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November 23, 2022

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OSHA Publishes Final Rule Revising Requirements for Electronic Reporting of Injury and Illness Data

On January 25, 2019, OSHA published a final rule revising the requirements for its 2016 "Improve Tracking of Workplace Injuries and Illnesses" regulation. The final rule repeals the requirement that employers with 250 or more employees electronically submit data from OSHA Forms 300 and 301. Employers still must maintain those records on-site. Employers with 20 or more employees in certain designated industries and employers with 250 or more employees are still required to submit data from OSHA Form 300A annually. The final rule also now requires that employers submit their employer identification number along with their injury and illness data submissions. The compliance date for employers to submit their employer identification number is March 2, 2020.

The deadline to electronically submit OSHA Form 300A data for calendar year 2018 is March 2, 2019. Employers are required to submit data through OSHA's ITA portal.

We note that a lawsuit has been filed challenging the revised rule on the grounds that the process by which revisions were made allegedly failed to meet all of the requirements of the Administrative Procedure Act. We will be following this suit.

© 2022 Keller and Heckman LLPNational Law Review, Volume IX, Number 31
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About this Author

Manesh K. Rath, Keller Heckman, Occupational Safety lawyer, Associations Attorney
Partner

Manesh Rath is a trial and appellate attorney with experience in general commercial litigation, food litigation, wage and hour and class action litigation, occupational safety and health law, association law, accessibility, and labor law.

Mr. Rath has been the lead amicus counsel on several cases before the U.S. Supreme Court, including Staub v. Proctor Hospital and Vance v. Ball State University.

Mr. Rath is a co-author of three books in the fields of OSHA law, wage and hour law, and labor and...

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