OSHA requires certain employers to electronically submit workplace injury and illness information to the agency through its Injury Tracking Application (ITA) every year. On July 17, 2023, OSHA announced a final rule that requires certain employers in designated high-hazard industries to electronically submit additional injury and illness information. This additional information can be gathered from records that employers are already required to keep.
The final rule becomes effective on Jan. 1, 2024. The ITA will begin accepting 2023 injury and illness data on Jan. 2, 2024.
July 17, 2023 – OSHA announced a final rule to require certain employers in designated high-hazard industries to electronically submit injury and illness information.
July 21, 2023 – The new rule will be published in the Federal Register.
Jan. 1, 2024 – Effective date for the final rule for designated high-hazard industries.
Injury and Illness Submission Expansion Overview
Under this OSHA final rule, establishments in certain high-hazard industries must electronically submit information from their Log of Work-Related Injuries and Illnesses and their Injury and Illness Incident Report.
The final rule includes the following submission requirements:
- Certain establishments must electronically submit detailed information about each recordable injury and illness entered on their previous calendar year’s OSHA 300 Log and 301 Incident Report forms (29 CFR 1904.41) to OSHA. This includes the date, physical location, and severity of the injury or illness; details about the worker who was injured; and details about how the injury or illness occurred;
- Only establishments with 100 or more employees in designated industries are required to submit case-specific information from the OSHA Form 300 Log and the OSHA Form 301 Incident Report; and
- The data must be electronically submitted through OSHA’s ITA. Establishments are also required to include their legal company name when making electronic submissions to OSHA from their injury and illness records to improve data quality.
The final rule retains the current requirements for electronic submission of Form 300A information from establishments with 20-249 employees in certain high-hazard industries and establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records.
Some of the data collected on the OSHA website will be published to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers and the general public to use information about a company’s workplace safety and health record to make informed decisions. OSHA stated that it believes that providing public access to the data will ultimately reduce occupational injuries and illnesses.
Designated Industries
Establishments with 100 or more employees in designated industries are required to submit case-specific information from the OSHA Form 300 Log and the OSHA Form 301 Incident Report. Establishments that had a peak employment of 100 or more employees during the previous calendar year meet this size criteria.
The designated industries are listed in Appendix B to Subpart E of 29 C.F.R. Part 1904 under their North American Industry Classification System (NAICS) code. The final Appendix B to Subpart E is as follows from the final rule in the Federal Register:
NAICS |
Industry |
1111 |
Oilseed and Grain Farming |
1112 |
Vegetable and Melon Farming |
1113 |
Fruit and Tree Nut Farming |
1114 |
Greenhouse, Nursery and Floriculture Production |
1119 |
Other Crop Farming |
1121 |
Cattle Ranching and Farming |
1122 |
Hog and Pig Farming |
1123 |
Poultry and Egg Production |
1129 |
Other Animal Production |
1133 |
Logging |
1141 |
Fishing |
1142 |
Hunting and Trapping |
1151 |
Support Activities for Crop Production |
1152 |
Support Activities for Animal Production |
1153 |
Support Activities for Forestry |
2213 |
Water, Sewage and Other Systems |
2381 |
Foundation, Structure and Building Exterior Contractors |
3111 |
Animal Food Manufacturing |
3113 |
Sugar and Confectionery Product Manufacturing |
3114 |
Fruit and Vegetable Preserving and Specialty Food Manufacturing |
3115 |
Dairy Product Manufacturing |
3116 |
Animal Slaughtering and Processing |
3117 |
Seafood Product Preparation and Packaging |
3118 |
Bakeries and Tortilla Manufacturing |
3119 |
Other Food Manufacturing |
3121 |
Beverage Manufacturing |
3161 |
Leather and Hide Tanning and Finishing |
3162 |
Footwear Manufacturing |
3211 |
Sawmills and Wood Preservation |
3212 |
Veneer, Plywood and Engineered Wood Product Manufacturing |
3219 |
Other Wood Product Manufacturing |
3261 |
Plastics Product Manufacturing |
3262 |
Rubber Product Manufacturing |
3271 |
Clay Product and Refractory Manufacturing |
3272 |
Glass and Glass Product Manufacturing |
3273 |
Cement and Concrete Product Manufacturing |
3279 |
Other Nonmetallic Mineral Product Manufacturing |
3312 |
Steel Product Manufacturing from Purchased Steel |
3314 |
Nonferrous Metal (Except Aluminum) Production and Processing |
3315 |
Foundries |
3321 |
Forging and Stamping |
3323 |
Architectural and Structural Metals Manufacturing |
3324 |
