Call Our Free Helpline Now 888-500-8469

California Legal News

OSHA Delays July 1 Start to Electronic Workplace Injury Recordkeeping Rule

Posted by Eric Kingsley | May 23, 2017 | 0 Comments

On May 17, the Labor Department announced that employers do not have to file workplace injury and illness information online with OSHA by the July 1 filing deadline.  

Osha workplace injury reporting

The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) last week suspended a recent rule change requiring companies to electronically report their workplace injury and illness records. As we reported (here), on May 11, 2016, OSHA issued a final rule requiring certain employers to submit workplace injury and illness information electronically. The rule, which took effect at the beginning of 2017, had obligated covered employers to send in their summary data electronically no later than July 1. The information being collected was not due to change, just the method of reporting since employers already submit workplace safety information to OSHA. The new rule will make workplace safety data publicly available on OSHA's website so that interested parties can search and download the data.

Proposed Reporting Requirements

Employers should be reminded that the electronic recordkeeping rule would not have created new obligations in terms of reporting. Those employers covered by the new rule would have been asked to simply use data from their OSHA Forms 300, 300A, and 301 when using the electronic reporting method. The biggest impact, however, would be OSHA having the ability to electronically post workplace injury and illness data on its website from all workplaces with 20 or more employees.  Submission was to be phased in based on employer establishment size and industry.

Next Steps Uncertain

First, a new deadline has not been announced and OSHA has not offered a formal reason for the postponement. Second, although the filing deadline is just six weeks away, it is telling that the agency had not yet even provided the online portal for employers to begin collecting and submitting required information. Third, now that the new Labor Secretary Alexander Acosta is in position, he must designate a new OSHA Director. Further, the new rules do not come without controversy as employers in high-risk industries oppose making the information publicly available for consumption by unions, plaintiffs' attorneys, and others. On the flip side, unions and other worker advocacy groups have threatened legal challenges to force OSHA to meet the July 2017 implementation date.

California Employment Law

Kingsley & Kingsley will continue to track OSHA's Workplace Injury and Illness Reporting Rules as Labor Secretary Acosta implements changes. In the meantime, don't hesitate to contact leading California employment lawyers at Kingsley & Kingsley with questions by calling the toll free number(888) 500-8469 or clicking here to contact us regarding your case.

About the Author

Eric Kingsley

In practice since 1996, the firm's lawyer and co-founder, Eric B. Kingsley, has litigated complex cases and written numerous appeals in state and federal courts on behalf of the California law firm Kingsley & Kingsley, including More than 150 collective actions. Mr. Kingsley focuses his practice ...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

We Hold Employers Accountable - Get Help Now

At Kingsley & Kingsley, we understand that you need help with your employment case now. A legal professional at our Los Angeles law firm can speak with you for a free initial consultation to help you with your situation. We also take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation. Call 888-500-8469