The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) to rescind the majority of its contentious electronic reporting requirements.
You may recall, back in May 2016, OSHA issued a final rule requiring employers with 250 or more employees to submit electronically Forms 300 (Log of Work-Related Injuries and Illnesses), 300A (Summary of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). Further, employers with 20-249 employees in industries identified with historically high rates of workplace injuries and illnesses are required to submit electronically Form 300A.
As we previously reported, this electronic reporting requirement was to begin in July 2017, but was subject to several delays. OSHA then announced in May 2018 that it would not accept the electronic submission of Forms 300 and 301; but that Form 300A is have been submitted by July 1, 2018.
In its NPRM, OSHA seeks to rescind the requirement that larger employers electronically submit Forms 300 and 301. OSHA is particularly interested in comments addressing the impact on worker privacy (the forms required reporting on individual workers’ injuries and illnesses), as well as requiring covered employers to submit their Employer Identification Number (EIN). There is a 60-day notice and comment period from July 30. It is unclear when OSHA will subsequently issue the final rule.