OSHA Delays Electronic Reporting

Authored by Thomas R. Chibnall

Jun 29, 2017

The Occupational Safety and Health Administration (OSHA) announced that it is delaying the deadline by which certain employers are required to submit their 2016 Form 300A Summary of Work-Related Injuries and Illnesses to OSHA electronically. The new deadline is Dec. 1, 2017, extending the previous deadline of July 1 by five months.

OSHA stated that this delay will “provide the new administration an opportunity to review the new electronic reporting requirements prior to their implementation and allow affected entities sufficient time to familiarize themselves with the electronic reporting system,” according to the Federal Register where the delay was announced. OSHA’s electronic reporting system, however, will not be available until Aug. 1.

OSHA has also allowed comments until July 13, but only as to the delay of the compliance date. OSHA also stated it intends to issue a separate proposal to “reconsider, revise, or remove other provisions” of the final rule, which may include the rule’s anti-retaliation provision.

As OSHA continues to project its intention to enforce its final rule, including electronic record-keeping and the anti-retaliation provision, it is worth noting that on June 30, the Deputy Assistant Secretary, who is the acting head of OSHA, is set to retire. At this time, no political appointee has been named or identified within or outside the agency. Without a successor in line or in place, this may cause further delay or reduced enforcement of OSHA’s provisions.

Lowenbaum Law will continue to provide updates as they occur regarding OSHA’s electronic record-keeping rule and the other provisions contained within OSHA’s Final Rule. Employers should prepare to submit their 300A logs on Dec. 1, 2017, and familiarize themselves with OSHA electronic reporting system when it is scheduled to be available on Aug. 1.

Please contact our Workplace Safety and Health Team with any OSHA questions or issues, and one of our attorneys will be ready to assist and advise you.

Page 1 of 11