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Update: OSHA Final Rule on Electronic Reporting 

Last year, OSHA issued a final rule that requires certain employers to electronically submit data from their injury and illness records so they can be posted on the agency’s website. Although employers were initially required to submit this data by July 1, 2017, the agency recently stated that it will not be ready to receive electronic workplace injury and illness reports by the established deadline, and has proposed a new compliance date of Dec. 1, 2017.

Another reason for the delay rests with several unresolved lawsuits that were filed against OSHA in 2016 and 2017.  These lawsuits are claiming that OSHA has no authority to require businesses to report injuries electronically or for public consumption.   The lawsuits also claim that OSHA has shown no evidence that posting this information publically will do anything to improve safety or decrease injuries.  The lawsuits have been brought by organizations like The National Association of Home Builders, The U.S. & State Chambers of Commerce, The U.S. Poultry & Egg Association, The National Association of Manufacturers, Associated Builders & Contractors etc.

Due to the ongoing litigation and uncertainty surrounding the legality of electronic reporting, Baldwin Krystyn Sherman is recommending that businesses subject to the Final Rule on Electronic Reporting familiarize themselves with the requirements and prepare to submit their data to OSHA in the latter half of November before the deadline.

How will electronic submission work?

OSHA will provide a secure website that offers three options for data submission. First, users will be able to manually enter data into a webform. Second, users will be able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). The Injury Tracking Application (ITA) will be accessible from the ITA launch page on August 1, 2017, where you will be able to provide the Agency your 2016 OSHA Form 300A information. OSHA also published a notice of proposed rulemaking to extend the date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically from July 1, 2017 to December 1, 2017.

Contact BKS for more information on the recent ruling.