OSHA Final Rule Eliminates Electronic Submission Requirement for Forms 300 and 301; Electronic Submission Still Required for Form 300A | Practical Law

OSHA Final Rule Eliminates Electronic Submission Requirement for Forms 300 and 301; Electronic Submission Still Required for Form 300A | Practical Law

OSHA has issued a final rule eliminating the electronic submission requirement for Forms 300 and 301 for employers with 250 or more employees.

OSHA Final Rule Eliminates Electronic Submission Requirement for Forms 300 and 301; Electronic Submission Still Required for Form 300A

by Practical Law Labor & Employment
Published on 29 Jan 2019 • USA (National/Federal)
OSHA has issued a final rule eliminating the electronic submission requirement for Forms 300 and 301 for employers with 250 or more employees.
On January 25, 2019, OSHA published a final rule to eliminate the requirement for employers with 250 or more employees to electronically submit information from Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). Under the final rule, these employers, as well as employers in certain designated industries with 20 or more employees but fewer than 250 employees, must still electronically submit information from Form 300A (Summary of Work-Related Injuries and Illnesses) on an annual basis. (29 C.F.R. § 1904.14.)
OSHA's stated reasons for this amendment to the recordkeeping regulations are to:
  • Protect sensitive worker information.
  • Conserve agency resources.
  • Decrease the burden on employers.
The final rule also requires covered employers to submit their Employer Identification Number (EIN) when electronically submitting the required information.
The final rule does not change a covered employer's duty to maintain OSHA Forms 300 and 301 onsite, which OSHA will continue to obtain as needed through inspections and enforcement actions.
This final rule becomes effective on February 25, 2019. Covered establishments must submit their Form 300A data from 2018 by March 2, 2019. However, according to the Final Rule's compliance dates, employers are not required to submit their EIN until they submit their 300A data from 2019 by March 2, 2020.