OSHA Final Rule on Electronic Reporting
Posted December 27, 2016
On May 12, 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule requiring certain employers to electronically submit data from their work-related injury records to OSHA. The final rule also solidifies employee anti-retaliation protections for reporting work-related injuries and illnesses.
The final rule becomes effective on January 1, 2017, but compliance with anti-retaliation provisions and reporting deadlines will be phased in through 2019.
HIGHLIGHTS
- The final rule does not create additional recording requirements.
- Employers with 250 or more employees must submit data from their OSHA 300, 300A and 301 forms.
- Employers with between 20 and 249 employees must submit data from their OSHA 300A forms if they are part of an identified high-risk industry.
IMPORTANT DATES
July 1, 2017
Affected employers must submit data from OSHA Form 300A.
July 1, 2018
Some employers must submit data from OSHA Forms 300A, 300 and 301.
March 2 (2019 and beyond)
Affected employers must submit required data.
ACTION STEPS
Affected employers should consider the following action steps as a result of the final rule:
- Become familiar with the requirements in the final rule;
- Review their record-keeping and anti-retaliation policies and procedures to ensure they are in compliance with OSHA requirements; and
- Consider transitioning their OSHA record-keeping practices to an electronic format once details on how and where to submit electronic information to OSHA have been released.
OSHA’s final rule on mandatory electronic reporting of occupational injuries and illness data updates OSHA record-keeping obligations for employers that:
- Have at least 250 employees; or
- Have between 20 and 249 employees and are in a high-risk industry (as shown in the table below).
OSHA will collect information on injuries and illnesses to identify emerging hazards, characterize specific areas of concern or target inspection and outreach initiatives under OSHA’s emphasis program.
Submitting Electronic Data
The final rule requires certain employers to electronically submit the injury and illness information they are already required to keep under existing OSHA regulations. The data an employer must submit and the timeline for submitting this information to OSHA depends on the employer’s size.
| Submission Deadline | Number of Employees | |
| 250 or more | Between 20 and 249 | |
| July 1, 2017 | Form 300A | Form 300A |
| July 1, 2018 | Forms 300A, 300, 301 | Form 300A |
| March 2
(2019 and beyond) |
Forms 300A, 300, 301 | Form 300A |
Employers in high-risk industries with between 20 and 249 employees will be required to submit some information from their OSHA Form 300A. Employers with 250 or more employees will be required to submit information from their OSHA Forms 300A, 300 and 301. However, employers with 250 or more employees have an additional year to file data from their 300 and 301 forms.
During 2017 and 2018, the final rule requires employers to submit required information by July 1. For 2019 and beyond, employers will be required to submit required information by March 2.
Employee Privacy
The final rule allows OSHA to publicize the electronic data it collects from employers on a public website. The public may use this information to learn about the safety and health hazards associated with working for certain employers. For this reason, the final rule also stipulates that certain personal identifying information must be omitted from electronic submissions mentioned above. Specifically employers should not submit:
- Information from Column B (“Employee name”) on OSHA Form 300
- Information from Field 1 (“Employee name”), Field 2 (“Employee address”), Field 6 (“Name of physician or other health care professional”) or Field 7 (“If treatment was given away from the work-site, where was it given?”) on OSHA Form 301.
Anti-discrimination Provisions
The final rule contains three new provisions aimed at strengthening employee anti-retaliation protections, which were set to become effective on August 10, 2016 but have now been delayed to November 1, 2016. These provisions:
- Require employers to inform employees of their right to report work-related injuries and illnesses free from retaliation;
- Clarify that work-related injury and illness reporting methods must be reasonable and should not deter or discourage employees from reporting health and safety incidents; and
- Prohibit employers from retaliating against employees for reporting work-related injuries or illnesses.
More Information
Contact Horst Insurance or see the OSHA web page on the tracking of workplace injuries and illnesses for more information.
