The compliance deadline for Occupational Safety and Health Administration’s (OSHA) electronic injury and illness reporting rule has come and gone, and there is no mechanism in place for employers to electronically report work-related injuries and illnesses. On June 27, 2017, OSHA proposed moving the July 1, 2017 mandatory compliance deadline to Dec. 1, 2017. The window for public comment on the proposed delay closed on July 13th. At present, the “proposed delay” remains a “proposal,” but, even so, OSHA does not yet have the mechanism in place for compliance with the electronic reporting requirement.
For many years, OSHA required employers with 10 or more employees to keep a log of employees’ work-related injuries and illnesses, but most employers were not required to routinely submit them to OSHA. Only certain high-risk industries, such as construction, manufacturing and agriculture, were required to submit their records to OSHA by mail. In 2013, OSHA decided to move to an electronic reporting system and increase the number of employers required to submit their illness and injury logs to OSHA. Had the rule taken effect, establishments with 250 or more employees would have been required to submit their 2016 Form 300A by July 1, 2017. These same employers would have been required to submit all of their 2017 forms (300A, 300 and 301) by July 1, 2018. Smaller employers with 20-249 employees in moderate-risk industries, such as waste collection, residential care facilities and retail sales, would have been required to submit only the 300A on an annual basis beginning on July 1, 2017.