OSHA’s Electronic Injury Reporting and Anti-Retaliation final rule requires certain establishments to electronically submit information from their OSHA Form 300A for calendar year 2018 by March 2.

Who is required to submit the OSHA Form 300A?

• Establishments with 250 or more employees at any time during the previous calendar year must submit information from their 2018 Form 300A by March 2.
• Establishments with 20-249 employees in certain high-risk industries (outlined here) must submit information from their 2018 Form 300A by March 2.

If employers in State Plan states have questions about their obligation to submit injury and illness information, they should contact their State Plan office.

Information on how to electronically submit the OSHA Form 300A can be found on OSHA’s Injury Tracking Application website.

Background on the rule:

• On May 12, 2016, OSHA issued the Electronic Injury Reporting and Anti-Retaliation final rule, also known as Improve Tracking of Workplace Injuries and Illnesses, which requires many employers to electronically submit detailed injury and illness records to OSHA. Also, some forms of post-accident drug testing and accident-free incentive programs are deemed to be unlawfully retaliatory.
• Enforcement of the anti-retaliation provisions of the final rule went into effect on Dec. 1, 2016. The compliance schedule for certain employers to submit OSHA Form 300A information through the Injury Tracking Application is available here.
• On July 30, OSHA proposed to remove certain provisions of its 2016 final rule, including the requirement that certain employers electronically submit their 300 logs and 301 forms to OSHA. The proposal failed to make any revisions to the anti-retaliation provisions.
• ABC submitted comments on the proposed rule, highlighting its concerns about the rule’s failure to address the anti-retaliation provisions included in the 2016 rule. A final rule is expected imminently.
• A lawsuit filed against the 2016 final rule by ABC and a coalition of stakeholders has been paused awaiting the outcome of the current rulemaking.
• On Oct. 11, OSHA issued a memorandum clarifying its position on workplace safety incentive programs and post-incident drug testing included in the 2016 final rule. The OSHA memo is a positive step.

This article is intended for informational purposes only and does not constitute legal advice or opinion.