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But wait! OSHA delays e-reporting date until December 15

Posted November 22, 2017

OSHA is officially delaying the deadline to submit electronic injury and illness data until December 15, 2017. The new date will take effect on November 24, 2017, when OSHA publishes the final rule in the Federal Register.

For months, the Agency has been operating with a December 1st deadline, but says the extra two weeks will allow affected establishments “sufficient time to familiarize themselves with the electronic reporting system.”

What must be reported

Employers with establishments with 250 or more employees and establishments with 20 to 249 employees in certain high-risk industries must submit their 300-A Summary information to OSHA by December 15th. The high-risk industries are listed by NAICS code in Appendix A to Subpart E to Part 1904.

Note that the 300-A Summary data that must be submitted this year is from the 2016 Summary.

Employers with establishments located in OSHA State-Plan States that have not yet adopted the rule are not required to submit their 300-A Summaries this year. Also, state and local government establishments in Illinois, Maine, New Jersey, and New York and not required to submit their data this year.

History of the rule

On May 12, 2016, OSHA published the Improve Tracking of Workplace Injuries and Illnesses Rule, with an effective date of January 1, 2017, for the electronic reporting requirements. The rule originally set a July 1, 2017, deadline for those submissions.

In June, OSHA proposed to push back the submission deadline to December 1st as the Injury Tracking Application reporting portal would not be made available until August 1st. Various technical glitches and a potential website hacking incident further delayed electronic reporting access for affected employers.

OSHA still reviewing other parts of the rule

OSHA says it is currently reviewing the other provisions of the final rule to Improve Tracking of Workplace Injuries and Illnesses and intends to publish a proposed rule to reconsider, revise, or remove portions of that rule in 2018. The other provisions in the rule, known as the “anti-retaliation provisions,” concern an employee’s right to report a workplace injury or illness without fear of retaliation.

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