California employers are required to electronically submit Form 300A for 2017—an annual summary of work-related injuries and illnesses—to federal Occupational Safety and Health Administration (OSHA) by December 31, 2018.
Who Needs to Comply
- Employers with 250 or more employees, unless exempted by section 14300.2 of title 8 of the California Code of Regulations.
- Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.
These employers should follow the instructions posted at federal OSHA’s Injury Tracking Application (ITA) website. The electronic submission requirements—along with the incorporation of an existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses—have been added to federal OSHA’s recording and reporting regulations in the Code of Federal Regulations, title 29, part 1904.
The approved emergency regulation follows several OSHA trade release notices that occurred throughout the year pertaining to injury and illness tracking and reporting updates:
- On April 30, 2018, federal OSHA posted a trade release requiring all affected employers to submit injury and illness data in the federal OSHA Injury Tracking Application (ITA) online portal, even if the employer was covered by a state plan that had not completed adoption of their own state rule. Therefore, even though California had not yet adopted its own state rule, Cal/OSHA advised affected employers to comply with federal OSHA’s directive to provide Form 300A data covering calendar year 2017 by July 1, 2018.
- On July 27, 2018, federal OSHA posted a trade release that it proposes to amend its recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). These establishments will continue to be required to submit information from their Form 300A (Summary of Work-Related Injuries and Illnesses) covering the previous calendar year.
- On October 18, 2018, Cal/OSHA issued an amended notice of proposed emergency action to amend sections 14300.35 and 14300.41 of title 8 of the California Code of Regulations. The purpose of the amendments is to conform California’s recordkeeping requirements to the federal OSHA program.
- On November 1, 2018, the Office of Administrative Law approved the emergency action. This means that required employers in California described at the start of this article need to submit Form 300A data covering calendar year 2017 by Dec. 31, 2018.