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August 10, 2020

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OSHA Delays July 1 Electronic Reporting Requirement

Last week, the federal Occupational Safety and Health Administration (OSHA) announced that it “is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically.” No additional detail or explanation was provided. OSHA states that additional updates will be posted to the agency’s recordkeeping website when they become publicly available.

The rule requires certain employers to electronically submit injury and illness data to OSHA. The agency intends to analyze the data for enforcement purposes and post some of it publicly (naming employers) to its website. Establishments with 250 or more employees in industries covered by the recordkeeping regulation faced the now postponed July 1 deadline. Establishments with 20-249 employees in certain high-risk industries faced the July 1 deadline also. The 22 states or territories with their own occupational safety and health programs generally are using the federal OSHA electronic submission platform and similarly will be delayed. Litigation brought by the National Association of Home Builders and the U.S. Chamber of Commerce challenging this aspect of the recordkeeping rules continues in the federal trial court in the Western District of Oklahoma.

This postponement does not impact the other aspects of the new recordkeeping rule including its anti-retaliation provisions, employer injury reporting, and worker notice requirements.

© 2020 BARNES & THORNBURG LLPNational Law Review, Volume VII, Number 143

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About this Author

Donald P. Lawless, Barnes Thornburg Law Firm, Grand Rapids, Labor and Employment Law Attorney
Partner

Donald P. Lawless is a partner in Barnes & Thornburg’s Labor and Employment Law Department in Grand Rapids, Michigan and serves as Vice Chair of the firm's Higher Education Practice Group. He has 25+ years of experience working on behalf of employers to meet their labor and employment law objectives.

The focus of his business practice is in the pharmaceutical, food processing, and service industries. Mr. Lawless’s labor law practice includes contract negotiation, grievance arbitration, and defense of unfair labor practice charges. He advises...

616-742-3994
Mark Kittaka, Barnes Thornburg Law Firm, Fort Wayne and Columbus, Labor and Employment Law Attorney
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Mark S. Kittaka is a partner and the administrator of the Labor and Employment Law Department of Barnes & Thornburg LLP’s Fort Wayne, Indiana office. Mr. Kittaka’s practice covers all areas of labor and employment law including federal and state litigation concerning discriminatory practices and retaliation claims, including, but not limited to: Title VII race, sex, color, and religious discrimination claims; the Americans with Disabilities Act (ADA) (disability discrimination, reasonable accommodation, interactive process); Age Discrimination in Employment Act (ADEA); the Family and Medical Leave Act (FMLA); the Fair Labor Standards Act (FLSA); and the Employee Retirement Income Security Act (ERISA).

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Patricia Ogden Labor and Employment Law Attorney Barnes Thornburg Law Firm Indianapolis
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Patricia L. Ogden is a partner in Barnes & Thornburg LLP’s Indianapolis office and a member of the firm’s Labor & Employment Law Department. Ms. Ogden exclusively represents management interests for a broad client base, including both private and public employers of varying size. On the litigation side of her practice, Ms. Ogden routinely defends allegations of wrongful discharge, wage and hour claims, discrimination, retaliation, sexual and other forms of harassment, whistleblower complaints, OSHA violations, worker’s compensation matters, and a variety of other...

317-231-7712