Advocacy Update: OSHA Issues Final Rule
on Injury and Illness Reporting
      By Ben Gann, NLBMDA Vice President of Legislative and Political Affairs

The Occupational Safety and Health Administration (OSHA) announced on January 24 that it has issued a final rule that eliminated the requirement for businesses with 250 or more employees to electronically submit information for OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to the Agency each year. OSHA states that the final rule will allow the Agency to improve enforcement targeting and compliance assistance, protect worker privacy and safety, and decrease burden on employers. The rule takes effect on February 25, 2019.

Businesses with 250 or more employees, as well as businesses with 20 to 249 employees in designated high-risk industries, must still submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). Please note that lumber and building material dealers are classified as a high-risk industry and subject to the stricter reporting requirements for OSHA Form 300A.

By no longer requiring submission of Forms 300 and 301, it greatly reduces employer concerns about employee privacy and identity. However, employers are still required to maintain these forms on-site as well as submit them on an as-needed basis during inspections and enforcement actions.

OSHA is also amending the recordkeeping regulation requiring covered employers to electronically submit their Employer Identification Number (EIN) with their information from Form 300A. The final rule’s requirement for employers to submit their EIN to OSHA electronically along with their information from Form 300A will make the data more useful for OSHA and the Bureau of Labor Statistics (BLS), and may reduce duplicative reporting burdens on employers.

The new rule makes clear that there is no ban on post incident drug testing or incident-based safety incentive programs. Any language from the 2016 rule that suggested there is a limit on incentive programs or drug testing is overridden by this new rule. Drug testing remains a good tool for employers in identifying potential impairments that may have led to a workplace accident.

Collection of calendar year 2018 information for OSHA Form 300A is currently underway. The deadline for electronic submissions is March 2, 2019. For more information on current requirements and to submit your company’s data, click here .

Questions? NLBMDA members with questions should contact Ben Gann, NLBMDA Vice President of Legislative and Political Affairs, at or 202.367.2346.