OSHA adopted a rule during the Obama Administration requiring certain employers to file their annual injury and illness summaries (Form 300A) electronically summarizing the number of on-the-job deaths, injuries and illnesses, and recordable incidents causes in workplaces.  While the form does not include details of each incident or the number of employees at the work site, OSHA had planned to publicize much of the information on its website.  Many groups objected to the regulation and it was challenged in at least two federal court cases.  The cases were put on hold when the Department of Labor (DOL) announced on June 27, 2017, it was reviewing the rule and moving the deadline for filing such information from August 1 to December 1. 

Because of the uncertainties as to when or if the electronic requirement will continue, and in what form, there are some advantages to employers to await such a final resolution.  For example, even if the DOL accepts the data but does not publish the information on its website, outside groups may try to obtain reports through Freedom of Information Act requests.  

Wimberly, Lawson, Steckel, Schneider & Stine

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