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Employers who meet sure dimension and trade necessities have till March 2, 2024 to electronically submit occupational harm and sickness information from their Kind 300A Annual Abstract for 2023 to the federal Occupational Security and Well being Administration (“OSHA”). As well as, a Closing Rule issued final July requires employers with institutions with 100 or extra staff in sure “high-hazard industries” to additionally submit data from their Kind 300 Log and Kind 301 Harm and Sickness Incident Report by March 2. Further data outlining the submission course of and qualifying employers is detailed under.

1. Background

Most employers should full and preserve the next three OSHA types associated to recording occupational accidents and sicknesses:

• OSHA Kind 300 – Log of Work-Associated Accidents and Diseases
• OSHA Kind 300A – Abstract of Work-Associated Accidents and Diseases
• OSHA Kind 301 – Harm and Sickness Incident Report

The one employers who’re exempt from this requirement are: (1) employers with ten or much less staff over the past calendar yr and (2) employers in sure low-risk industries, equivalent to faculties, sure skilled service companies (authorized and accounting), actual property and insurance coverage businesses, and sure retail shops. 

OSHA’s laws require employers to enter every recordable harm or sickness on the above types inside seven calendar days of receiving data {that a} recordable harm or sickness occurred. Employers should preserve a separate Kind 300 Log for every “institution” that’s anticipated to be in operation for one yr or longer. OSHA’s laws outline an “institution” as a “single bodily location the place enterprise is performed or the place providers or industrial operations are carried out.” Every year, the Kind 300A Abstract for the prior yr should be posted in a visual and simply accessible space at every institution from February 1 by means of April 30. 

2. Digital Submission Necessities for Sure Employers

Along with complying with the above posting requirement, employer institutions with greater than 250 staff and institutions with 20-249 staff in sure high-hazard industries (e.g., agriculture, building, manufacturing) should electronically submit sure information to OSHA by March 2 annually. Previous to this yr, the submission was restricted to the institution’s OSHA Kind 300A Abstract.

On July 21, 2023, OSHA revealed a Closing Rule requiring institutions in high-hazard industries with 100 or extra staff (at any level in the course of the prior yr) to additionally submit data from their Kind 300 Log and Kind 301 Harm and Sickness Incident Report. The Closing Rule additionally requires that employers embrace their authorized firm identify when electronically submitting the types. As a result of states with State Plans authorised by OSHA (equivalent to California) should promulgate occupational harm and sickness recording and reporting necessities which can be considerably equivalent to these in OSHA laws, the Closing Rule additionally applies to employers in states with State Plans. 

OSHA acknowledged that it’ll use the information to assist the company determine employer institutions with particular hazards, which is able to allow OSHA “to work together instantly with the institutions, by means of enforcement and/or outreach actions, to handle and abate the hazards and enhance employee security and well being.” OSHA additional acknowledged that as a result of the information might be publicly accessible, it “will enable employers, staff, potential staff, worker representatives, clients, potential clients, and most of the people to make extra knowledgeable selections about office security and well being at a given institution.” 

Employers can submit the information three alternative ways through OSHA’s Harm Monitoring Software (“ITA”):

• Manually;
• By importing a CSV (comma-separated values) file so as to add a number of institutions on the similar time; or
• Through an software programming interface.

Notably, OSHA steering states that the one personally identifiable data (“PII”) that employers ought to embrace are the worker’s date of beginning (which might be mechanically transformed to an age earlier than the information is revealed); job title; date employed; and gender.

3. Primary Takeaways

Employers who haven’t already submitted their information electronically ought to guarantee they accomplish that by March 2. As a result of the above digital submission necessities are primarily based on an employer’s institution (i.e., particular worksite areas), employers with a number of worksites ought to think about the variety of staff and trade classification for every website to find out whether or not they’re required to conform. To help employers with that dedication, OSHA created an ITA Protection Software. Employers with any questions or issues about compliance ought to seek the advice of with skilled employment regulation counsel.

This text is just not an unequivocal assertion of the regulation, however as an alternative affords some potential points to think about with counsel. That is supplied for informational functions solely and doesn’t represent authorized recommendation and isn’t supposed to type an attorney-client relationship. Please contact your Sheppard Mullin legal professional for added data.

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