Released for publication on March 30, 2022, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) proposes to amend its occupational injury and illness recordkeeping regulations to include electronic submission of injury and illness forms.

OSHA proposes to amend current regulations to require businesses with 100 or more employees in certain industries to electronically submit information from OSHA Forms 300, 301, and 300A to OSHA once a year.

Those with 20 or more employees – again in certain industries – would continue providing information from OSHA Form 300A electronically once per year. The newly proposed rule would update current OSHA classification systems used to determine which industries are covered by the electronic submission requirements and remove annual reporting requirements for businesses with 250 or more employees not in a designated industry.

The proposed changes also impact public reporting. OSHA intends to post data from these proposed electronic submissions on a public website after removal of information that “reasonably identifies individuals directly, such as individuals’ names and contact information.” OSHA also proposes a rule that would require businesses to include their company name when making the proposed electronic submissions.

Additional details, including pubic comment periods and submission information, can be found here.

[Teresa McQueen is a corporate counsel for Western Growers.]

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