Articles Discussing OSHA Record Keeping Requirements.

March 3, 2020 was the deadline for employers to electronically submit the required data from OSHA form 300A. Form 300A provides OSHA with a summary of all recordable work-related injuries and illnesses from the previous year and is to be filed through the electronic OSHA Injury Tracking Application (ITA). Employers

A recent Bloomberg Environment article reported that “Almost Half of Employers Didn’t Comply With Injury Reporting Rule.” Employers required to maintain injury and illness records were required to submit their 2017 annual summary of workplace injury and illnesses, OSHA 300A Form, by July 1, 2018. Approximately 460,192 employers were expected to file the 300A Form, but only 248,884 had actually filed by August 3, a month after the actual deadline.

It may be back to the drawing board for OSHA. OSHA had previously announced its intention to make changes to its 2016 Improve Tracking of Workplace Injuries and Illnesses regulation, but the recent Unified Agenda of Regulatory and Deregulatory Actions released December 14, 2017 provides some specific detail on what employers may expect as proposed changes to this regulation.

With the December 1, 2017 deadline fast approaching for covered employers to electronically submit injury and illness records to OSHA, the Agency has indicated that it is close to completing its review to the Obama-era Improve Tracking of Workplace Injuries and Illnesses final rule. In a Status Report filed on October 10, 2017 with U.S. District Court for the Western District of Oklahoma which has stayed litigation over the rule pending further rulemaking, the Department of Justice (“DOJ”) indicated that OSHA continues to develop a Notice of Proposed Rulemaking (“NPRM”) to “reconsider, revise, or remove provisions of the [Rule]” as announced in the July 20, 2017 Office of Information and Regulatory Affairs’ regulatory agenda.

Last week, the Occupational Safety and Health Administration announced that it intends to delay for an unknown period of time the initial compliance deadline for electronic submission of injury and illness recordkeeping forms.

In an email sent today to stakeholders, OSHA announced that it intends to delay the July 1, 2017 compliance date for the electronic submission of the 2016 Form 300A. As part of the final rule, Improve Tracking of Workplace Injuries and Illnesses issued in May 2016, employers had a phased in compliance deadline for the electronic submission of recordkeeping forms. For 2017, employers with establishments with 250 or more employees and establishments with less than 250 employees but 20 or more in certain high-risk industries were required to electronically submit their 2016 Form 300A by July 1, 2017. However, the secure website that OSHA intended to use for the submission of these recordkeeping forms has not been made available.

I recently had the chance to participate in a podcast for BLR’s EHS on Tap…listen in as we discuss the status of OSHA’s Electronic Recordkeeping rule.

The Occupational Safety and Health Administration has reminded employers they must post a copy of the agency’s “Summary of Work-Related Injuries and Illnesses” (Form 300A) summarizing job-related injuries and illnesses logged during 2016.

The White House is reviewing a proposed worker safety rule from the Occupational Safety and Health Administration that aims to expand the requirement on how long employers must maintain accurate records of worker injuries and illnesses.

In 2012, the U.S. Court of Appeals for the District of Columbia held that OSHA could not issue citations for failing to record an injury or illness beyond the six-month statute of limitations set out in the statute. AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012).

Last week a federal judge requested that OSHA agree to further extend the November 1st effective date for the anti-retaliation provisions in OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule.

Yesterday, OSHA announced that it would delay the effective date of one portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. Specifically, OSHA has delayed enforcement of the anti-retaliation provision, 1904.35(b)(1)(iv), from August 10, 2016 until November 1, 2016. Section 1904.35(b)(1)(iv), states, “[employers] must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.”

Employers must ensure they are in compliance with the anti-retaliation provisions of the Occupational Safety and Health Administration’s new electronic recordkeeping and reporting rule by August 10, 2016. The rest of the new regulation requiring certain employers to submit injury and illness data electronically to OSHA becomes effective on January 1, 2017.

Employers are not exempt from the Occupational Safety and Health Administration’s reporting rule for on-the-job injuries linked to alcohol intoxication even though the injured employee’s consumption of alcoholic beverages took place off the job.

OSHA’s long-awaited Final Rule on Electronic Recordkeeping is out and employers need to prepare for some significant new changes. During this webinar, our presenters will break down the rule to identify steps your company can take now to ensure compliance by the Rule’s most immediate effective date on August 10, 2016. Topics to be covered include: