The Occupational Safety and Health Administration (OSHA) recently published a final rule requiring certain employers in designated high-hazard industries to electronically submit injury and illness data contained in OSHA Form 300—Log of Work-Related Injuries and Illnesses and Form 301—Injury and Illness Incident Report.

The final rule retains existing requirements for electronic submission of Form 300A—Summary of Work-Related Injuries and Illnesses.

The rule appears in the July 21 Federal Register and will take effect on January 1, 2024.

Under the new rule, employers with 100 or more employees in certain industries must electronically submit information from their Forms 300 and 301 to OSHA once a year.

OSHA plans to post some of the collected information on its website. Employees and employee representatives, other employers, potential employees, current and potential customers, researchers, and the general public will be able to use information about a company’s workplace safety and health record in their decision-making, according to OSHA. The agency believes that providing public access to the data will reduce occupational injuries and illnesses.

“Congress intended for the Occupational Safety and Health Act to include reporting procedures that would provide the agency and the public with an understanding of the safety and health problems workers face, and this rule is a big step in finally realizing that objective,” Doug Parker, assistant secretary of labor for occupational safety and health, said in an agency statement.

“OSHA will use these data to intervene through strategic outreach and enforcement to reduce worker injuries and illnesses in high-hazard industries,” Parker continued. “The safety and health community will benefit from the insights this information will provide at the industry level, while workers and employers will be able to make more informed decisions about their workplace’s safety and health.” 

The electronic reporting requirement applies to industries and sectors, including those in:

• Agriculture, forestry, fishing, and hunting;
• Water, sewage, and other systems;
• Food and beverage manufacturing;
• Leather and hide tanning and finishing;
• Manufacturing;
• Wholesale and retail trade, including supermarkets and grocery stores;
• Transportation, warehousing, and storage;
• Waste services;
• Hospitals and healthcare services;
• Performing arts, sports, and amusement parks; and
• Traveler accommodations, recreational vehicle parks, and special food services.

The agency’s decision on what industries to include was based on a 3-year average of Total Case Rates (TCR) in the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses (SOII) for 2017, 2018, and 2019. Selected industries had a TCR of at least 3.5 cases per 100 full-time employees.

The agency previously established electronic filing requirements during the Obama administration but removed them during the Trump administration. On May 12, 2016, OSHA set up requirements for establishments with 250 or more employees to electronically submit information from their OSHA Forms 300, 300A, and 301. Filing deadlines were repeatedly extended, and the agency never received the electronic data submissions. On January 25, 2019, the agency removed the electronic submission requirements for Forms 300 and 301.

OSHA published a proposal March 30, 2022, to reinstate the electronic filing of Forms 300 and 301.