HR Compliance

NEW OSHA Recordkeeping and Reporting Requirements

By

Matthew Paque

| Jan 18, 2017

Focus on Compliance: New OSHA Recordkeeping and Reporting Requirements

The Occupational Safety and Health Act (OSHA) requires many organizations with 11 or more employees to document serious work-related injuries and illnesses. Under a new rule, many employers must not only record injuries and illnesses, but also submit information electronically to OSHA. The new rule took effect on Jan. 1, 2017.

Who Is Affected and What Data Is Required

Organizations with 250 or more employees that already are required to document work-related injuries and illnesses, must electronically submit information recorded on:

  • Form 300, Log of Work-Related Injuries and Illnesses
  • Form 300A, Summary of Work-Related Injuries and Illnesses
  • Form 301, Injury and Illness Incident Report

Businesses with 20-249 employees in specific industries must electronically submit information recorded on Form 300A.

All employers required to keep records on job-related injuries and illnesses must continue to do so, regardless of whether electronic submission is mandatory.

Electronic Submission Method

OSHA has stated that it will provide a secured website for employers to submit the required information. The website is scheduled for rollout in February 2017.

Employers can transmit data electronically by:

  • manually entering the information into a webform
  • uploading CSV files
  • using an application programming software (API), or user interface

OSHA will provide status updates as they become available. Meanwhile, employers can access the CSV instructions and API technical specifications from OSHA’s website.

Electronic Reporting Deadlines

 

Submission Year Large Employers (i.e., establishments with 250 or more employees that are not exempt from OSHA’s recordkeeping rules) “High Risk” Employers (i.e., establishments with 20-249 employees in certain “high-risk” industries) Deadline
2017 (2016) Form 300A data (2016) Form 300A data July 1, 2017
2018 (2017) Forms 300, 300A & 301 data (2017) Form 300A data July 1, 2018

Starting in 2019, the submission deadline will change from July 1 to March 2

 

Revised Anti-Retaliation Provisions

Under Section 11(c) of OSHA, employers are forbidden from “discharging or otherwise discriminating against an employee who reports a fatality, injury, or illness.” But OSHA may not take action unless the employee files a complaint within 30 days of the retaliation. Under the new rule, OSHA can cite an employer for retaliation even if the employee did not lodge a complaint. Also, employers cannot implement programs that discourage employees from filing a complaint.

Organizations impacted by the new rule should start preparing to ensure compliance. Keep in mind that Paycom offers various tools for simplifying OSHA administration, including on-demand training and compliance reports.

About the Author

Matthew Paque

Matthew A. Paque is Paycom’s Executive Vice President of Legal and Compliance. In this role, he is responsible for Paycom’s legal affairs including compliance and risk management. He has served in a variety of leadership and legal positions in both the private sector and in government. Before joining Paycom, Paque was an attorney at the law firm of McAfee & Taft and previously was Assistant General Counsel at Tronox a global mining and chemical company. He holds a J.D. from the University of Oklahoma and a B.A. from Oklahoma City University. Paque is also an adjunct professor at Oklahoma City University’s Meinders School of Business.

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