December 15, 2017 OSHA Reporting Deadline Still in Place … at Least For Now
Given the new administration’s propensity to extend deadlines for compliance with Obama-era regulations, it’s not surprising that many employers are unsure whether they must electronically report injury and illness data through the OSHA’s Injury Tracking Application, which was launched on August 1, 2017. Well, at least for now, the previously extended deadline of December 15, 2017, is still in effect.
Any establishment with 250 or more employees that is required to keep OSHA injury and illness records — as well as establishments with between 19 and 250 employees in a broad range of industries (manufacturing, many types of retail establishments, hospitals, etc.) — must file their OSHA 300A forms for 2016 no later than December 15, 2017. (This regulation does not apply to establishments in states with OSHA-approved State Plans that have not yet adopted the requirement).
Again, it is only the OSHA 300A that needs to be submitted at this time, which is simply a summary of the total number of deaths, number of cases with days away from work, number of cases with job transfer or restriction and number of other recordable cases, as well as the total number of days away from work and total number of days of job transfer or restriction. Generally, this is a pretty simple form to complete; the most difficult aspect of it is usually calculating the total hours worked by all employees in the year.
While there could always be an eleventh hour reprieve, I wouldn’t count on one. However, OSHA has indicated that it is currently reviewing other provisions of the rule and that it does intend to a publish a notice of proposed rulemaking to “reconsider, revise or remove” portions of the rule in 2018.
This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.