December 20, 2017 – The Federal Occupational Safety and Health Administration (OSHA) announced it is accepting injury and illness reports through Dec. 31, 2017. Establishments affected by OSHA’s new electronic reporting rule that have yet to submit data may still do so without penalty through the end of the year. OSHA’s original first deadline for electronic reporting was July 1, though the administration officially delayed the deadline to Dec. 15.
Minnesota OSHA, and other Plan State Programs, are still evaluating the recordkeeping rule and may or may not adopt the rule, therefore online reporting by employers in these states is not required at this time. If your company resides in an OSHA Plan State, make sure the Plan State has finalized adoption and how they will enforce the regulation before providing any information on the OSHA website.
Not sure if you are in an OSHA Plan state or Federal state? Click here to check.
Recap: OSHA Electronic Reporting Rule
On May 12, 2016, OSHA issued a final rule requiring employers that are already required to create and maintain injury and illness records to electronically submit data from their work-related injury records to OSHA or to OSHA’s designee. The final rule also solidifies employee anti-retaliation protections for reporting work-related injuries and illnesses.
The data an employer must submit and the timeline for submitting this information to OSHA depends on establishment size.
Establishments in high-risk industries with between 20 and 249 employees will be required to submit some information from their OSHA Form 300A. Establishments with 250 or more employees will be required to submit information from their OSHA Forms 300A, 300 and 301.
During 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.
OSHA provides a secure website for the electronic submission of information, and includes web forms for direct data entry and instructions for other means of submission (e.g., Comma Space Value (CSV) file uploads). Organizations cannot submit their own format or scanned copies of the necessary documentation (e.g. signed OSHA 300 summary PDF).
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This regulatory update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.