Accessibility Tools

Skip to main content

OSHA Delays Electronic Reporting Yet Again

Written on .

In a notice published in the Federal Register last week, OSHA announced that the submission deadline for calendar year 2016 data on Form 300A under the rule entitled Improve Tracking of Workplace Injuries and Illnesses has been delayed until December 15, 2017, instead of December 1. According to OSHA, this delay will allow affected entities sufficient time to familiarize themselves with the electronic reporting system, which was not made available until August 1, 2017. OSHA has determined that the additional two-week delay to December 15, 2017 will help the Agency avoid further delays by ensuring that its electronic reporting system functions properly.

OSHA also states that it intends to issue a separate proposal to reconsider, revise, or remove other provisions of the prior final rule and to seek comment on those provisions in that separate proposal; this final rule only delays the compliance date to submit employers' 2016 Form 300A data. The separate rulemaking will afford OSHA the time necessary to give full reconsideration to substantive issues concerning the May 6, 2016, final rule. However, it gave no indication of which parts of the final rule it intends to change.

As we discussed in a previous post, the following employers must electronically submit information to OSHA by whatever deadline OSHA finally settles upon:

  • Establishments with at least 250 workers must electronically submit data from OSHA forms 300, 300A and 301 annually.
  • Establishments with 20 to 249 employees that conduct work in industries that OSHA considers "highly hazardous" must electronically submit to OSHA information from form 300A annually. These "high risk" industries include construction, manufacturing, wholesale trade, healthcare, utilities, agriculture, forestry, and more.

We recommend that those employers be prepared for some form of electronic reporting. We will continue to provide updates on this issue.

Kathleen J. Jennings
Former Principal

Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters.

Related Content

Get Email Updates

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

Recent Content

In today's litigious environment, proactive compliance is not just good practice—it's essential for survival. This webinar is designed to e…
sand timer
The Trump Administration has acted to terminate TPS status for several countries. Of course, litigation has followed each notice of termina…
honduras
The Department of Homeland Security (DHS) has not issued a Federal Register notice to terminate the Temporary Protected Status (TPS) design…
handcuffs, money
President Trump had told federal agencies to consider civil rather than criminal enforcement of their regulations, in an executive order da…
fire employee sad, figurine
President Trump has attempted to extend his authority over federal agencies that previously operated somewhat outside of direct White House…
you are lying, note
Employers have to make a lot of decisions in the workplace, including the famous “he said-she said” issue involving the investigation of se…