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OSHA To Cite Employers for Injury Reporting Failures

Posted on 4/7/2022 by Roger Marks

OSHA has a new plan to enforce the responsibility of some employers to report workplace injuries and illnesses.

OSHA regulations in 29 CFR Part 1904 require employers to record certain workplace and illnesses when they occur. In addition, some employers must submit a summary of injury and illness data (Form 300A) to OSHA annually. Covered employers must submit reports electronically through OSHA’s Injury Tracking Application or ITA by March 2 each year.

New OSHA Enforcement Strategy

When OSHA begins a new inspection this year, the agency will check a list to determine if the employer “may have failed to submit their CY 2021 Form 300A.” If yes, OSHA will cite the employer for failure to report. OSHA has six months to cite an employer for failure to submit injury and illness data (i.e., until September).

[OSHA Trade Release. April 5, 2022]

A Government Accountability Office (GAO) report released last year found that more than half of covered employers fail to report injury and illness data as required by 29 CFR 1904.

Who Must Report Injury/Illness Data?

Under current OSHA regulations in 29 CFR 1904.41, the following establishments must submit an annual summary of workplace injuries and illnesses (OSHA Form 300A):
  • Establishments with 250 or more employees that are required to keep OSHA injury and illness records (i.e., are not partially exempt per 29 CFR 1904.2); and
  • Establishments with 20—249 employees in certain high-risk industries.
On March 30, 2022, OSHA proposed a rule to revise the injury and illness reporting requirements for employers.

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