OSHA Issues Final Rule on Injury and Illness Reporting Requirements

Filed in Labor, Safety and Health by on January 28, 2019 4 Comments

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) late last week issued a final rule eliminating a requirement that establishments with 250 or more employees electronically submit information from certain OSHA forms.

These companies will no longer be required to electronically submit information on OSHA’s Log of Work-Related Injuries and Illnesses form (Form 300) and Injury and Illness Incident Report form (Form 301). They are, however, still required to electronically submit information from the Summary of Work-Related Injuries and Illnesses form (Form 300A). The final rule becomes effective Feb. 25, 2019.

Collection of 2018 information from the OSHA Form 300A began on Jan. 2, 2019. The deadline for electronic submissions is March 2, 2019.

OSHA noted that by preventing routine government collection of information that may be quite sensitive, including descriptions of workers’ injuries and body parts affected, the agency is avoiding the risk that such information might be publicly disclosed under the Freedom of Information Act (FOIA).

While NAHB generally supported OSHA’s position on Forms 300 and 301, NAHB believes that the agency did not go far enough in addressing significant issues associated with the previous rulemaking.

The final rule does not address stakeholder concerns that the existing requirement to submit OSHA 300A Summary Forms includes Confidential Business Information (CBI) that must also be protected from public release. CBI is highly valuable to employers and must be protected in some fashion from public release. During the rulemaking, NAHB urged OSHA to rescind its submission requirements for 300A Summary Forms.

NAHB also disagrees with OSHA’s decision to require employers to include their Employee Identification Number (EIN) in the submission of the OSHA 300A Summary Forms. The agency’s desire to require the submission of the EIN for enforcement and research purposes is not outweighed by the potential for fraud exacted upon employers through the public release or availability of the EIN.

Notably, OSHA attempted to exclude public comments on problematic areas of the original Electronic Recordkeeping rule and failed to address stakeholder concerns about those provisions here.

The compliance date for the EIN submission is March 2, 2020, for 2019 Form 300A submissions.

NAHB is a party to active litigation on some of these objections and we hope to see a positive outcome to protect the confidentiality and privacy of NAHB members.

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Comments (4)

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  1. Randy Strauss says:

    question — does this mean that a small home building company with less than 10 employees has to submit this form 300A next year?

    • NAHB Now says:

      OSHA requires that most construction employers with more than 10 employees to keep a record of serious work-related injuries and illnesses. However, if your company’s establishment (i.e., a single physical location where business is conducted or where services or industrial operations are performed) had a peak employment during the previous calendar year of 19 or fewer, you DO NOT have to send the Form 300A data to OSHA. In addition, if your construction establishment had peak employment between 20 and 249 employees during the previous calendar year, employers would then be required to electronically submit their Form 300A data to OSHA.

  2. Tom Pahl says:

    What is this really about? Even for companies with more than 250 employees, 1) the number of serious injuries can’t possibly be so high that the reporting requirement is onerous and 2) of course, it would be easier to report electronically than on paper, so why are we fighting that requirement? and 3) employers are all of a sudden the protectors of their employees EIN security? no… it’s because these employers have so many employees who do not have EIN’s and most probably they are the ones who are injured the most.

    Is the Home Builders Association really watching out for our interests or are they just taking a political stand?

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