Boiler, Tank and Shipping Container Manufacturing |
3325 |
Hardware Manufacturing |
3326 |
Spring and Wire Product Manufacturing |
3327 |
Machine Shops; Turned Product; and Screw, Nut and Bolt Manufacturing |
3328 |
Coating, Engraving, Heat Treating and Allied Activities |
3331 |
Agriculture, Construction and Mining Machinery Manufacturing |
3335 |
Metalworking Machinery Manufacturing |
3361 |
Motor Vehicle Manufacturing |
3362 |
Motor Vehicle Body and Trailer Manufacturing |
3363 |
Motor Vehicle Parts Manufacturing |
3366 |
Ship and Boat Building |
3371 |
Household and Institutional Furniture and Kitchen Cabinet Manufacturing |
3372 |
Office Furniture (Including Fixtures) Manufacturing |
3379 |
Other Furniture-related Product Manufacturing |
4231 |
Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers |
4233 |
Lumber and Other Construction Materials Merchant Wholesalers |
4235 |
Metal and Mineral (Except Petroleum) Merchant Wholesalers |
4239 |
Miscellaneous Durable Goods Merchant Wholesalers |
4244 |
Grocery and Related Product Merchant Wholesalers |
4248 |
Beer, Wine and Distilled Alcoholic Beverage Merchant Wholesalers |
4413 |
Automotive Parts, Accessories and Tire Stores |
4422 |
Home Furnishings Stores |
4441 |
Building Material and Supplies Dealers |
4442 |
Lawn and Garden Equipment and Supplies Stores |
4451 |
Grocery Stores |
4522 |
Department Stores |
4523 |
General Merchandise Stores, Including Warehouse Clubs and Supercenters |
4533 |
Used Merchandise Stores |
4543 |
Direct Selling Establishments |
4811 |
Scheduled Air Transportation |
4841 |
General Freight Trucking |
4842 |
Specialized Freight Trucking |
4851 |
Urban Transit Systems |
4852 |
Interurban and Rural Bus Transportation |
4853 |
Taxi and Limousine Service |
4854 |
School and Employee Bus Transportation |
4859 |
Other Transit and Ground Passenger Transportation |
4871 |
Scenic and Sightseeing Transportation, Land |
4881 |
Support Activities for Air Transportation |
4883 |
Support Activities for Water Transportation |
4889 |
Other Support Activities for Transportation |
4911 |
Postal Service |
4921 |
Couriers and Express Delivery Services |
4931 |
Warehousing and Storage |
5322 |
Consumer Goods Rental |
5621 |
Waste Collection |
5622 |
Waste Treatment and Disposal |
6219 |
Other Ambulatory Health Care Services |
6221 |
General Medical and Surgical Hospitals |
6222 |
Psychiatric and Substance Abuse Hospitals |
6223 |
Specialty (Except Psychiatric and Substance Abuse) Hospitals |
6231 |
Nursing Care Facilities (Skilled Nursing Facilities) |
6232 |
Residential Intellectual and Developmental Disability, Mental Health and Substance Abuse Facilities |
6233 |
Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly |
6239 |
Other Residential Care Facilities |
6243 |
Vocational Rehabilitation Services |
7111 |
Performing Arts Companies |
7112 |
Spectator Sports |
7131 |
Amusement Parks and Arcades |
7211 |
Traveler Accommodation |
7212 |
RV (Recreational Vehicle) Parks and Recreational Camps |
7223 |
Special Food Services |
One way to determine if an establishment(s) is required to report these data is by using OSHA’s ITA Coverage Application. The requirements apply to establishments covered by Federal OSHA, as well as establishments covered by states with their own occupational safety and health programs (i.e., State Plans).
Electronically Data Submission
Required data submissions must be electronically submitted through OSHA’s ITA. To comply with this requirement, employers may:
- Use the webform on the ITA;
- Submit a comma-separated value file to the ITA; or
- Use an application programming interface feed.
-
The due date to complete this submission is March 2, 2024. The submission requirement is annual, and the deadline for timely submission of the previous year’s injury and illness data will be on March 2 of each year.
Benefits of the New Requirements
Other than providing public access to injury information, the access to establishment-specific, case-specific injury and illness data will help OSHA identify establishments with specific hazards.
This will enable OSHA to interact directly with these establishments through enforcement and/or outreach activities to address and abate the hazards and improve worker safety and health. These same data will also allow OSHA to better analyze injury trends related to specific industries, processes or hazards.
OSHA is of the opinion that the collection and publication of data from Forms 300 and 301 will not only increase the amount of information available for analysis but will also result in more accurate statistics regarding work-related injuries and illnesses, including more detailed statistics on injuries and illnesses for specific occupations and industries.
Employer Next Steps
Employers should review the requirements in the final rule to understand whether they are in a designated industry and to understand any new regulatory requirements. Affected employers should update and implement related compliance policies and procedures by Jan. 1, 2024.
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