Under the U.S. Department of Labor’s (DOL) Electronic Injury Reporting and Anti-Retaliation final rule (also known as Improve Tracking of Workplace Injuries and Illnesses) certain employers are required to electronically submit the information from their completed 2016 Form 300A by Dec. 15. 

The following information on electronic reporting is available on the DOL’s website:

• Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by Dec. 15, 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 must submit information from their 2016 Form 300A by Dec. 15, 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.

According to the DOL website, the following Occupational Safety and Health Administration (OSHA)-approved state plans have not yet adopted the requirement to submit injury and illness reports electronically: California, Maryland, Minnesota, South Carolina, Utah, Washington and Wyoming. Establishments in these states are not currently required to submit their summary data through the injury tracking application. Similarly, state and local government establishments in Illinois, Maine, New Jersey and New York are not currently required to submit their data through the Injury Tracking Application. 

Contact information for each of the state plans can be found on OSHA’s website.

A Nov. 22 OSHA news release indicated the agency intends to publish a notice of proposed rulemaking to reconsider, revise, or remove other portions of the final rule in 2018.

Note: Enforcement of the anti-retaliation provisions of the final rule went into effect on Dec. 1, 2016.

In 2016, ABC filed a lawsuit against the final rule, which remains pending.
 
More information about the final rule can be found on DOL’s website and on the Injury Tracking Application landing page.

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