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OSHA electronic injury and illness data due by Dec. 31

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Employers required to comply with the U.S. Occupational Safety and Health Administration’s electronic record-keeping rule will have until midnight on Dec. 31 to submit their 2016 injury and illness data on the agency’s injury tracking application to avoid any enforcement action by the agency.  

The Improve Tracking of Workplace Injuries and Illnesses rule, as the rule is formally known, requires certain employers to electronically submit injury and illness data they already are required to record via their on-site OSHA injury and illness forms. Establishments with 250 or more employees in industries covered by the record-keeping regulation — as well as those with 20 to 249 employees in high-risk industries such as agriculture, forestry, construction and manufacturing — must submit information on their injuries and illnesses.

OSHA will not take enforcement action against those employers who submit their reports after the Dec. 15 deadline, but before the Dec. 31 final entry date, the agency said in a statement Monday. Starting Jan. 1, the application will no longer accept the 2016 data.

“We have closely tracked the Trump Administration’s treatment of OSHA’s new e-recordkeeping and anti-retaliation rule, and while there have been plenty of signals that this rule is due for an overhaul, or even possibly to be rescinded entirely, no such action was taken to interfere with the first required data submission, other than to extend the deadline from this summer to Dec. 15 and now to Dec. 31 for all intents and purposes,” Eric Conn, founding partner, Conn Maciel Carey L.L.P., based in Washington, D.C., said in an email alert Monday.  

“Therefore, if employers missed the deadline, they should immediately evaluate whether the rule applies to any or all of their workplaces, get familiar with and set up an account in OSHA’s injury tracking application and submit covered injury data (i.e., their 2016 OSHA 300A Annual Summary data) by Dec. 31,” he added.