Update: Electronic Submission of Injury and Illness Records to OSHA Requirement

Federal OSHA’s new requirement for electronic submission of injury and illness records has taken effect but with delays on the dates of enforcement compared with the original rule.  The delay was expected as the original deadline for companies to electronically file their Form 300A was July 1, 2017 but the electronic reporting system did not become available until August 1^st.  Employers with 250 or more employees in industries covered by the recording keeping regulation and employers with 20 to 249 employees in certain high-risk industries (agriculture, construction, grocery stores, gambling industries, etc.) must submit their 2016 Form 300A by December 1, 2017.  Below is a link to industries that fall under OSHA’s high-risk category for employers with 20 to 249 employees.  The list contains industries which you may not expect to be classified as high risk.

Employers falling under the regulation must submit their 2017 300A, 300 and 301 forms by July 1, 2018.  Beginning in 2019, the forms from the previous year must be submitted by March 2^nd.  The current regulation does not apply to states that operate their own OSHA programs such as California with Cal/OSHA.  However, the federal OSHA requires that state plans adopt rules at least as protective within six months.  Cal/OSHA has drafted a proposed rule to conform with the new federal OSHA requirements which is currently under internal review.  We will update you when Cal/OSHA provides additional information on their proposed rule.

Here is the link to the OSHA webpage with information concerning the new rule.

https://www.osha.gov/recordkeeping/finalrule/index.html

Here is the link to the “high-risk” industries which fall under the new rule.

https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.html