (“Form 301”). Employers with 20-249 employees that are classified in certain industries, including agriculture and freight trucking, with historically high rates of occupational injury and/or illness in the workplace must electronically submit only Form 300A. All three forms and the instructions to complete the forms can be found here.
The required records of injuries and illnesses must be electronically submitted through the Injury Tracking Application, which can be found here. The electronic submission rule is set to phase in over the next two years and OSHA is currently requiring all covered employers to only electronically submit Form 300A. Originally, OSHA required all covered employers to electronically submit Form 300A by December 1, 2017. However, the deadline has now been extended to December 15, 2017, for employers to submit their information from their completed 2016 Form 300A.
Next year, employers with 250 or more employees must electronically submit all three 2017 forms (300A, 300, and 301) by July 1, 2018. Covered employers with 20-249 employees must submit a completed 2017 Form 300A by July 1, 2018. Beginning in 2019, and every year thereafter, employers must submit the required forms by March 2.
As stated above, California employers covered by Cal/OSHA are not required to follow the new federal requirements at this time and will not be required to do so until “substantially similar” state regulations go through the formal rulemaking, adoption, and approval process.
COUNSEL TO MANAGEMENT:
Employers who are regulated by federal OSHA must submit their Form 300A no later than December 15, 2017. Beginning in 2018, employers will need to adhere to the above rules and submit their 2017 forms no later than July 1, 2018.
For employers in California, Cal/OSHA has already drafted a rulemaking package to conform to the federal OSHA rules and employers should be on the lookout for California’s implementation of these federal rules. Should you need any OSHA and/or Cal/OSHA compliance advice, please do not hesitate to contact the experts at the Saqui Law Group.