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OSHA amends e-Reporting rule, citing worker privacy

Recordkeeping rule takes effect 30 days after publication in Federal Register

Posted January 25, 2019

OSHA’s final rule on Tracking of Workplace Injuries and Illnesses (“Recordkeeping”) is expected to be published in the January 25 Federal Register. Citing concerns over employee privacy, the agency is 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 says it will continue to obtain them as needed through inspections and enforcement actions.

OSHA reminds all employers of their continuing obligations to report deaths and severe injuries directly to the agency. In addition, affected establishments will continue to submit information from their Form 300A.

OSHA also is requiring covered employers to submit their Employer Identification Number (EIN) electronically along with their injury and illness data submission. OSHA claims that using the EIN will facilitate use of the data and may help reduce duplicative employer reporting.

The requirement to routinely submit 300A Summary data to OSHA electronically applies at the establishment level in the following cases:

  1. Locations that have 250 or more employees and are already keeping OSHA Workplace Injury and Illness Records under Part 1904; or
  2. Locations that have 20-249 employees and are listed by NAICS code in Appendix A to Subpart E.

The e-reporting deadline for 2018 300A Summary data is March 2, 2019.

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