More employers will be required to submit workplace injury and illness information to OSHA under a final rule released by OSHA, which takes effect on January 1, 2024.

Currently, two groups of establishments are required to electronically submit information from their injury and illness records to OSHA once a year:

2. Establishments with 250 or more employees in certain industries (identified in appendix A of the rule) are required to electronically submit information from the Form 300A summary to OSHA once a year. (29 CFR 1904.41)
3. Establishments with 20-249 employees in certain designated industries (identified in appendix A of the rule) are required to electronically submit information from their Form 300A summary to OSHA once a year. (29 CFR 1904.41(a)(2)).

Under the new rule, three groups of establishments will be required to electronically submit information form their injury and illness recordkeeping forms to OSHA once a year.

1. Establishments with 250 or more employees in certain industries will continue to be required to electronically submit information from the Form 300A to OSHA once a year.

2. Establishments with 20-249 employees in certain designated industries will continue to be required to electronically submit information form their Form 300A annual summary to OSHA once a year.

3. NEW GROUP: Establishments with 100 or more employees in certain designated industries (listed in new appendix B; all industries listed in appendix B are also listed in updated appendix A) will be newly required to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. OSHA chose the industries listed in new appendix B based on three measures of industry hazardousness.

OSHA is also updating the NAICS codes used in appendix A, which designates the industries required to submit their Form 300A data, and its adding appendix B, which designates the industries required to submit Form 300 and Form 301 data.

• Updated appendix A is located here: (page 12)
• New appendix B is located here: (page 23-25)

In addition, establishments will be required to include their company name when making electronic submissions to OSHA.

OSHA intends to post some of the data from the annual electronic submissions on a public website after identifying and removing information that could reasonably be expected to identify individuals directly, such as individuals’ names and contact information. OSHA has determined that the data collection will assist the agency in its statutory mission to assure safe and healthful working conditions. OSHA has also determined that the expanded public access to establishment-specific injury and illness data will allow employers, employees, potential employees, and others (including the general public) to make more informed decisions about workplace safety and health at a given establishment.

OSHA already requires employers with more than 10 employees in most industries to keep records of occupational injuries and illnesses at their establishments. Employers covered by the regulation must use three forms (of their equivalent) to record recordable employee injuries and illness:

• Form 300, Log of Work-Related Injuries and Illnesses;
• Form 301, Injury and Illness Incident Report; and
• Form 300A, the Annual Summary of Work-Related Injuries and Illnesses. Employers are required to prepare Form 300A at the end of each calendar year and post the form in a visible location in the workplace from February 1^st to April 30 of the following year.

Employers should review updated appendix A and new appendix B to determine if OSHA’s new rule will require their organization to electronically submit any data. If so, employer should update their ongoing and annual injury and illness recordkeeping processes accordingly.

Questions?

Contact the author Sandy Andre.