Employers across the United States are already required under OSHA law to record injuries and illnesses that occur on their jobsites on OSHA forms. In an effort to further improve worker health and safety and increase reporting accuracy, OSHA issued an updated rule earlier this year requiring employers to electronically submit those same work-related injuries and illnesses into an electronic recordkeeping system. Our OSHA defense attorneys will share some important information regarding the new system.
The Injury Tracking Application (ITA)
Employers will be able to submit their records electronically via OSHA’s new ITA system which will be released on August 1, 2017. Employers will submit data either manually into a web form, by uploading a CSV file to process an establishment (several establishments can be submitted at the same time), or by transmitting data to an application programming interface. The process involves creating an establishment, adding their 2016 OSHA 300A summary information, submitting the data to OSHA, and reviewing a confirmation email.
The Anti-Retaliation Provision
Employees have the right to report work-related injuries and illnesses, and employers are required to make them aware of these rights. Retaliation against an employee who chooses to submit an injury or illness report is prohibited, and post-accident drug and alcohol testing (effective November 1st) is limited as well. Employers are required to place an OSHA poster in a prominent area of the workplace.
Who is Required to Submit the Form?
Employers with 250 or more employers are required to maintain OSHA injury and illness records and submit OSHA Forms 300, 300A, and 301. Classified industries with high rates of injuries and illnesses between 20 to 249 employees will be required to submit the OSHA Form 300A electronically. Extended dates for reporting for certain employers have been provided and reporting requirements will be phased over a period of 2 years. However, for more detailed information on reporting guidelines and dates, employers are encouraged to visit OSHA online.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.