Volume 33 I Tuesday, October 6, 2020
 OSHA Form 300A Data Now Publicly Available
The 2016 Revised Tracking of Workplace Injuries and Illnesses Rule commonly referred to as the Electronic Reporting Rule, included a provision that would make the information submitted by companies publicly available. Under the final rule, establishments with 250 or more employees, as well as printing operations with between 20 and 249 employees, must electronically submit injury and illness data drawn from their Form 300A. The 300A data must be submitted to OSHA via the Agency’s online Injury Tracking Application (ITA). The deadline for reporting is March 2 of each year for the previous year’s data. 
The Trump Administration did not move forward, in an expeditious manner to publish submitted data on OSHA’s web page. When Freedom of Information Act (FOIA) requests for the data were denied, the petitioners sought a legal remedy to require OSHA to release the data. In June of 2020, U.S. District Court for the District of Columbia ruled that OSHA had to release the data.  
As a result, OSHA has now posted work-related injury and illness data electronically submitted by employers on its web page. The agency has posted Form 300A data for the following calendar years: 2016, 2017 and 2018. In addition, the Agency published a data dictionary which provides definitions for the data entry column headings and other terms found in the actual yearly data files. Once the data for 2019 is complied, it will also be released. 
This court decision places even greater urgency on printing operations to ensure that their injury and illness data is accurate as it will now be available to the public. Therefore, the information included on Form 300, which contains more detailed information and is used to complete Form 300A, needs to be carefully reviewed. For example, double counting an injury as both “days away from work” and “job transfer or restriction” could inflate the overall number of incidents on Form 300A. 
For more information, please contact the Government Affairs Department at govtaffairs@printing.org
The Centers for Disease Control (CDC) updated its guidance regarding COVID-19 testing (namely, a recommendation that asymptomatic persons should get tested) and the many considerations employers should make when reopening buildings after they’ve been closed or reduced in operations.
New OSHA Guidance On Cloth Face Masks
In its new guidance documents, OSHA recommends that employers follow the best practices to protect against the spread of COVID-19 and the risk of heat-related illness, including:

  • Prioritize the use of cloth face coverings when workers are in close contact with others (less than 6 feet), such as during group travel or shift meetings.
  • Allow workers to remove cloth face coverings when they can safely maintain at least 6 feet of physical distance from others.
  • Evaluate the feasibility of wearing cloth face coverings for each worker and consider alternatives (e.g., face shields) when appropriate.
  • Increase the frequency of hydration and rest breaks in cooled environments.
  • Incorporate at least 6 feet of physical distancing into break areas by staggering breaks, spacing workers, or limiting the number of workers on break at a time, where feasible.
  • Encourage workers to use cloth face coverings that optimize fit and comfort and are made out of breathable, moisture-wicking materials.
  • Encourage workers to change cloth face coverings when wet, as wet face coverings make it more difficult to breathe and are not as effective. Provide clean replacement cloth face coverings or disposable face masks, as needed, for workers to change into throughout the work shift.
  • Plan for heat emergencies and train workers on heat stress prevention and treatment.
  • Avoid scheduling strenuous tasks during the hottest parts of the day and alter work shifts to cooler parts of the day, when possible.
  • Allow workers to utilize personal passive cooling devices such as ice vests.
  • Increase the frequency of communication to workers and encourage workers to monitor themselves and others for signs of heat illness.
I-9 & E-verify updates
The Flexibility for I-9 compliance for remotes workers & workplaces is extended to November 19. You can find more information about it here: Form I-9 Requirements Flexibility Extended for an additional 60 Days
Some Employment Authorization Documents (EADs) are delayed – particularly those related to asylum seekers. So, a Form I-767 can be used as a List C #7 EAD. Here is a link if you need further information: Employment Authorization Document (EAD) Delays Due to COVID-19
If you use E-Verify and have a tentative non-confirmation (TNC) on an employee, you must take action on that TNC within 10 government working days. The Dept. of Homeland Security is planning to begin enforcing the TNC legal requirements starting on November 5. You can find more information about it here: E-Verify Requirement – Employer Action Required on Tentative Non-confirmations within 10 Federal Government Working Days
In these unprecedented and uncertain times, PIA San Diego is committed to providing the printing and graphic arts community with the most up-to-date resources on the ongoing COVID-19 situation.
Phone: 858.800.6900 I Email: Info@piasd.org