Upload your OSHA 300A electronically by March 2 if your NAICS code begins with 23 and have 20 or more employees in an establishment. New additional requirements for 2024, if your NACIS code begins with 2381 and you have 100 or more employees in an establishment, you will also have to upload your OSHA 300 log (after removing data from column B) and the OSHA 301 for each recordable incident (after removing data from field 1, 2, 6 and 7).

Establishments that meet certain size and industry criteria are required to electronically submit injury and illness data from their OSHA Form 300A, 300 and 301 (or equivalent forms) annually to OSHA no later than March 2. OSHA collects this work-related injury and illness data through the ITA, which also includes answers to frequently asked questions. Also, see the Protecting Personally Identifiable Information fact sheet, which  explains how establishments can avoid submitting PII through the ITA.

To determine whether you are required to submit this data, visit the ITA Coverage Application. This application only applies to establishments located in states under Federal OSHA jurisdiction. If your establishment is located in a State Plan State, please contact their OSH plan for guidance.

Background:

On July 21, 2023, the U.S. Department of Labor’s Occupational Safety and Health Administration issued its Improve Tracking of Workplace Injuries and Illnesses final rule, which undoes the ABC-supported provisions of the 2019 final rule promulgated under the Trump administration and reprises the 2016 Obama-era rule. The final rule went into effect on Jan. 1, 2024, for certain employers and OSHA intends to make much of the data it collects publicly available online.

In a press release, ABC announced its opposition to the final rule. “Unfortunately, the Biden administration is moving forward with a final rule that does nothing to achieve OSHA’s stated goal of reducing injuries and illnesses,” said Ben Brubeck, ABC vice president of regulatory, labor and state affairs. “Instead, the final rule will force employers to disclose sensitive information to the public that can easily be manipulated, mischaracterized and misused for reasons wholly unrelated to safety, as well as subject employers to illegitimate attacks and employees to violations of their privacy.”

What does the final rule do?

• Establishments with 100 or more employees in certain high-hazard industries are required to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. They are also required to include their legal company name when making electronic submissions to OSHA.
• Establishments with 20 to 249 employees in certain high-hazard industries will continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year.
• Establishments with 250 or more employees that must routinely keep records under OSHA’s injury and illness regulation will also continue to be required to electronically submit information from their Form 300A to OSHA once a year.
• The data must be electronically submitted through OSHA’s ITA.

More Information:

• OSHA fact sheet
• OSHA frequently asked questions
• OSHA news release
• OSHA Injury Tracking Application webpage
• ABC general counsel Littler Mendelson’s analysis of the final rule
• ABC’s members-only archived webinar, “OSHA Developments Affecting the Construction Industry”

In June 2022, ABC submitted comments urging OSHA to withdraw the proposed rule.

 For more information click here (https://www.osha.gov/recordkeeping). And while you are reviewing all this data, go ahead and submit your 2024 STEP Safety Management System data by clicking here (https://step.abc.org/Step/WelcomePage).