Electronic Recordkeeping - New OSHA Rule Explained

Important dates for implementing electronic Injury & Illness data submissions

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WHAT DOES THE NEW RULE REQUIRE?

January 1, 2017 – The new rule requires certain employers to electronically submit injury and illness data which they are already required to record on their OSHA Injury and Illness forms.(2)

Some of the data will be posted to the OSHA website, intended to encourage employers to improve workplace safety and provide information to workers, job seekers, customers, researchers, and the public.

COMPLIANCE SCHEDULE

July 1, 2017: 2 Year Phase-In Plan

250+ Employees – Employers who are already subject to OSHA's recordkeeping regulation must electronically submit some of the information from:

- The Log of Work-Related Injuries and Illnesses (OSHA Form 300)
- The Summary of Work-Related Injuries and Illnesses (OSHA Form 300A)
- The Injury and Illness Incident Report (OSHA Form 301)

20-249 Employees – Employers in Certain High-Risk Industries must electronically submit to OSHA information from:

- The Summary of Work-Related Injuries and Illnesses (OSHA Form 300A)

20 Employees or Less – Employers do not have to routinely submit information electronically to OSHA.

SUBMISSION YEAR

ESTABLISHMENTS WITH 250 OR MORE EMPLOYEES

ESTABLISHMENTS WITH 20-249 EMPLOYEES

ESTABLISHMENTS WITH LESS THAN 20 EMPLOYEES

SUBMISSION DEADLINE

2017

300A

300A

N/A

July 1, 2017

2018

300A, 300, 301

300A

N/A

July 1, 2018

2019 (+)

300A, 300, 301

300A

N/A

March 2

ANTI-RETALIATION PROTECTIONS

August 10, 2016 – The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation:

- Clarifies the existing implicit requirement for an employer’s procedure to report work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting
- Incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses(1)

Source: Fed OSHA Recordkeeping Final Rule and Fed OSHA Fact Sheet

(1)     Posting Requirement to satisfy this Obligation: OSHA’s Workplace Poster

(2)     See the following to determine if you are exempt from this requirement: Recordkeeping Exemption List