January 12, 2017

OSHA’s Electronic Submissions & Anti-Retaliation Rule

Pinnacol Assurance - IECRM Platinum Partner

Contact: Mindy Carrothers (303.361.4790,

OSHA’s Electronic Submissions & Anti-Retaliation Rule

With the new year underway, we remind you about amendments to OSHA’s recordkeeping regulations
that became effective Jan. 1, 2017. The revised regulations require many employers to annually submit to
OSHA certain electronic injury and illness data, which will then become publicly available. The new rule
also includes anti-retaliation language that covers the entire scope of employer policies on the reporting
of workplace injuries and illnesses.
The annual electronic reporting requirements became effective on New Year’s Day, 2017, while the antiretaliation
provisions were effective much earlier, on Aug. 10, 2016.
Annual Electronic Reporting
Previously, employers covered by OSHA’s recordkeeping regulations collected and maintained injury and
illness data internally. Under the new rule, covered employers must now provide injury and illness data to
OSHA annually, and the agency intends to make the data publicly available.
The annual electronic reporting requirements apply to three categories of employers:
1. Large employers (i.e., establishments with 250 or more employees that are not exempt from
OSHA’s recordkeeping rules)
2. “High-risk” employers (i.e., establishments with 20-249 employees in certain high-risk industries)
3. Any other employers from which OSHA makes a written request for data

OSHA decreased the reporting requirement for large employers (250+) from quarterly submissions to an
annual submission. All employees working at an establishment during the previous calendar year
(including full-time, part-time, seasonal, or temporary workers) are counted.

The new reporting requirements will phase in over the next two years as follows:


Employers subject to OSHA’s recordkeeping regulations can take certain steps now to comply with the
new rules and limit citation liability:
Collect OSHA 300A forms (and 300 and 301 forms for large employers) electronically.

  • Post the newly revised OSHA poster to ensure compliance with the rule’s revised informational
  • Ensure reporting procedures (and, if applicable, any safety incentive programs) to ensure that
    such programs are reasonable and do not discourage injury and illness reporting.
  • Remind managers of anti-retaliation practices in light of the increased scrutiny employers will face
    under the revised rule. Per OSHA’s guidance, review disciplinary, incentive and drug-testing
    programs for elements that could result in retaliatory actions against employees.