Clarification on OSHA’s Electronic Filing Requirements

Last week, we reported that a new OSHA rule had rescinded the electronic filing requirement only as it relates to certain, large employers (those with 250 or more employees) with respect to Forms 300 and 301. In response, several Employers Council members asked whether the electronic filing requirement still applies to other forms. The OSHA electronic filing requirement still applies to Form 300A. The reason for the rescission of the requirement for Forms 300 and 301 is that these forms, unlike Form 300A, contain detailed information about employees, including their names, job titles, and descriptions of injuries. OSHA, and employers in commenting on the requirement, expressed concern that electronic submission of such detailed information may create a risk for data privacy purposes.

For more information on OSHA reporting requirements, please contact your assigned staff representative.