The Occupational Safety and Health Administration (OSHA) has recently announced a finalized rule amending its regulations on occupational injury and illness recordkeeping. This rule mandates certain employers to submit injury and illness information electronically to OSHA, aligning with the existing recordkeeping regulation.

The specific requirements entail establishments with 100 or more employees in designated industries submitting information electronically from their OSHA Forms 300, 301, and 300A to OSHA annually. Additionally, establishments with 20 or more employees in specific industries will still be obligated to submit information electronically from their OSHA Form 300A annual summary to OSHA each year.

Originally, OSHA proposed the removal of the requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A on an annual basis. However, in response to public concerns expressed during the proposal, OSHA has retained the requirement for these establishments to submit Form 300A (Summary of Work-Related Injuries and Illnesses) electronically once a year.

As part of its finalization, OSHA has expressed its intent to post data from the annual electronic submission requirement on a public website, ensuring the removal of information that could reasonably identify individuals directly.

OSHA has compiled two lists, Appendix A and the new Appendix B. The former includes industries required to continue electronic submission of Form 300A annually with 20 or more employees. The latter outlines industries mandated by OSHA to submit Forms 300, 301, and 300A annually if they have 100 or more employees.

Notably, home health and hospice agencies are not included in either list, exempting them from OSHA's form submission requirements for establishments with fewer than 250 employees. However, OSHA's finalized decision necessitates compliance from large home health and hospice organizations, as all establishments with 250 or more employees are now obligated to electronically submit Form 300A.

This final rule will take effect on January 1, 2024.