Electronic Injury and Illness Reporting Update for 2019

In 2016, OSHA implemented a mandatory injury and illness electronic reporting rule for small employers that operate in certain “high-hazard industries.” The requirement applies to any printing operation that has or had at any time in the past year more than 20 full-time, part-time or temporary employees.

The rule phased in the reporting deadlines and requires companies to electronically submit data from OSHA’s Form 300A. The deadline for reporting injuries and illnesses that occurred during 2018 is March 1, 2019. As a reminder, Form 300A is required to be completed and posted for 90 days starting February 1, 2019.

OSHA created the Injury Tracking Application (ITA) to accept the data. The web-based form allows employers to electronically submit required injury and illness data from their completed 2018 OSHA Form 300A. The application is accessible at the ITA webpage.

  1. Creating an establishment
  2. Adding 300A summary data
  3. Submitting data to OSHA
  4. Reviewing the confirmation email

The secure website offers three options for data submission: Manually entering data into a web form, uploading a .CSV file to process single or multiple establishments at the same time, and an application programming interface (API) to allow users of automated recordkeeping systems to transmit data electronically.

Keep copies of the electronic correspondence from OSHA to demonstrate you have met the reporting requirement.

Printing Operations in Maryland, Washington and Wyoming

When Federal OSHA issued the reporting rule in 2016, it required all state plan states to adopt substantially identical requirements to the final E-Recordkeeping Rule within six months. However, because the state plan states each have their own legislative or rulemaking processes and the delays issued by Federal OSHA, not all states have adopted the rule.

As of today, Maryland, Washington, and Wyoming have not yet adopted the regulation, and Federal OSHA issued a “clarification statement” on April 30, 2018, addressing this situation. Federal OSHA stated that all covered employers to submit their data by July 1, 2018, even if their state has not yet adopted the rule.

Maryland, Washington and Wyoming’s OSHA offices pushed back against the April 30 statement with their own statements stating that covered employers are not legally mandated to submit reports.

There are differing legal opinions regarding the ability for Federal OSHA to compel companies in Maryland, Washington and Wyoming to report. To avoid any potential problems, companies in these states should plan on submitting their data to OSHA. Eventually, these states will adopt the regulation so they can maintain their authority to run their program.

Please contact Government Affairs if you have any questions or need further information.

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