Clarifying New OSHA Record-keeping Requirements: Employers Must Electronically Submit 300A Data

Posted: 5 years, 10 months ago

Recently, the Trump administration along with OSHA has made the decision to roll back part of their Improve Tracking of Workplace Injuries and Illnesses final rule. With this change, employers no longer need to electronically submit the 300 or 301 forms but must still comply with the submission of Form 300A.

Earlier this year, Top O' Michigan identified this OSHA recordkeeping requirement as an area our clients could use extra support in. So with that, we invested in a program called OSHAlogs which helps employers easily complete the 300 and 301 forms as well as the 300A. In addition, when an injury or illness occurred in the workplace, this helps to save time by also completing the Form 100 to file a Workers Compensation claim and sent directly to Top O' Michigan to file.

It is important that employers understand that the electronic submission requirements were not completely eliminated as some may mistakenly have believed. Rather the rule has been scaled back in a way that many expected from the start. Employers must still electronically submit 300A data to OSHA

2017 data is due by December 31, 2018, if it has not already been submitted
2018 data is due by March 2, 2019
The data will continue to be due on March 2nd in the subsequent years

The changes have been made due to concerns over the protection of sensitive worker information. The revocation of these rules has resulted in a lawsuit contending that OSHA did not follow proper notice-and-comment protocol since its formal declaration of reversal came after the deadline to submit these forms on July 1. Many worker advocacy organizations find this change to be negligent. These organizations originally hoped to use OSHA’s data to examine occupational health and safety, analyze the most serious workplace threats, and push for stronger regulatory protections.

The electronic recordkeeping rule is still intact for Form 300A, which requires establishments with 250+ employees or those with 20-249 employees in certain high-hazard industries to submit this data electronically. Employers who have not yet submitted their 2017 300A data must do so by Dec. 31, 2018, to avoid penalties and potential audits. In 2018 and beyond, 300A data is due electronically to OSHA by March 2nd.

You can stay up to date with the OSHA recordkeeping requirements here or please feel free to reach out to one of our solution providers at 1-800-686-8664.