Another Low Employer Response Rate on Electronic Submission of 300A Forms

Employers required to maintain injury and illness records were to submit their 2017 annual summary of workplace injury and illnesses, Occupational Safety and Health Administration (OSHA) 300A Form, by July 1, 2018. This includes hospitals and other healthcare facilities with over 250 employees. OSHA had expected an estimated 460,192 employers to file the 300A Form by the July 1 date; however only 248,884 had filed by August 3, a month after the actual deadline. Possible reasons to explain this 54% response rate include:

  • Confusion among employers as to who is legally obligated to file and what documents are to be filed.
  • The risk of repercussions for employers who fail to report is slight – OSHA can only cite for alleged violations less than six months old, and when the agency has cited employers for such violations, the classification is typically other than serious.
  • Employers would prefer to risk being issued a citation for failing to report rather than reporting and giving OSHA data which could be used against them at a later date.

OSHA experienced similarly low electronic submissions last December (2017) when the first reporting of the 300A by employers was due. OSHA found that nearly one-third of expected employers failed to submit the 300A Form. In response, OSHA announced it would engage in greater outreach to inform and educate employers of their mandatory obligation to submit the 300A Form. OSHA has also indicated it would conduct a mass mailing outreach to employers who did not submit their 300A forms to inform them of their obligations under the regulation.

Please be aware that employers who are required to submit their 300A Forms but have failed to do so are subject to a citation and a penalty until January 1, 2019, which is the duration of the six-month statute of limitation for OSHA to issue such citations.

Information provided by Stephen Burt, BS, MFA