On January 1, 2024, a new Occupational Safety and Health Administration (“OSHA”) Rule took effect: the Final Rule to Improve Tracking. OSHA has long required employers to track and maintain records regarding workplace injuries and illnesses. Since 2016, OSHA has implemented (under multiple Presidential Administrations) varying rules regarding electronic submission of Forms 300, 300A and 301.
Whereas former versions of the rule included a 250 employe threshold, OSHA’s new Rule expands application of the rule to more employers in high-risk industries in an effort to increase transparency and public access.
Effective January 1, covered employers with 100 or more employees in designated “high-risk industries” are now required to electronically submit both OSHA Forms 300 and 301 on an annual basis, as well as 300A Summaries. A list of the high-risk industries subject to the new requirement can be found at OSHA’s injury reporting website.
While most data submitted on employer Forms 300A, 300, and 301 will be made available to the public, certain information will not be made available, including employee names, addresses, and medical providers.
Practically speaking, application of the new rule will give OSHA significantly more information at its disposal to not only analyze over the long-term, but also use in the short term to prepare for onsite inspections and to target employers under existing national emphasis programs.
The deadline to submit information for the 2023 calendar year is March 2, 2024. OSHA has posted FAQs and written instructions on how to submit information on the ITA on their website.
If you have any questions about your obligations under the new Rule, please contact Katie McLaughlin or any member of Frantz Ward’s Labor & Employment Group.