OSHA’s Electronic Submissions & Anti-Retaliation Rule
February 1, 2017
By Mindy Carrothers, Pinnacol Safety Group
With the new year underway, we remind you about amendments to OSHA’s recordkeeping regulations that became effective Jan. 1, 2017. The revised regulations require many employers to annually submit to OSHA certain electronic injury and illness data, which will then become publicly available. The new rule also includes anti-retaliation language that covers the entire scope of employer policies on the reporting of workplace injuries and illnesses.
The annual electronic reporting requirements became effective on New Year’s Day, 2017, while the anti-retaliation provisions were effective much earlier, on Aug. 10, 2016.
Annual Electronic Reporting
Previously, employers covered by OSHA’s recordkeeping regulations collected and maintained injury and illness data internally. Under the new rule, covered employers must now provide injury and illness data to OSHA annually, and the agency intends to make the data publicly available.
The annual electronic reporting requirements apply to three categories of employers:
- Large employers (i.e., establishments with 250 or more employees that are not exempt from OSHA’s recordkeeping rules)
- “High-risk” employers (i.e., establishments with 20-249 employees in certain high-risk industries)
- Any other employers from which OSHA makes a written request for data
OSHA decreased the reporting requirement for large employers (250+) from quarterly submissions to an annual submission. All employees working at an establishment during the previous calendar year (including full-time, part-time, seasonal, or temporary workers) are counted.
The new reporting requirements will phase in over the next two years as follows:
July 1, 2017
July 1, 2018
|March 2, 2019
(and every March 2
with 250+ Employees
|2016 OSHA Form 300A
|2017 OSHA Forms
300, 300A and
|Prior year’s OSHA Forms
300, 300A and 301 due
|Employers in “High
Risk” Industries with 20-249 Employees
|2016 OSHA Form 300A
|2017 OSHA Form 300A
|Prior year’s OSHA Form
300A Logs due
- Employers subject to OSHA’s recordkeeping regulations can take certain steps now to comply with the new rules and limit citation liability:
- Collect OSHA 300A forms (and 300 and 301 forms for large employers) electronically.
- Post the newly revised OSHA poster to ensure compliance with the rule’s revised informational requirements.
- Ensure reporting procedures (and, if applicable, any safety incentive programs) to ensure that such programs are reasonable and do not discourage injury and illness reporting.
- Remind managers of anti-retaliation practices in light of the increased scrutiny employers will face under the revised rule. Per OSHA’s guidance, review disciplinary, incentive and drug-testing programs for elements that could result in retaliatory actions against employees.
For more information on OSHA’s electronic submissions and anti-retaliation rule and the requirements for your organization, visit OSHA’s recordkeeping and reporting requirements webpages. Review the helpful resources, including the OSHA Report Manager and many downloads, available on Pinnacol’s OSHA recordkeeping webpages. Consider registering for one of Pinnacol’s OSHA recordkeeping training sessions. Check out the online interactive OSHA compliance training available to Pinnacol customers through J.J. Keller. Or call Pinnacol’s Safety On Call hotline at 303-361-4700 or 888-501-4752. Our
Safety Services Team stands ready to answer questions and help your organization remain current and compliant with OSHA requirements.