This past January, the Occupational Health and Safety Administration (OSHA) implemented a new final rule that removes the electronic submission requirements for Forms 300 and 301. However, this rule does not repeal all electronic reporting requirements. Your business may still be required to electronically submit the form 300A or other information.
OSHA’s goal is to protect employees as well as their personal information. Their stated reasoning behind the new final rule is to reduce the risk of personal information compromise as the form 300A only includes summary data. OSHA still requires employers with ten or more employees to maintain certain records of work-related injuries, illnesses, and fatalities using its forms. Below is a review of the new reporting requirements to keep you in-the-know.
Your business may still be required to electronically submit the OSHA form 300A”
The New Rules of Recordkeeping and Reporting
Affected Establishments
OSHA’s electronic reporting rule affects establishments that:
- Are already required to create and maintain OSHA injury and illness records, and have 250 or more employees; or
- Have between 20 and 249 employees and belong to a high-risk industry (reference OSHA Electronic Reporting Rule for an industry list); or
- Receive a specific request from OSHA maintain and submit electronic records, even if they would otherwise be exempt from OSHA recordkeeping requirements.
Recordkeeping
Establishments who are covered must keep their records for at least five years and make them available to OSHA inspectors and employee representatives when requested. Not following these basic rules can subject employers to penalties, fines, and regulatory actions.
Establishments are required to post copies of OSHA’s Form 300A at their worksite for a two-year period so employees can view and compare the previous calendar year’s data. In this manner, OSHA is making transparency a priority.
Anti-Retaliation
In 2016, OSHA began requiring employers to inform employees of their right to report injuries and illness without retaliation. They did this by establishing the Improve Tracking of Workplace Injuries and Illnesses rule. This rule requires companies with over 250 employees, or companies in high-risk industries, to electronically submit occupational injury and illness data through OSHA’s online portal. They wanted to encourage timely reporting of workplace incidents and create an easy flow of information between OSHA, the company in question, and the injured employee.
OSHA issued its proposed rule in August of 2018, but announced the final rule in January of 2019. Under the new rule, employers no longer are required to submit forms 300 and 301 through the online OSHA portal. But be aware, the new rule still makes it imperative for employers to electronically submit Form 300A along with their Employer Identification Number (EIN), thus avoiding duplicative reporting.
For more information, contact your Bankers Insurance agent. Not a client of ours? Let us compete for your business! Each client is assigned a personal agent in our office, given their email address, and provided a phone number that rings right on their desk.
Further Suggested Reading
OSHA Electronic Reporting Rule
Workers Compensation
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