The Occupational Safety and Health Administration (OSHA) requires most employers with 10 or more employees at any “establishment” to prepare and maintain records of occupational injuries and illnesses (I&I) as they occur (I&I Logs). OSHA also requires employers to post an annual I&I Summary in each workplace “establishment” by February 1, summarizing I&Is in that workplace during the previous calendar year. OSHA also requires some employers to submit some of their I&I information electronically to the agency for review and compilation. (I wrote about revisions proposed in March 2022 HERE). In October, OSHA revised electronic procedures for its Injury Tracking Application (API), which subject employers must be ready to use for electronic reporting of 2022 information no later than March 2, 2023.
What are the current requirements for electronic I&I submissions?
OSHA’s I&I rule (29 CFR 1904) requires electronic reporting to OSHA of selected information from targeted workplaces’ OSHA Form 300A Summary of Work-Related Injuries and Illnesses, as follows:
- All establishments with 250 or more employees at any time during a year
- All establishments in designated industries (using North American Industry Classification System (NAICS) codes) with 20 or more employees (but fewer than 250) at any time during a year
- Any other establishment individually notified by OSHA to report.
These requirements apply nationwide, since OSHA requires delegated states (“state plan states”) to adopt comparable requirements. OSHA provides a secure Injury Tracking Application (ITA) for submission of this information online.
What proposed reporting revisions to electronic I&I reporting are pending?
OSHA’s March 2022 proposed revisions to electronic I&I reporting requirements cover:
- Updating the list of industries with 20 or more employees that must make electronic reports, to reflect the 2017 edition of the NAICS codes instead of the 2012 edition reflected in the existing regulations
- replacing required reporting of Form 300A information by all employers with 250 or more employees with reporting of selected Form 300, 300A, and 301 data by employers with 100 or more employees in designated NAICS codes
- online posting by OSHA of establishment-specific, case-specific I&I information
OSHA’s semi-annual regulatory agenda schedules finalization of these proposed revisions before the end of 2022, in time for use when data are reported in 2023.
How is OSHA changing how employers access and use the Injury Tracking Application (ITA) system?
In October, OSHA transitioned the login procedure to access its I&I ITA to tie these agency requirements to the government-wide Login.gov system, which is a secure sign-in service for members of the public to use to sign in to participating government agencies’ reporting and data systems. Each person (individual or organization) creates a single Login.gov account with a single username and password, which can then be used to log in to online systems offered by participating agencies – including, now, OSHA’s ATI. OSHA is requiring all current and new account holders to connect their ITA account to a Login.gov account with the same email address in order to access ATI to provide 2022 Form 300A data (i.e., for the 2023 collection). OSHA provides a Frequently Asked Questions (FAQ) sheet and an informative video to explain the requirements; the describe how a single employer with multiple personnel making access uses the system (with a single password and login) and how a multi-establishment entity uses the system (by defining multiple establishments under a single account).
What happens next?
Organizations that are subject to electronic reporting requirements should move expeditiously to transition their accounts to meet the new Login.gov requirements. As the end of the 2022 calendar year approaches, organizations should also be compiling I&I data and preparing to make submissions no later than March 2, 2023. At the same time, however, since OSHA’s proposed revisions to the underlying I&I reporting requirements are due to be finalized soon, each organization will also need to track the rulemaking (or at least OSHA’s I&I reporting web portal) in order to be ready to present the correct information.
Has the organization defined “establishments” where work is performed?
Does the organization have one or more establishments subject to I&I recording and posting requirements?
Does the organization have one or more establishments required to make electronic reports of I&I data through OSHA’s ITA system?
Has the organization evaluated whether OSHA’s proposed revisions to electronic date reporting requirements would change its responsibilities at any establishments?
Is the organization preparing to transition its ITA account and reporting procedures to use Login.gov?