Employers Under the Hammer to File Electronic Injury Reports

The Occupational Safety and Health Administration (OSHA) has ordered its inspectors to crack down on employers who failed to electronically file their 300A, 300 Log, and 301 injury report forms.

In February, OSHA instructed its compliance officers to initiate inquiries into whether workplaces had electronically filed their 300A forms for 2016. If the compliance officer learns about an employer’s failure to file, OSHA will issue an other-than-serious citation. The maximum penalty for each other-than-serious violation can be as high as $12,934.

OSHA has six-months from Dec. 15, 2017, to June 15, 2018, to issue citations to those employers who are found to have failed to electronically file the required information.

Establishments with 250 or more employees will have to submit data contained in OSHA forms 300A, 300, and 301 with exceptions for fields with personally identifiable information (PII).

OSHA announced plans to issue a proposed rule that would eliminate the requirement for filing OSHA 300 logs and 301 forms on the Internet. OSHA’s Regulatory Agenda, published in the fall of 2017, predicted that a proposed rulemaking would be forthcoming in December 2017. However, the agency missed that deadline and so far has not opened the proceeding.

In anticipation of the new rule, for the time being, OSHA is not accepting electronic OSHA 300 logs or 301 forms. Instead, only two types of establishments are expected to continue submitting 300A summary forms electronically: those with 250 or more employees, as well as those with between 20 and 249 employees in high-hazard industries who are expected to submit their calendar year 2017 summaries by July 1, 2018.

After that, beginning in 2019 and for every year afterward, these worksites would be required to submit the information by March 2.