ABC is concerned about a proposal from the Biden administration that will increase the number of contractors subject to electronic safety data submission requirements and carry risks for exposing confidential business information by posting parts of the submissions on a public website.

On March 30, the U.S. Department of Labor’s Occupational Safety and Health Administration issued proposed amendments to its occupational injury and illness recordkeeping regulation. Under this proposal, covered establishments with 100 or more employees in certain high-hazard industries—including construction—will be required to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year. In addition, the proposal will remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually and require establishments to include their company names when making electronic submissions.

The DOL indicates it will remove injury and illness information that reasonably identifies individuals directly, such as individuals’ names and contact information, and share the information on a public website. However, given the confidential business details included in the form and the high risk of disclosure, ABC has serious concerns.

ABC plans to submit a comment letter on this ruling. The public has until May 31 to submit comments.

According to DOL’s press release, the proposed rule would:

• Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year.
• Update the classification system used to determine the list of industries covered by the electronic submission requirement.
• Remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually.
• Require establishments to include their company names when making electronic submissions to OSHA.

Establishments with 20 or more employees in certain high-hazard industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA annually.

OSHA’s electronic injury reporting rule was first issued during the Obama era, and ABC filed a lawsuit against it. In 2019, the Trump-era DOL issued the Tracking of Workplace Injuries and Illnesses Final Rule, which amended the Obama-era final rule and eliminated the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA annually. Under the 2019 final rule, covered establishments are only required to electronically submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) to OSHA.

Learn more about OSHA’s Injury and Illness Recordkeeping and Reporting Requirements.