Effective January 1, 2024, new regulations will impact certain employers in high-hazard industries. The U.S. Department of Labor recently unveiled a final rule that mandates the electronic submission of injury and illness data to the Occupational Safety and Health Administration (OSHA). This new rule is part of a broader effort to enhance workplace safety and transparency.
What the Rule Entails
The final rule, announced by the Department of Labor, introduces several key submission requirements:
- Electronic Submission for High-Hazard Industries: Establishments with 100 or more employees in designated high-hazard industries are now obliged to electronically submit information from their Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report) to OSHA annually. This complements the existing requirement to submit Form 300A (Summary of Work-Related Injuries and Illnesses).
- Legal Company Name Inclusion: To enhance data accuracy, establishments must include their legal company name when making electronic submissions to OSHA from their injury and illness records.
- Public Access to Data: OSHA intends to publish some of the collected data on its website. This move aims to provide valuable insights to employers, employees, potential hires, employee representatives, customers, researchers, and the general public. Access to this information is expected to empower stakeholders to make informed decisions regarding workplace safety and health.
The Rationale Behind the Rule
Doug Parker, Assistant Secretary for Occupational Safety and Health, highlighted the rule’s significance, emphasizing that it aligns with Congress’s intent for the Occupational Safety and Health Act. This includes providing the agency and the public with insights into worker safety and health issues. The rule will enable OSHA to strategically address workplace injuries and illnesses in high-hazard industries while benefiting the safety and health community as a whole.
Retaining Current Requirements
The final rule retains the existing electronic submission requirements for Form 300A for establishments with 20-249 employees in certain high-hazard industries and for establishments with 250 or more employees in industries mandated to maintain OSHA injury and illness records.
Existing Requirement:
OSHA has long-standing reporting requirements related to workplace injuries and illnesses. These requirements are applicable to “designated industries” or “industries that are required to routinely keep OSHA injury and illness records.
- Establishments with 20-249 employees in certain designated industries are required to electronically submit information from their Form 300A annual summary to OSHA once a year. (DOES NOT APPLY TO NAICS CODE OF 44111)
- Establishments with 250 or more employees in industries that are required to routinely keep OSHA injury and illness records will continue to be required to electronically submit information from the Form 300A to OSHA once a year. (DOES APPLY TO NAICS CODE OF 44111)
- Establishments with 250 or more employees in industries that are required to routinely keep OSHA injury and illness records to electronically submit information from the Form 300A summary to OSHA once a year. (DOES APPLY TO NAICS CODE OF 44111)
- Establishments with 20-249 employees in certain designated industries to electronically submit information from their Form 300A summary to OSHA once a year. (DOES NOT APPLY TO NAICS CODE OF 44111)
This final rule (effective January 1, 2024) makes no changes to the requirements listed above. NAICS code of 44111 should have been maintaining OSHA logs and submitting OSHA logs as required on the existing standard.
New Requirement:
With the publication of this final rule, which goes into effect on January 1, 2024, OSHA is now requiring establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. (DOES NOT APPLY TO NAICS CODE OF 44111)
In addition, OSHA will be requiring establishments to include their legal company name as part of their annual submission, which it intends to make publicly available on a database alongside the generalized information. This new standard updates do not apply to NAICS code of 44111.
Conclusion
The Department of Labor’s announcement signifies a major step toward improving workplace safety and transparency. By requiring electronic submission of injury and illness data and making it accessible to the public, the new rule aims to reduce occupational injuries and illnesses. Employers, employees, and the broader community will have access to valuable insights that can inform decisions and contribute to safer workplaces.
Chris Pfeiffer
Chris Pfeiffer is a certified safety and health professional with experience working in construction and general industry environments. His primary responsibility is to provide resources and support to our team in the field. His other duties include managing clients, delegating work projects among team members and building/maintaining a book of business to ensure performance and financial team goals are achieved.
Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.
