In May of 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule “Improve Tracking of Workplace Injuries and Illnesses” to revise its recording and reporting occupational injuries and illnesses regulation.
This ruling, which became effective on January 1, 2017, requires establishments with 250 or more employees, as well as establishments with 20 or more employees in high risk industries, to electronically submit their 300A Form data to OSHA on an annual basis using the agency’s Injury Tracking Application (ITA).
On July 30, 2018, OSHA published a Notice of Proposed Rulemaking (NPRM), which rescinded the agency's previous requirement for establishments with 250 or more employees to electronically submit Forms 300 and 301. On January 24, 2019 OSHA announced on their website the final rule was finalized and they would NOT accept electronic submissions of 300 and 301 data.
This article reviews the steps employers must take to comply with the rule and provides an overview of the NPRM's provisions. If you are new to OSHA recordkeeping, check out our Ultimate OSHA Recordkeeping guide for the basics.
What data must organizations submit electronically to OSHA in 2020?
All covered establishments are required to electronically submit 300A form data for the previous calendar year by March 2.
Initially, the final rule had also required establishments with 250 or more employees to electronically submit additional injury and illness data from Forms 300 and 301 by this July 1 deadline.
However, in November of 2017, OSHA stated that it would not accept Form 300 and 301 information in 2018, instead planning to reconsider, revise, or remove provisions of the final rule, including the collection of Form 300 and Form 301 data.
On January 24th, 2019, OSHA published a new final rule to Protect Worker Privacy that rescinds the requirement to electronically submit Forms 300 and 301 for establishments with 250 or more employees. OSHA cited risk of disclosure of this sensitive information, costs to collect the data, and the burden of reporting the data on these forms as unjustifiable given uncertain benefits.
The table below further clarifies what data will be due by the rule’s submission deadlines.
|Submission Year||Data Collected in Calendar Year||Establishments with 250 or More Employees||Establishments with 20-249 Employees||Submission Deadline|
|2020||2019||Form 300A||Form 300A||March 2, 2020|
|2021||2020||Form 300A||Form 300A||March 2, 2021|
|2022||2021||Form 300A||Form 300A||March 2, 2022|
What else should I know about the new final rule to Protect Worker Privacy?
The new final rule also requires establishments to electronically submit their Employer Identification Number (EIN) along with their Form 300A injury and illness data, likely to assist in enforcement of the rule.
It's important to keep in mind that the final rule to Protect Worker Privacy has not eliminated the requirement for employers to fill out and keep records of 300 and 301 forms, it has just eliminated requirements to submit this data to OSHA electronically. You should still keep records of these forms and should be ready to present them to a compliance officer as part of an OSHA inspection.
Policies for Employers under State Plans
On April 30, 2018, OSHA issued a press release correcting an implementation error that impacts the compliance obligations of employers in state-plan states.
This correction stated that covered establishments in all states must now submit Form 300A data using OSHA’s ITA portal, even if an establishment is covered by a State Plan that has not completed adoption of their own state rule. OSHA also clarified that state government and local government establishments operating under State Plans are required to electronically submit Form 300A data if they otherwise meet the criteria for compliance.
The majority of states operating under a State Plan have since adopted an identical version of the rule, including:
- New Jersey;
- North Carolina;
- South Carolina;
- and Wyoming
However, as of January 1, 2020, a few state plans still have yet to implement the electronic recordkeeping rule, including Maryland, Utah, and Washington.
What does this mean for employers in state plans that have not adopted the rule?
OSHA is still requiring employers in all state plans to submit their data. However, employers should be aware that Federal OSHA does not have authority to compel employers with establishments in those states to submit data, and neither federal OSHA nor the state OSH agencies can cite a violation under 29 C.F.R. 1904.41, because that regulation does not apply to employers in State Plan States.
What happens if an employer failed to submit their 300A data by the first filing deadline?
OSHA has issued a memorandum outlining the agency’s enforcement policy of the electronic recordkeeping rule. As part of any onsite inspection, OSHA’s compliance officers will inquire whether an establishment has electronically filed its 300A form.
If the compliance officer learns that the establishment was required to electronically submit its 300A form and failed to do so, OSHA will issue an other-than-serious citation for failing to comply with the regulation. OSHA may also pursue a full recordkeeping audit if there is evidence of potential systemic recordkeeping issues.
The agency has announced that general industry employers who fail to electronically submit Form 300A data will be selected at random for OSHA inspections. OSHA will also target employers with high DART (Days Away, Restricted or Transferred) rates as part of this initiative. OSHA will use these data to create new programmed inspection lists for use by its Area Directors and State Plan states.
OSHA hopes the program will boost electronic recordkeeping compliance.
If you weren't able to submit your data by the deadline in previous years, this year is your chance to comply.
The Bottom Line: Recommendations for Employers
OSHA’s enforcement memorandum makes it clear that the agency is committed to the electronic collection of 300A Form information.
For establishments that have complied with the rule in previous years, submitting your Form 300A data by the March 2, 2019 deadline should be straightforward, as safety professionals will already have set up their organization’s ITA account, and will be familiar with the portal.
For establishments that will be submitting their data for the first time, it’s simple and easy to create an ITA account. However, to avoid setting up duplicate accounts for your company (and to avoid the duplication of data submissions), it’s best to coordinate with your team and clearly designate which individual(s) will be responsible for using the ITA and creating an account for your organization.
You can choose between two methods to submit your recordkeeping data, manually or through a batch submission process.
For manual submissions, you first need to add your establishments to the application by creating profiles for them. Once you have set up your establishments, you can then enter and submit OSHA 300A data for each one via a web form.
For a quicker and simpler submission process, the ITA also offers the option to upload a CSV file containing 300A data for many establishments at once. This method is ideal for employers that need to submit data for multiple establishments.
However it may help to take the time now to familiarize yourself with the ITA and explore tools that can make compliance even easier.
Clare Epstein is Chief Operating Officer of IndustrySafe, Inc. and oversees IndustrySafe Safety Management Software. Numerous organizations throughout the United States utilize IndustrySafe’s Incidents module to record, track, and analyze a variety of safety incidents; create accurate regulatory reports, including OSHA 300, 300A, and 301 logs; and prepare their 300A form data for electronic submission.