The US Department of Labor’s Occupational Safety and Health Administration (OSHA) recently reminded employers to submit their 2021 injury and illness data by March 2, 2022. This data must be submitted to OSHA electronically via OSHA Form 300A.
Per the Occupational Safety and Health Act of 1970, covered employers must prepare and maintain records of occupational injuries and illnesses throughout the year. Determining which companies are considered “covered employers” can be a bit tricky, so here are some guidelines:
As a general rule, most manufacturing companies are covered employers.
Establishments that do not have to submit Form 300A data to OSHA include:
- Establishments whose peak employment during the previous calendar year was 19 or fewer
- Establishments whose industry is on this list
- Establishments that had a peak employment between 20 and 249 employees during the previous calendar year AND the establishment’s industry is not on this list
It’s important to note that this annual reporting requirement supplements the OSHA reporting requirements for fatalities and severe work-related injuries, which must be reported at the time they occur. Work related fatalities must be reported to OSHA within eight hours. Amputations, loss of an eye, and severe injuries or illnesses resulting in hospitalization must be reported within 24 hours. COVID specific rules are also in play.
Failure to comply with OSHA reporting requirements can be quite costly. In January, OSHA penalties increased over 6%. The new maximum penalty is $145,027, and failure to abate violations can result in employer penalties of up to $14,502 per day. These penalties can quickly add up because OSHA can issue a separate citation for each employee in your company.