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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.

© 2020 Keller and Heckman LLP


About this Author

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

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...

Javaneh Nekoomaram, KellerHeckman, environmental and workplace safety attorney

Javaneh Nekoomaram is an associate in the environmental and workplace safety and health (OSHA) practice groups at Keller and Heckman.

Ms. Nekoomaram practices in all areas of environmental law as well as occupational health and safety law, and chemical control law. She routinely advises clients on a broad range of environmental health and safety compliance issues.

Prior to joining Keller and Heckman, Ms. Nekoomaram served for three years as Counsel for the American Coatings Association where she was responsible for the association’s Occupational Health and Safety, Product Stewardship, and Environmental Management Committees. She provided regulatory compliance and advocacy on a number of issues on behalf of the coatings industry including TSCA, Prop 65, hazard communication and labeling, state chemical regulation, hazardous waste, air and water quality, occupational health and safety, and chemical safety regulations. She also served as Advocacy Counsel for the Graffiti Resource Council, an organization supported by the aerosol coatings industry that provides anti-graffiti strategies for cities across the country.

While in law school, Ms. Nekoomaram was a member of the Dean’s Tutorial Society and the Order of the Barristers, and participated in  the National Health Law Moot Court Competition and the Wagner National Labor and Employment Law Moot Court Competition.