OSHA Announces Delay of Electronic Filing Deadline; Filing of OSHA 300A Now Required By December 15, 2017

27 November 2017 Labor & Employment Law Perspectives Blog
Authors: Daniel A. Kaplan

The compliance date for employers to file their 2016 OSHA 300A reports on the new electronic website has been delayed an additional two (2) weeks pursuant to a regulation issued on Wednesday, November 22, 2017, and which is expected to be published on November 24. OSHA explained that the additional two weeks would allow employers further time to become familiar with the electronic submission process and facilitate an orderly filing process. (The most recent date by which all submissions were due was to be December 1).

The OSHA injury and illness reporting website went “live” on August 1, and employers have had since that date on which to upload their 2016 OSHA 300A report. However, the site was inaccessible for a short period in August due to a reported alleged breach on the site that may have exposed the data submitted in early August. A review of the entire system, according to the new regulation, established that no breach had in fact occurred.  By extending the deadline to December 15, OSHA notes that employers will still have a full four (4) months to address the necessary filing.  Finally, since the 2016 OSHA 300A was originally to have been posted by employers on February 1, 2017, in their respective workplaces, OSHA suggested there are no bases to support any claim for a need for any further delay.

Nearly all employers are required to upload their 300A report. The electronic submission requirement for filing the OSHA 300A applies to all employers that have 250 or more employees, as well as to employers with 20 to 249 employees if they are classified in certain industries. (There is an exception for employers in certain states where the electronic filing requirement has not been adopted by the State OSHA Plan: CA, MD, MN, SC, UT, WA and WY).  In addition, employers with more than 249 employees are required to submit information from their OSHA 300 Log and the OSHA 301, in addition to filing their OSHA 300A. The OSHA web site has a thorough explanation of the reporting obligations.

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