In a recent press release, the Occupational Safety and Health Administration (“OSHA”) announced that it is initiating an enforcement program that “identifies employers who failed to submit Form 300A data through the agency’s Injury Tracking Application (ITA).”  As many of you are aware, Form 300A is designed to provide a summary report of work-related injuries and illnesses in a given year.  OSHA’s announcement came on the heels of an OSHA enforcement memo designed to provide guidance concerning potential violations of OSHA’s “rule requiring [annual] electronic submittal of injury and illness records, 29 C.F.R. 1904.41(a)(1) and (a)(2).”

Generally speaking, OSHA’s Form 300A electronic submission requirement generally applies to establishments that: (1) “had 250 or more employees at any time during the previous calendar year”; as well as establishments that (2) “had 20 or more employees but fewer than 250 employees at any time during the previous calendar year” and are “classified in an industry listed in Appendix A” to the rule.  “Construction” is included among the listed industries.

According to OSHA’s enforcement memo, employers subject to the applicable reporting requirements were required to submit their calendar year 2021 OSHA Form 300A data electronically through OSHA’s ITA by March 2, 2022.  In its press release, OSHA confirmed that it “is committed to enforcing this important requirement and will continue to look for strategies to reach full compliance.”   OSHA also stated that it “believes that it is vital for the public to have access to illness and injury information that employers provide in their annual submissions.”  As a result, OSHA will be providing public access to injury and illness data to help “identify and mitigate workplace hazards” as well as “reduc[e] . . . occupational injuries and illnesses.”

As part of its new enforcement initiative, OSHA is examining inspection data and creating a list of “potential non-responders” (i.e., employers that may not have timely complied with their Form 300A reporting requirements).  This list will be distributed to OSHA’s Regional Coordinators on a weekly basis for review by Area Office.  Depending on the facts of each case, OSHA may inform certain potentially non-compliant employers of their reporting obligations and may also issue citations.   According to OSHA, the six-month date to issue a citation for non-compliance with the March 2, 2022 reporting deadline is September 2, 2022.

In light of these recent developments and OSHA’s increased focus on enforcement, now is likely an ideal time for employers to evaluate their compliance with applicable OSHA requirements, including OSHA reporting requirements.  Employers should consider reviewing their records to ensure that their submissions were not only timely, but accurate as well.