After much anticipation and delay, the OSHA 300 electronic reporting rule will be implemented on Dec. 1 for all federal OSHA states. States with state OSHA programs will need to be compliant by May 1, 2018.

The implementation was inevitable as in the age of technology, companies can no longer rely on paper documents.

Determining Company Readiness

What Are the New Effective Dates?

OSHA’s official release states:

The new reporting requirements will be phased in over two years: OSHA proposed to extend the 2017 compliance date for electronically submitting injury and illness reports from July 1 to December 1. Applicable employers can submit injury and illness data using an electronic reporting system available August 1.

Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

Establishments with 20-249 employees in certain high-risk industries must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

How Will the Electronic Report Work?

OSHA has established a secure website that will provide three options for submission information.

1. users will be able to submit data into a web form directly onto the OSHA website;
2. users will have the option to submit information by uploading a CSV file for either single or multiple locations at the same time; and
3. users who are utilizing an automated recordkeeping system will have the option to send information through an API (application programming interface). The ITA (injury tracking application) will be accessible through the ITA launch page (this page will also provide users the ability input 2016 OSHA 300A information).

Are There Updates on Individual State Programs Electronic Reporting at This Time?

Although each state with a state OSHA program must be compliant by May 1, 2018, some have not issued final rules for employer compliance as of yet. If contractors have employees working in a state with a state program, they should consult with the individual states OSHA department for implementation dates.

California OSHA, for example, has not released any information on the implementation as of the time of this article. Cal OSHA’s last statement on the subject read:

Effective January 1, 2017, employers in states regulated by federal OSHA were required to electronically submit Log 300 records of injuries and illnesses. The electronic reporting requirements, along with the incorporation of an existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses, were added to federal OSHA's recording and reporting regulations found in the Code of Federal Regulations, title 29, part 1904.

California employers are not required to follow the new requirements and will not be required to do so until "substantially similar" regulations go through formal rulemaking, which would culminate in adoption by the Director of the Department of Industrial Relations and approval by the Office of Administrative Law.

Cal/OSHA drafted a proposed rulemaking package to conform to the revised federal OSHA regulations by amending the California Code of Regulations, title 8, sections 14300.35, 14300.36, and 14300.41. The package is currently under review within the Administration.