OSHA Issues Clarification on New Form 300A Requirements

On April 30, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a correction concerning the new “Improve Tracking of Workplace Injuries and Illnesses” regulation that requires certain employers to submit injury and illness data online. The error was found following a review of the requirements.

According to the correction, “OSHA determined that Section 18(c)(7) of the Occupational Safety and Health Act, and relevant OSHA regulations pertaining to State Plans, require all affected employers to submit injury and illness data in the Injury Tracking Application (ITA) online portal, even if the employer is covered by a State Plan that has not completed adoption of their own state rule.”

In short, this announcement means employers in state plans must submit their data online even if the state has not adopted the regulation. Employers covered by state plans are required to comply immediately and submit all data for calendar year 2017. Data is to be submitted by July 1. The deadline to submit calendar year 2018 data will be March 2, 2019. As of now, this requirement does not comply to employers that were covered by state plans in 2016.

All information is to be submitted on OSHA’s Injury Tracking Application (ITA) online portal. The requirement applies to establishments with 250 or more employees, or establishment with 20 or more employees that fall into certain high-risk industries. The list of applicable industries can be found here; utilities, construction, manufacturing and more are included.

OSHA is currently only accepting Form 300A for 2017 on the ITA. Per an announcement on the ITA website, OSHA is not accepting Form 300 or Form 301 data at this time.

“OSHA announced that it will issue a notice of proposed rulemaking (NPRM) to reconsider, revise, or remove provisions of the ‘Improve Tracking of Workplace Injuries and Illnesses’ final rule, including the collection of the Forms 300/301 data,” the announcement states. “The Agency is currently drafting that NPRM and will seek comment on those provisions.”

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