OSHA’s electronic injury reporting rule still in effect
By: Travis Rhoden
Publication: Workplace Safety Regulatory Alert
Date Posted: 03/15/2017
There have been several recent Executive Orders (EO) delaying or stopping rulemakings. For example, one EO delayed the effective dates of recently published rules for 60 days. Another Order directs agencies to remove two older rules for every new rule they develop.
From the OSHA standpoint, there has been much buzz about the electronic reporting rule, which was effective prior to the EOs taking effect, but has a future compliance date (July 1, 2017). Because the EO referenced above only addressed “effective dates” of rules it did not extend to the electronic reporting rule’s compliance dates. Therefore, as it stands now, the rule is still in effect and covered employers will need to make their first data submission to OSHA by July 1, 2017.
Now, this could change via other legislative or regulatory maneuvers, or legal rulings (the rule has been the subject of litigation). But, for now, employers must be prepared that their injury/illness data will need to be sent to OSHA this year.
The new reporting requirements will be phased in over two years:
- Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.
- Establishments with 20-249 employees in certain high-risk industries (see www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.html) must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.
This article was featured in the Workplace Safety Regulatory Alert newsletter.
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