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OSHA Proposes Amending Electronic Recordkeeping Requirements

August 06, 2018

The Occupational Safety and Health Administration (OSHA) has published a notice of proposed rule-making (NPRM) seeking comments on a proposed measure that would partially rescind the 2016 amendments to its record-keeping rule. The 2016 amendments required establishments with at least 250 employees, or with at least 20 employees in a high-risk industry, to electronically submit their illness and injury records to OSHA annually, beginning in 2017. However, OSHA was not accepting OSHA 300 and 301 forms on its portal for the July 1, 2018, deadline. Comments on the proposed rule are due by September 28, 2018.

What Employers Need to Know About the Proposed Amendment

What OSHA proposes to change:

  • Employers with at least 250 in a single establishment would no longer need to electronically file (e-file) 300 and 301 logs (but they would still need to e-file the 300A summary annually). The reason for this change given in the proposed rule is that collection of the 300 and 301 logs “adds uncertain enforcement benefits, while significantly increasing the risk to worker privacy.”
  • The proposed rule would also add a requirement for employers to submit their employment identification numbers when e-filing 300A summaries to “reduce or eliminate duplicative reporting.”

What OSHA is not changing:

  • Employers with 20–249 employees in designated industries would still be required to e-file their 300A summaries annually.
  • The proposed changes make no mention of OSHA’s interpretation that suggests post-accident drug testing and safety incentive programs may be unlawful.

Key Takeaways

The proposed rules simplify e-filing for establishments with at least 250 employees. Unfortunately, however, OSHA’s failure to propose changes to the interpretation of the remaining rules means that employers with post-accident drug testing programs and safety incentive programs may be at risk.