By James L. CurtisBenjamin D. BriggsMark A. Lies, IIBrent I. Clark, and  Craig B. Simonsen

Seyfarth Synopsis: To be compliant, employers in State Plans that have not yet adopted OSHA’s new rule for electronic filing of injury data for Calendar Year 2017, are required to file in the federal OSHA database.

In its news release this week OSHA announced that “Section 18(c)(7) of the Occupational Safety and Health Act, and relevant OSHA regulations pertaining to State Plans, require all affected employers to submit injury and illness data in the Injury Tracking Application (ITA) online portal, even if the employer is covered by a State Plan that has not completed adoption of their own state rule.”

We have blogged previous concerning the new ITA rules.  See OSHA Intends to “Reconsider, Revise, or Remove Portions” of Injury and Illness E-Reporting Rule Next Year, OSHA Delays Electronic Filing Date for Injury and Illness Records Until December 1, 2017, and Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule.

OSHA has now notified employers in State Plans that have not yet adopted OSHA’s new rule for electronic filing of injury data for Calendar Year 2017 they are required to comply.  An employer covered by a State Plan that has not completed adoption of a state rule must provide Form 300A data for Calendar Year 2017.  All employers are required to submit their Form 300A data by July 1, 2018. The Agency noted that “there will be no retroactive requirement for employers covered by State Plans that have not adopted a state rule to submit data for Calendar Year 2016.”

We will continue to monitor OSHA’s activities relating to this rule.  OSHA has indicated that it will be reviewing the rule and will be issuing future guidance.

For more information on this or any related topic please contact the author, your Seyfarth attorney, or any member of the Workplace Safety and Health (OSHA/MSHA) Team.