Tag Archives: Form 300A

UPDATED 11/22/2017: Deadline to Electronically Submit OSHA Data

Contributed by Matthew Horn, November 21, 2017

BREAKING NEWS: In follow up to our blog from yesterday, OSHA issued a press release this morning extending the deadline to electronically report from 12/1 to 12/15. All other information in the blog remains unchanged.
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On June 27, 2017, OSHA issued a press release announcing that it would be delaying the compliance date for its Rule requiring most employers to electronically submit their injury and illness data to OSHA. The press release pushed back the compliance date four months, from July 1, 2017 to December 1, 2017, so OSHA could review the Rule closely.

Dec1Just over two weeks later, OSHA issued another press release announcing that it would be launching its website allowing employers to submit their injury and illness data on August 1, 2017. On August 1, 2017, OSHA made good on that promise and launched its website, which is linked here. To date, despite OSHA’s promise to review the Rule closely, it has taken no action to roll back or delay the electronic reporting requirements, so the December 1st deadline remains.

Under the Rule, virtually all employers with twenty or more employees are required to submit their completed Form 300A for 2016 by December 1, 2017. In 2018, employers with twenty or more employees must submit their completed Form 300A for 2017 by July 1, 2018, and those employers with more than 250 employees must submit their Form 300 and 301s by that deadline, as well.

While we were hoping OSHA would roll back or delay the Rule, it appears that is not going to happen. Accordingly, all applicable employers would be well-served submitting their data online no later than December 1st.

OSHA Charges Ahead With Electronic Report Rule

Contributed by Matthew Horn, August 2, 2017

Electronic Reporting File_2On June 27, 2017, OSHA issued a press release announcing that it would be delaying the compliance date for its Rule requiring most employers to electronically submit their injury and illness data to OSHA. The press release proposed pushing the compliance date back four months, from July 1, 2017 to December 1, 2017, so OSHA could review the Rule closely.

Just over two weeks later, OSHA issued another press release announcing that it would be launching its website allowing employers to submit their injury and illness data on August 1, 2017. On August 1, 2017, OSHA made good on that promise and launched its website, which is linked here.

Under the Rule, virtually all employers with twenty or more employees are required to submit their completed Form 300A for 2016 by December 1, 2017. In 2018, employers with twenty or more employees must submit their completed Form 300A for 2017 by July 1, 2018, and those employers with more than 250 employees must submit their Form 300 and 301s by that deadline, as well.

Notably, despite moving forward with the launch of its injury tracking website, OSHA has yet to address the “review” of the Rule it promised in its June 27, 2017 press release. Accordingly, employers would be well-served to wait to submit their 300A data until shortly before the December 1, 2017 deadline to see if OSHA changes course on the Rule before that deadline. Mark your calendars.

OSHA Form 300A Due on February 1, 2014

Contributed by Julie Proscia

Filings, filings and more filings…that is the theme of 2014. It seems like every month brings another looming deadline – taxes, 5500 etc. Well, let February be no exception. From February 1, 2014 through April 30, 2014, employers who are required to keep OSHA Form 300, the Injury and Illness Log, must post the Form 300A, the Summary of Work-Related Injuries and Illnesses, in a conspicuous workplace common area.

If you are reading this and saying ‘huh??’ or ‘uh oh!’, you are not alone. But never fear! SmithAmundsen LLC will get you through yet another governmental regulatory hurdle. Below is a short breakdown of what you need to know.

Who Needs to Post the Form 300A?

All non-exempt employers with more than 10 employees must post the form. Businesses that employ fewer than 10 workers or those that fall into an exempted category must also record injuries if they are required to do so by OSHA or the Department of Labor’s Bureau of Labor.  Businesses that are exempt are those that are classified as low hazards and include categories such as beauty salons, some retail establishments and certain medical offices. The full list of exempt classifications is on the United States Department of Labor’s website at: https://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html

So What is the Form 300A?

Form 300 is the Occupational Safety and Health Administration (OSHA) injury log.  Form 300A is the summary of the same. Form 300A reports an employer’s total number of deaths, missed work days, job transfers or restrictions, and injuries and illnesses as recorded on Form 300 for the previous year. Lastly, the Form 300 includes the number of workers and the hours they worked for the year. Downloadable forms can be found on the United States Department of Labor’s website at: https://www.osha.gov/recordkeeping/RKforms.html

Employers are only required to post the 300A summary, not the full log.  However, the full log must be available for inspection by employees, their representatives or OSHA investigators upon request. Generally, a full copy of the log is kept with the compliance office, safety officer or human resources. Employers with multiple job sites should keep a separate log and summary for each location that is expected to be operational for at least a year.

What is a Reportable Injury?

Generally speaking, reportable injuries are only serious injuries that are the result of workplace activity. The first step in the analysis is to ascertain if the injury was actually due to work duties. Businesses are not required to report injuries resulting from activities merely incidental to work responsibilities.

Once you ascertain if the injury is work related, the next step is to ascertain if it is a serious injury. A serious injury is an injury that results in a fatality, loss of consciousness, days away from work, a restricted work schedule, job transfer, or a significant injury or illness diagnosis by a health care provider.  Injuries that only require basic first aid are not reportable.

If the injury or illness is both work related and serious, it must be recorded on the log.

Practice Tip

Every business covered by the OSH Act is subject to inspection by OSHA compliance safety and health officers (CSHOs). During OSHA inspections, violations are classified in a range from de minimus violation (a violation with no direct or immediate threat to safety or health), serious violations that are classified as willful, repeat and abate violations. The gravity or repetitive nature of the violation will increase the penalties and fines. While the failure to post the 300A summary alone will likely not cause you to go from a de minimus classification to a more serious violation, it can be used as intent to evade. As such, businesses under the Act should post the 300A from February 1, 2014 through April 30, 2014 in a common location, such as the cafeteria or break room in each facility and location.

The posting of a form now can save you more paperwork and fines later!