OSHA ALERT - Revised Final Rule on Electronic Record keeping Issued

Written on .

On January 24, 2019, OSHA issued a notice in the Federal Register (84 FR 380) amending the recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. These establishments will continue to be required to maintain those records on-site, and OSHA will continue to obtain them as needed through inspections and enforcement actions. Establishments will continue to submit information from their Form 300A's.  Employers' responsibilities to report fatalities, hospitalizations, amputations and loss of an eye to OSHA remain the same.

OSHA also is amending the recordkeeping regulation to require covered employers to submit their Employer Identification Number (EIN) electronically along with their injury and illness data submission, which should reduce duplicative employer reporting.

Nothing in the final rule revokes an employer's duty to maintain OSHA Forms 300 and 301 for OSHA inspection. The final rule becomes effective on February 25, 2019.

Beginning in 2019, the deadline for employers to electronically submit the Form 300A, the annual summary of the injuries and illnesses, has been moved from July 1 to March 2.  The deadline for covered employers to electronically submit the OSHA Form 300A is March 2, and additional information regarding the electronic reporting requirement are available at https://www.osha.gov/injuryreporting/index.html.  This rule requires establishments of 250 or more employees to annually submit the Form 300A, while establishments with 20-249 employees are only required to annually submit Form 300A for certain industries. 

While most of these changes were widely expected, representatives from both the business and labor side are not happy.  The U.S. Chamber contends that OSHA should have deleted the Form 300A electronic filing requirement as well.  Businesses are particularly concerned since in at least one ruling last December (Public Citizen Health Research Group v. Acosta, No. 19-cv-00116, 1/25/19), a federal judge ruled that a release under the open records laws of injury and illness data probably would not violate the privacy restrictions OSHA contends might apply to justify withholding the information, thus potentially allowing public access to such information filed with OSHA.  On the other side, labor advocates contend the rule revision prevents workers and safety experts from being able to review the detailed information in the 300 and 301 forms. 

Questions?  Need more information?  Call J. Larry Stine at (404) 365-0900.

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

communication bubble

E21: Employee Communication with Special Guest Louise Hughes

In this episode, we talk with Wimberly Lawson Wright Daves & Jones' office manager Louise Hughes about the importance of effective em...
Bruce r. thompson courthouse and federal building, south virginia street, reno, nv, usa

Supreme Court Gives New Grounds for Challenging Federal Regulations

Over the years, an increasing part of this country's legal system has been based not on laws passed by legislators or the Congress, but o...
Mask pattern on blue background

Recent Trends in Covid-19 Litigation

Many businesses purchase business interruption insurance to protect the company against disasters.  Almost 2,000 lawsuits have been filed...
Black Lives Matter sign, outdoors

Black Lives Matter Buttons and Bans Result in Various Legal Rulings

Cases are starting to come out now dealing with the subject of whether an employer can ban buttons pertaining to the Black Lives Matter (...
old man walking dogs outdoors

"Old White Man" Allowed to Sue Employer's Diversity and Inclusion Plan

In DiBenedetto v. AT&T Services, Inc., a 58-year-old White male defeated the defendant AT&T's efforts to dismiss his case in conn...
union sign, outdoors

E20: Union Activity in the Workplace

In this episode, host Thom Jennings and attorney Kathleen Jennings discuss union activity in the workplace and how an employer can spot i...
  • Home
  • Alerts
  • 2019
  • OSHA ALERT - Revised Final Rule on Electronic Record keeping Issued

Wimberly, Lawson, Steckel, Schneider & Stine

3400 Peachtree Road, Ste 400 / Lenox Towers / Atlanta, GA 30326 /404.365.0900

Where Experience Counts


Thank you for visiting the firm's website. Please note that this website is intended for general information purposes only and does not constitute an offer of representation or create an attorney-client relationship with the firm. The firm welcomes receipt of electronic mail but the act of sending electronic mail alone does not create an attorney-client relationship. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the firm's copyright notice.

© 2022 Wimberly, Lawson, Steckel, Schneider & Stine P.C. | Site By JSM