OSHA Issues Final Rule on Electronic Submission of Injury and Illness Data

The U.S. Occupational Safety and Health Administration (OSHA) has issued its final rule (Final Rule) on electronic submission of injury and illness information. The Final Rule applies to employers with 100 or more employees in certain high-hazard industries, including construction, and requires such employers to electronically submit injury and illness information to OSHA on a yearly basis. If you fall into that category, here’s what you need to know to comply:

Who do the Final Rules apply to?

The Final Rules apply to companies with 100 or more employees in certain high-hazard industries. This includes construction companies with 100 or more employees working on federal construction projects. The “100 or more employees” threshold applies to companies with 100 or more employees at any time during the previous calendar year.

What do the Final Rules require?

The Final Rules require that companies electronically submit injury and illness information to OSHA – notably information that is already required to be maintained under existing OSHA rules including the date, physical location and severity of an injury or illness and other information – on OSHA’s Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report once a year. The Final Rules also require that companies use their legal company name when electronically submitting the forms.

What is the purpose of the Final Rules?

According to OSHA, the information gathered from the forms will be published on its website to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers and the general public to use information about a company’s workplace safety and health record to make informed decisions. The intent is that, by providing public access to this information, it will ultimately reduce occupational injuries and illnesses.

How are Forms 300 and 301 to be electronically submitted?

Forms 300 and 301 are to be electronically submitted through OSHA’s Injury Tracking Application (ITA). Forms may be submitted in one of three ways: (1) by webform on the ITA; (2) by civ file on the ITA; or (3) through an application programming interface (API) feed.

When must Forms 300 and 301 be electronically submitted?

Forms 300 and 301 will be accepted beginning January 2, 2024 and must be submitted by March 2, 2024. After 2024, forms must be submitted by March 2nd of each year.

When do the Final Rules take effect?

The Final Rules take effect on January 1, 2024.