OSHA’s Tracking of Workplace Injuries and Illnesses 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 Jan. 25, 2019, OSHA issued the Tracking of Workplace Injuries and Illnesses final rule, which revised the Obama administration’s 2016 final rule. The 2019 final rule eliminates 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. According to the press release, “the final rule does not alter an employer’s duty to maintain OSHA Forms 300 and 301 on site, and OSHA will continue to obtain these forms as needed through inspections and enforcement actions.” 

Under the final rule, covered establishments are only required to electronically submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) to OSHA. Information on how to electronically submit the OSHA Form 300A can be found on OSHA’s Injury Tracking Application website. 

The final rule also requires covered employers to submit their Employer Identification Number electronically along with their OSHA Form 300A submission. According to the final rule, the EIN will be required for covered establishments submitting their 300A data from 2019, but not for covered establishments submitting their 300A data from 2018, which is due by March 2, 2019. 

Although the Trump administration rulemaking did not focus on employee drug testing and incident-based incentive programs included in the Obama-era 2016 rule, the final rule did mention an Oct. 11, 2018 OSHA memo that explained its position on workplace incentive programs and post-incident drug testing. The rule states:

That memorandum—which referred to the 2016 final rule and its preamble—reiterated the rule’s limited scope and expressed how it “does not prohibit workplace safety incentive programs or post-incident drug testing.” To the extent the 2016 preamble suggested otherwise, it has been superseded. While not the focus of this particular rulemaking, that memorandum accurately reflects OSHA’s position and addresses the commenters’ concerns.

More information on the 2019 final rule is available here. 

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