The Occupational Safety and Health Administration (“OSHA”) published a final rule on January 25, 2019, which goes into effect February 25, 2019.  The final rule better protects worker privacy by eliminating the electronic submission requirement of certain forms.  Specifically, employers with 250 or more employees will no longer have to electronically submit information from Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report).  However, employers with 250 or more employees, as well as employers in certain designated industries with 20 or more employees but fewer than 250 employees, will still be required to electronically submit  information from Form 300A (Summary of Work-Related Injuries and Illnesses) on an annual basis.  The final rule also requires covered employers to submit Employer Identification Numbers (“EIN”) when electronically filing injury and illness data, which OSHA hopes will reduce duplicative employer reporting.  Notably, employers do not have to submit EINs until 2020.

The final rule does not change the fact that all covered employers must still maintain OSHA Forms 300 and 301 onsite for OSHA inspections and enforcement of actions.

Important dates:

Final rule goes into effect February 25, 2019

Submission of Form 300A data for 2018 is due by March 2, 2019

Submission of EIN is due by March 2, 2020 (to coincide with employers’ submission of 2019 300A data)

Please notify us if you would like to discuss the above with a member of the labor and employment team at Wyatt, Tarrant & Combs, LLP.