OSHA Issues Final Rule Requiring Electronic Submission (for some) of Workplace Injury Data

The Occupational Safety and Health Administration (OSHA) issued a final rule yesterday to require employers in certain industries to electronically submit injury and illness data.  OSHA’s regulations (29 CFR Part 1904) require employers with more than 10 employees in most industries to keep records of occupational injuries and illnesses at their establishments.  Employers covered by these rules must record each recordable employee injury and illness on an OSHA Form 300 (the “Log of Work-Related Injuries and Illnesses”) with supplemental information on a Form 301 (“Injury and Illness Incident Report”), and an end-of-year summary on a Form 300A (“Summary of Work-Related Injuries and Illnesses”).

For those covered employers, this final rule requires establishments with 250 or more employees to electronically submit information from their Part 1904 recordkeeping forms (Forms 300, 301, and 300A) on an annual basis.  The rule also requires establishments with 20 or more employees (but fewer than 250), in certain designated industries, to electronically submit their Form 300A to OSHA or OSHA’s designee on an annual basis.  Upon notification, an employer can also be required to submit information from any of the recordkeeping forms electronically to OSHA or OSHA’s designee.

These electronic submission requirements do not change (or add to) an employer’s obligation to complete and retain injury and illness records under OSHA regulations.  The final rule also not change the recording criteria.

The final rule is available here.