OSHA Announces Controversial Final Rule for Online Releasing of OSHA Injury/Illness Data



Under a final rule that becomes effective January 1, 2017, OSHA will revise its requirements for recording and submitting records of workplace injuries and illnesses to require that some of this recorded information be submitted to OSHA electronically for posting to the OSHA website.

The requirement applies to establishments with 250 or more employees that are currently required to keep OSHA injury and illness records; they must electronically submit information from OSHA Forms 300 – Log of Work-Related Injuries and Illnesses, 300A – Summary of Work-Related Injuries and Illnesses, and 301 — Injury and Illness Incident Report to OSHA electronically.  The requirement also applies to establishments with 20-249 employees that are classified in certain industries such as construction, waste treatment and disposal, general freight trucking, and utilities, among others with historically high rates of occupational injuries and illnesses must electronically submit information from OSHA Form 300A.  (Link to all applicable industries can be found here).

It is important to note that the electronic submission requirements do not change an employer's obligation to complete and retain injury and illness records as is being done currently.  The requirements are being phased in over 2017 and 2018.  The table below illustrates the requirements:

Submission YearEstablishments with 250 or more EmployeesEstablishments with 20-249 EmployeesSubmission Deadline
2017Form 300AForm 300AJuly 1, 2017
2018Forms 300A, 300, 301Form 300AJuly 1, 2018
2019Forms 300A, 300, 301Form 300AMarch 2, 2019*

* Beginning in 2019 and thereafter, forms must be submitted by March 2 of each year to OSHA.

OSHA will post the establishment-specific injury and illness data it collects on its website.  OSHA will remove any Personally Identifiable Information (PII) prior to publishing data.

OSHA believes that the public availability of this information will improve benchmarking across all industries, and is also likely to incentivize organizations to reduce workplace injuries because this information will now be public to their stakeholders.