Effective January 1, 2024, the Occupational Safety and Health Administration (OSHA) will require certain employers to submit their OSHA 300 Log and 301 Incident Forms electronically through an Injury Tracking Application (ITA). OSHA previously required many employers to maintain illness and injury logs, as well as post a summary each year in their place of work between February 1 and April 30. The new rule clarifies impacted employers, revises certain OSHA forms and appendixes, and notates that this information will be made available to the public.
- Establishments with 100 or more employees in high-hazard industries outlined in Appendix B will be required to submit information electronically
- The rule does not impact the previous requirement for establishments with 20 to 249 employees in certain industries outlined in Appendix A to electronically submit their information annually
- Additionally, the rule maintains the requirement for employers with 250 or more employees to annually submit their information
- Establishments can submit an ITA Coverage Application to confirm whether they are required to submit their information electronically
Form and Appendix Updates
- Forms 300 and 301: OSHA will not require employee names or addresses, names of health care professionals, or names and addresses of facilities when treatment is provided away from the worksite
- Appendix A: OSHA will be updating NAICS codes used in Appendix A that designates the industries required to submit their Form 300A data
- Appendix B: OSHA is adding an appendix B, to designate the industries required to submit Form 300 and Form 301 data
Establishments will be required to include their legal company name when making electronic submissions to OSHA. Establishments may begin submitting their 2023 injury and illness data on January 2, 2024, and must complete by the March 2, 2024, deadline. Establishments may choose to submit their data to the ITA portal via webform, csv file, or an application programming interface (API) feed.
OSHA intends to publish the data on a public website after redacting information that could identify individuals such as:
- Workers names and addresses
- Using birth dates to convert to age, then removing birth dates altogether
- Withholding age, gender, hire date, and whether the worker was treated in an emergency room and/or hospitalized overnight as an in-patient
- Utilizing automated information technology to remove any further information that may identify workers
- Reminding employers to not submit information that could directly identify workers (names, addresses, telephone numbers, etc.)
Employer Next Steps
We have summarized key steps employers should take to comply with this notice.
- Employers may review the ITA Coverage Application to confirm whether they are required to electronically submit their injury and illness information to OSHA
- Impacted employers should begin or continue tracking injury and illness data and prepare their submission no later than March 2, 2024, and annually thereafter
- Employers may review OSHA’s Job Aids or “How-to” on the Injury Tracking Application portal
If you have any questions regarding this HR-Alert, please email us.
This content is provided with the understanding that Hilb Group is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice.