More than 60,000 employers submit data not required by OSHA

General confusion surrounding OSHA's electronic record-keeping rule may spell trouble for some employers that voluntarily submitted data even though they are not regulated by the rule. Although the "courtesy" submissions may seem harmless, OSHA is using the data to target enforcement activities.

In a webinar, Daniel Deacon, a Washington, D.C.-based associate in Conn Maciel Carey LLP's OSHA and labor and employment practice groups, reported that in 2017 there were 60,956 so-called out-of-scope submissions of Form 300A data, up from 52,171 in 2016. He noted confusion about the rule, misunderstanding of the thresholds for employment figures, and states that have not adopted the rule all contribute to this surprisingly high number.

According to OSHA, there is significant underreporting problem. The agency reported that more than one-third of the workplaces did not submit required reports in 2016. Under its Site Specific Targeting 2016 Program, the agency is targeting inspections of employers that should have reported, but did not. Moreover, compliance officers have been directed to review reporting records on all inspections.

March 2, 2019, was the deadline for employers to electronically report OSHA Form 300A data for calendar year 2018. The establishments covered by this requirement are specified on OSHA's Injury Tracking Application webpage.

Other reporting challenges

Although employers are getting more comfortable with the severe injury reporting rule adopted in 2015, incidents are being reported to OSHA that should not be reported. On the other hand, OSHA has issued at least 400 citations for late reporting or failure to report.The rule requires employers report the inpatient hospitalization of a single employee as well as all amputations and loss of an eye within 24 hours.

. Here are some key provisions:

• If the injury or illness resulted in the employee's death within 30 days of the incident, it is reportable to OSHA within eight hours of learning the outcome.
• If the injured worker went to the hospital, was the employee formally admitted to the inpatient service of the hospital? If yes, did they receive medical treatment (more than observation or diagnostics) after admission? If yes, reportable to OSHA within 24-hours of learning the outcome.
• Common mistakes in reporting: reporting when employee spent more than 24 hours in emergency service before being formally admitted; inpatient medical treatment was deferred for more than 24 hours; medical treatment was provided before admission to the inpatient service; not reporting inpatient first aid treatment.
• Did the injury result in a body part becoming severed from the employee's body, either during the incident or after the incident in a medical amputation? If yes, did the amputation occur within 24-hours of the work-related incident? If yes, report to OSHA within 24 hours of learning of the outcome.
• Did the injury result in loss of an eye? If yes, report to OSHA within 24-hours of learning of the outcome. Note: this does not include loss of eyesight.

Other common issues are reporting injuries that are not work related, misunderstanding when the 24-hour timeclock begins, and responding inappropriately to a rapid response letter by blaming the employee for the incident or not offering corrective actions.

The challenges of keeping up with OSHA's rules and regulations are enormous. While it's critical to strictly adhere to OSHA requirements, providing unnecessary information or not reporting when you should can lead to something you don't want...an inspection. If you need help, contact us.