Update: OSHA Electronic Reporting Delayed Again--Until December 31, 2017.

Written on December 18, 2017.

The twice-delayed deadline for OSHA electronic reporting is upon us. However, in a December 18 statement, OSHA extended the deadline for a third time, this time to December 31, 2017. No reason was given for the extension.

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.

It is not clear what OSHA intends to do with the information after it is electronically submitted. The Trump administration's nominee to lead OSHA, Scott Mugno, who is Vice President for Safety at FedEx Ground, has not publicly discussed his thoughts on the rule.

Affected employers should not ignore this new electronic reporting rule. Worksites that do not electronically submit records and are later inspected by OSHA could be cited for not complying with the rule, potentially a willful violation if OSHA believes the refusal was deliberate.

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.