Jackson Kelly PLLC

Workplace Safety and Health News Alert


February 28, 2018

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 5
©2018 Jackson Kelly PLLC

On February 21, 2018, the Occupational Safety and Health Administration (“OSHA”) issued guidance on Interim Enforcement Procedures for Failure to Submit Electronic Illness and Injury Records under 29 C.F.R. § 1904.41(a)(1) and (a)(2). Employer establishments subject to OSHA recordkeeping regulation with 250 or more employees, or establishments with 20 or more employees in certain high risk industries, must submit completed OSHA Form 300A electronically. The deadline to do so for 2016 was December 15, 2017, which OSHA extended to December 31, 2017. Employers can no longer submit 2016 records.

OSHA field offices have access to the database of which employers submitted their 2016 records. Inspectors will now refer to this database at inspections to ensure that employers submitted 2016 records. OSHA will address employers that failed to provide records based upon the situation: 

If the employer attempted to submit its forms but failed due to a technical difficulty and can provide correspondence with an OSHA office to corroborate its efforts, the inspector will collect the records and issue no citation.

  • If an employer failed to submit its records, but provides a paper copy of the records immediately during the inspection, the inspector will issue an Other-Than-Serious citation with no penalty.
  • If an employer failed to submit its 2016 data, but shows that it already submitted its 2017 data, the inspector will issue an Other‑Than‑Serious citation with no penalty.
  • Inspectors will issue other employers that fail to produce records and have not filed 2017 records an Other‑Than‑Serious citation with the appropriate penalty. 

OSHA’s guidance shows that OSHA intends to enforce its electronic recordkeeping rules. Although all citations for violating the electronic recordkeeping regulation will be Other‑Than‑Serious, a failure to provide 2016 300A forms may cause OSHA to perform a full recordkeeping audit if there is evidence of potential systemic recordkeeping issues.

Denver, Colorado

Responsible Attorney
Karen L. Johnston

The Jackson Kelly PLLC Occupational Safety & Health News-Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety & Health News-Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.

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