OSHA has promulgated a final rule, expanding the number of employers that must electronically submit detailed information on worker injuries and illnesses once a year to the agency. The final rule, which takes effect on January 1, 2024, requires employers in certain, high-hazard industries listed in Appendix B to the rule to submit annually OSHA Forms 300, 301 and 301. ILMA members are not listed in Appendix B, which the Agency says covers those industries with an average of 3.5 injuries per 100 full-tine employees between 2017 and 2019.

“ILMA members are relieved that OSHA did not include them in the lowered threshold list of employers that must electronically submit information from all three OSHA forms,” said ILMA CEO Holly Alfano. “However, we believe that OSHA is forcing the Appendix B employers to disclose sensitive information that can mischaracterize a company’s safety record and easily can be misused.”

OSHA Form 300 is a log of all work-related injuries and illness, while Form 301 is a detailed account of individual injury or illness that occurred in the workplace. Form 300A summarizes all recordable work-related injuries and illnesses in the prior year.

Importantly for ILMA members, the final rule retains and does not change the current requirement for those member companies with 20-249 employees to submit electronically Form 300A by March 2 of each year for the prior calendar year. Most ILMA members are classified in NAICS Code 32, which remains a covered manufacturing industry in Appendix A to the final rule. ILMA members subject to the annual OSHA Form 300A reporting requirement submit the summary information via OSHA’s Injury Tracking and Tracing Application.

OSHA also keeps in place in the final rule the Form 300A electronic reporting requirement for establishments with 250 or more employees. Additionally, OSHA will now require establishments to include their legal company name when making electronic submissions to OSHA. Short form descriptions and “doing business as” entries will no longer be accepted.

OSHA intends to release data from the annual electronic submissions on a public website after identifying and removing information that could reasonably be expected to identify individuals directly (such as names and contact information).

Additionally, OSHA’s injury and illness reporting rule does not directly apply in State Plan states. However, many of those states eventually adopt parallel, if not identical, provisions.

ILMA General Counsel Jeff Leiter reminds members that, even though they may only to electronically submit the Form 300A summary to OSHA, they nevertheless need to maintain the information required by Forms 300 and 301 in the regular course and must provide the information on these forms upon request by the agency.