Many employers annually submit injury data through OSHA’s Injury Tracking Application (ITA) by March 2 each year. OSHA finalized changes to the electronic reporting requirements that take effect January 1, 2024.
This revision kept most of the previous rules but added significant obligations for certain employers with 100 or more employees at a single location. OSHA had proposed removing the reporting requirement for establishments with 250 or more employees but decided to retain it. The final rule, therefore, includes three categories of employers with reporting obligations.
Old and New Rules.
First, like the old rule, establishments with 20 to 249 employees in industries listed in Appendix A must electronically submit the 300A annual summary. The industry list did not change, although OSHA updated from 2012 to the 2017 NAICS codes, and a few codes were revised. The 2012 NAICS group 4521 (Department Stores) is split between the 2017 NAICS groups 4522 (Department Stores) and 4523 (General Merchandise Stores, including Warehouse Clubs and Supercenters). Also, the 2012 NAICS group 4529 (Other General Merchandise Stores) is included in the 2017 NAICS group 4523.
Second, as noted, OSHA still requires establishments with 250 or more employees to e-report the 300A if the establishment must maintain a 300 Log.
Third, establishments with 100 or more employees in certain industries listed in new Appendix B must electronically submit information from their 300 Log and 301 forms in addition to the 300A. They will not submit employee names or addresses nor treating physician names. The final rule lists the first four digits for 106 different NAICS codes in Appendix B. Compared to the proposed rule, no industries were removed from Appendix B, but several new industries were added. They are NAICS 1133-Logging, NAICS 1142-Hunting and Trapping, NAICS 3379-Other Furniture Related Product Manufacturing, NAICS 4239-Miscellaneous Durable Goods Merchant Wholesalers, NAICS 4853-Taxi and Limousine Service, and NAICS 4889 - Other Support Activities for Transportation.
OSHA recognizes that some establishments might have more than one NAICS code. The ITA includes a frequently asked question that advises, “Choose the code that represents the activity that generates the most revenue for your establishment and/or has the most employees, whichever is more applicable to your business.”
Employers with multiple establishments may have different obligations for each location. To illustrate, all manufacturing establishments (NAICS codes starting 31, 32, or 33) with 20 or more employees must submit the 300A. However, only manufacturers with 100 or more employees that are listed in Appendix B will submit the 300 Log and 301s. To offer examples:
- NAICS codes starting 325 for chemical manufacturing do not appear in Appendix B, so they’ll submit only the 300A even if the location has 100 or more employees.
- NAICS code 3325 for hardware manufacturing does appear in Appendix B. An establishment with 100 or more employees must submit the 300 Log, 301 forms, and 300A.
Employers should verify which 2017 NAICS code describes each establishment. To identify the correct code, visit www.census.gov/naics which allows searching the 2017 list. In summary:
- Establishments under 20 employees need not report.
- Establishments with 20-249 employees listed in Appendix A will send the 300A.
- Establishments with 250 or more employees that must keep a 300 Log will send the 300A.
- Establishments with 100 or more employees listed in Appendix B will send the 300 Log, 301 forms, and 300A.
How Can Employers Prepare?
Here is your plan to prepare for the new rule, which will take effect on January 1, 2024.
1. Determine Whether You Are Covered.
Importantly, the new rule does not change the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually. This means large employers in non-hazardous industries will still have to submit such data (unless you fall under an exemption).
As mentioned above, establishments with 20-249 employees in certain high-hazard industries designated in Appendix A will also still be required to submit information from their OSHA Form 300A each year electronically. Establishments with 100 or more employees in designated high-hazard industries from Appendix B will need to develop a plan to electronically submit data from Forms 300 and 301 in addition to Form 300A.
Since this data will eventually be posted online by OSHA, it is vital for you to determine whether you fall within the establishments listed on the updated Appendix A and new Appendix B.
2. Review Your Recordkeeping Procedures.
Since OSHA intends to make much of the data it collects public, you should ensure you accurately complete OSHA Forms 300, 301, and 300A. Public release of such information can have a broad impact on your business. So, please look over each injury or illness to make sure that the OSHA standards require you to record such information and avoid recording any extraneous details.
3. Check Applicable State Law Requirements.
Recordkeeping requirements may differ if you do business in a state where a state agency rather than federal OSHA enforces the Occupational Safety and Health Act (such as California, Kentucky, or elsewhere).