OSHA Accepting Electronic Reports After July 1 Deadline

In 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule that requires certain establishments to electronically report information from their injury and illness records. Under the rule, electronic reports on 2017 data were due by July 1, 2018.

If an establishment subject to the rule missed this deadline, OSHA will still accept its electronic report on 2017 data from Form 300A but will flag the submission as “late.”

OSHA is not accepting any electronic submissions of data from Forms 300 and 301 and will not enforce the July 1, 2018, deadline for information from those forms.

  • Covered establishments that missed July 1, 2018, electronic reporting deadline should immediately submit their 2017 Form 300A data through OSHA’s Injury Tracking Application (ITA).
  • Covered establishments should not submit any 2017 data from Forms 300 and 301 through the ITA.

Background

On May 12, 2016, OSHA issued a final rule that requires certain establishments to electronically submit information about work-related injuries, illnesses and incidents through the agency’s ITA website every year. The electronic rule affects:

  • Establishments that were already required to create and maintain OSHA injury and illness records and have 250 or more employees; and
  • Establishments that have between 20 and 249 employees and belong to a high-risk industry.

The rule also applies to establishments that receive a specific request from OSHA to create, maintain and submit electronic records, even if they would otherwise be exempt from OSHA recordkeeping requirements.

Under the rule, covered establishments with between 20 and 249 employees were required to submit information from Form 300A by July 1, 2018. Covered establishments with 250 or more employees were required to electronically submit information from their 2017 OSHA Forms 300A, 300 and 301 by that date. In June 2018, however, OSHA announced that, until further notice, it will not:

  • Enforce the July 1, 2018, deadline for information from Forms 300 and 301; or
  • Accept any electronic reports on information from Forms 300 and 301.

Except as described below, this announcement did not affect the final rule’s requirements for data from Form 300A.

Form 300A – 2017 Data

OSHA’s June 2018 announcement confirmed that all establishments subject to the electronic reporting rule must still use the ITA to submit information from Form 300A. The announcement also indicated that OSHA will continue accepting electronic submissions of 2017 Form 300A data after the July 1, 2018, deadline. However, these submissions will be flagged as late.

OSHA has not provided any specific guidance regarding how it will enforce the final rule against establishments that file late reports on 2017 information. Under the rule itself, an establishment that fails to submit an electronic report as required may be charged with an “other-than-serious” violation. This type of violation is punishable by a fine of up to $12,934.

Form 300A – 2018 (and Later) Data

Starting in 2019, covered establishments must electronically file data from Form 300A by March 2 every year.  Contact Vanner Insurance Agency or visit OSHA’s ITA website for more information regarding electronic reporting.