In a change that was largely expected, the Department of Labor published a proposed change to their Electronic Reporting Rule that requires large employers and smaller employers in certain high risk segments to report OSHA 300 data. The changes would rescind the previous requirement that the larger employers (over 250 employees) had to submit OSHA 300 form information as well as OSHA 300A (summary) data.

Assuming the changes become final in a few weeks, the larger employers and small employers would only have to submit the Summary 300A data. The concern is that the OSHA 300 data contains information that could potentially reveal sensitive personally identifiable information as well as potential information as to the extent and treatment of an injury that could be interpreted as a HIPPA rule problem.

The proposed change does NOT address concerns of some about the publishing of the 300A data that could be used against employers or the anti-retaliation provisions that essentially make certain types of post-accident drug screening as well as some safety incentive programs illegal. We will have to wait and see if there are more changes to the rules but if you have over 20 Employees you will need to be prepared to submit your 2018 by March of 2019.

Stay Tuned