Ensuring the safety and well-being of workers is paramount to fostering a healthy and productive work environment. Recognizing the significance of this, the U.S. Department of Labor recently announced a final rule that mandates certain employers in designated high-hazard industries to electronically submit injury and illness information to the Occupational Safety and Health Administration (OSHA). For assistance with navigating the details of the final rule, which takes effect on January 1, 2024, the key provisions to be aware of are outlined below.
Who DOES NOT have to electronically submit?
Let us start with summarizing the organizations that DO NOT have to report their information directly to OSHA:
- The establishment’s peak employment during the previous calendar year was 19 or fewer, regardless of the establishment’s industry.
- The establishment’s industry is in Appendix A to Subpart B of OSHA’s recordkeeping regulation, regardless of the size of the establishment.
- The establishment had a peak employment of between 20 and 249 employees during the previous calendar year AND the establishment’s industry is NOT on Appendix A to Subpart E of OSHA’s recordkeeping regulation.
OSHA has specifically stated that these exemptions apply “at the establishment level and not to the firm, as a whole.” Why is this important? Because an establishment is “a single physical location where business is conducted or where services or operations are performed” whereas a firm can be “one or more establishments.”
Who MUST electronically submit?
The final language of the new recordkeeping rule requires specific establishments that provide services in high-hazard industries to submit their information electronically. “High-hazard” industries include According to OSHA, the “High-hazard” establishments include, but are not limited to, manufacturing, grocery stores, agriculture, construction, transportation, warehousing, and storage, performing arts, and retail. A full list of what OSHA considers “high hazard” industries is provided in Appendix B to Subpart E of 29 CFR 1904. Note that this list is a more expansive list than in previous versions of the recordkeeping regulation.
Establishments with 100 or more employees in designated high-hazard industries are required to electronically submit information from their Form 300-Log of Work-Related Injuries and Illnesses, and Form 301-Injury and Illness Incident Report to OSHA once a year. These submissions are in addition to the submission of Form 300A-Summary of Work-Related Injuries and Illnesses that is already in effect. It is important to note that the final rule requirements apply to establishments covered by Federal OSHA as well as establishments covered by state-plan OSHA states.
How to submit the OSHA log information electronically?
OSHA maintains a secure online Injury Tracking Application (ITA) website that offers three options for data submission: manual entry into a web form, upload of a CSV file that allows for a firm to process multiple establishments at the same time, and the transmission of data electronically via an API (application programming interface). The ITA website is located at the following web address:
If you have any questions on how to submit your organization’s information, OSHA has provided answers to frequently asked questions and informational directions and videos to help employers to submit their data correctly. That supporting information is located here:
When submitting their information, employers are required to use their company’s legal name to help maintain data integrity and to facilitate data analysis and future use of the data by OSHA.
Objectives of the Final Rule
The updates to OSHA’s electronic recordkeeping reporting requirements are driven by several overarching objectives aimed at improving workplace safety and the efficacy of OSHA’s regulatory efforts.
- Timely and Accurate Incident Reporting
By transitioning to electronic reporting, the final rule seeks to expedite the submission process, ensuring that injury and illness data reaches OSHA in a timelier manner. This allows for quicker response and intervention in the case of recurring safety issues within specific industries.
- Data Standardization for Analysis
The requirement for establishments to include their legal company name in electronic submissions is a deliberate move towards standardizing the data collected. Standardized data facilitates more effective analysis, enabling OSHA to identify trends, patterns, and common risk factors across industries.
- Enhancing OSHA’s Enforcement Capacity
The electronic submission of injury and illness information empowers OSHA with a comprehensive dataset that can be leveraged to strengthen enforcement activities. By having access to a centralized electronic repository, OSHA can more effectively target inspections and interventions in industries with higher incidences of workplace injuries and illnesses.
- Fostering a Culture of Safety and Accountability
The increased transparency and accessibility of injury and illness data may contribute to fostering a culture of safety and accountability within organizations. Knowing that their safety records are subject to electronic scrutiny may incentivize employers to prioritize and invest in robust safety measures.
Closing Thoughts
The U.S. Department of Labor’s final rule mandating electronic submission of injury and illness information represents a significant step forward in the ongoing efforts to enhance workplace safety. By leveraging technology to streamline reporting processes, the rule aims to facilitate timely incident reporting, improve data quality, and empower OSHA with a comprehensive dataset for informed decision-making. While the potential benefits are substantial, addressing challenges such as data security, resource implications for small businesses, and ensuring data accuracy is crucial for the successful implementation of the mandate.
As the effective date of January 1, 2024, stakeholders must collaborate to navigate these challenges and maximize the positive impact of this regulatory initiative on the well-being of the nation’s workforce. While some employers may take issue with the electronic submission of this data, or the submission of any data to the Federal government directly, the mandate is clear – it is the law, and failure to comply may result in significant penalties, issuance of violations, and targeted inspections.
For help navigating these new recordkeeping requirements, reach out to Mariner-Gulf’s consulting professionals for assistance.
James A. Junkin, MS, CSP, SMS, ASP, CSHO is the chief executive officer of Mariner-Gulf Consulting & Services, LLC and the chair of the Veriforce Strategic Advisory Board and the chair of Professional Safety journal’s editorial review board. He is Columbia Southern University’s 2022 Safety Professional of the Year (Runner Up), a 2023 recipient of the National Association of Environmental Management’s (NAEM) 30 over 30 Award for excellence in the practice of occupational safety and health and sustainability, and a much sought after master trainer, keynote speaker, podcaster, and author of numerous articles concerning occupational safety and health.
