The Deadline is Here: So Where Can I Electronically File My OSHA 300A Forms?
Back in January, we reminded our readers that employers that are required to submit OSHA 300A forms would have to submit their 2016 forms electronically by July 1, 2017. As many of my clients have already discovered, complying with this regulation has not been possible. While OSHA had promised that it would launch the recordkeeping website in February 2017, it still had not done so when the July 1, 2017 deadline arrived. There is currently no place to electronically report.
For now, employers should continue to maintain their paper records, just as they have always done. In the meantime, OSHA has established a new December 1, 2017 deadline and promises that it will have the reporting website online sometime in August. I wouldn’t hold my breath.
The bigger question is whether the Trump administration intends to revisit these regulations altogether or is simply delaying implementation. OSHA has hinted that it intends to use the additional time to reconsider some aspects of the Obama regulations. While I suspect that OSHA will go forward with the electronic reporting requirements, I would not be surprised if they decide against making the data publicly available, which had been one of the biggest criticisms of the rule in the first place.
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.