E-Blasts

In 2016, when the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued its “Improve Tracking of Workplace Injuries and Illnesses” rule that required certain employers to submit injury/illness data electronically, employers in state-plan states like California were not required to comply until their states issued their own rules. California employers covered by Cal/OSHA were not yet subject to this rule, as we reported here, until now.

On April 30, 2018, OSHA published a news release announcing that all affected employers are required to submit injury and illness data in the Injury Tracking Application online portal, even if covered by a state plan that has not completed adoption of its own state rule.

Now, California employers with 250 or more employees, and employers with 20 or more employees that are classified in certain “high-hazard” industries with historically high rates of occupational injury and/or illness in the workplace, including agriculture and freight trucking, (“high-hazard employers”) must comply with the federal online reporting requirement. The required records of injuries and illnesses must be electronically submitted through the Injury Tracking Application, which can be found here.

For the 2017 calendar year, affected employers – including those in California – must electronically submit their injury and illness forms as follows by July 1, 2018

Number of Employees

Industry

Required Forms

250 or more

All

Form 300, Form 300A, Form 301

20-249

“High-hazard”

Only Form 300A

20-249

Not “high-hazard”

N/A

Less than 20

All

N/A

 
All three forms and the instructions to complete the forms can be found here. Though this year’s due date is July 1, 2018, beginning in 2019, and every year thereafter, employers must submit the required forms by March 2.

COUNSEL TO MANAGEMENT:

This is a distinct reversal of the previous interpretation of this rule. If you employ more than 250 employees – or 20-249 if in a “high-hazard” industry – you need to make sure you electronically report the requested injury and illness records, regardless of the state in which you operate. Should you need any OSHA and/or Cal/OSHA compliance advice, please contact the experts at The Saqui Law Group.

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