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OSHA Rescinds Most of Obama Electronic Reporting Requirements

On January 25, 2019, OSHA issued a final rule rescinding the Obama administration’s requirements that employers with more than 250 employees must electronically submit their logs of Work-Related Injuries and Illnesses (OSHA Form 300) and Injury and Illness Incident Reports (OSHA Form 301).

The requirements were widely criticized by the business community which had been concerned about how the information might be used by competitors, the media, and a governmental agency often intent on “shaming” non-compliant employers. The primary justification for rescinding the requirements was concern about the “risk to worker privacy.”

While this is certainly a favorable development for employers, employers are still required to maintain OSHA Forms 300 and 301, and they are likely to be the first records that your local OSHA inspector asks for when he shows up at your worksite. If asked for these records, the regulations require you to produce them within four hours. Moreover, this is not one of those situations where you can avoid compliance by asking for a subpoena.

Employers must also still file their OSHA 300A forms—which provides summary data only—electronically. If you are a covered employer, you will need to file your OSHA 300As for 2019 no later than March 2, 2019. Remember that your OSHA 300A forms for the previous year must also be posted in the workplace from February 1 until April 30 every year.

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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.