Monday, January 28, 2019

OSHA Finalizes Rule Eliminating Some Reporting Requirements for Large Employers

Lilly Hummel

Last week the Occupational Safety and Health Administration (OSHA) finalized a regulation eliminating the obligation for employers of 250 or more employees to submit their forms 300 and 301. This reporting requirement was proposed under the Obama administration, but was never enforced. The final rule retains the requirement for them to submit their 300A annual summary. Employers with 20-250 employees in certain designated hazardous industries, including long term care, must also continue to submit 300As. 

In addition, the final rule adds a requirement for covered employers to electronically submit their Employer Identification Number with their information from Form 300A. Collection of Calendar Year 2018 information from the OSHA Form 300A began on January 2, 2019. The deadline for electronic submissions is March 2, 2019.

Finally, this new regulation does not make any changes to the anti-retaliation provision.  That provision requires employers to have a “reasonable” program in place for employees to report injuries and safety violations, leaving open to interpretation what “reasonable” means. 

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