Injury and Illness Reporting Change for "High-Hazard" Industries
On July 17, 2023, the Department of Labor (the “D.O.L.”) announced it would be implementing a final rule (29 C.F.R. § 1904.41(a)(2)) on January 1, 2024, which changes the injury and illness reporting requirements for certain businesses in “high-hazard” industries which includes businesses such as farming operations, textile manufacturers, construction material manufacturers, motor vehicle manufacturers, food & beverage wholesalers, trucking and transportation operators, medical care facilities, and sports and entertainment companies to name just a few.
The rule contains a list of industries the D.O.L. considers “high-hazard” for companies with 100 or more employees, which can be found on page 317 at this link: 2023-15091.pdf (federalregister.gov). The new rule only introduces two changes, but it is essential to know what the changes are in order to ensure compliance.
Beginning January 1, 2024, businesses with 100 or more employees that are in “high-hazard” industries will be required to electronically submit information from their OSHA Form 300: Log of Work-Related Injuries and Illnesses, and OSHA Form 301: Injury and Illness Incident Report to OSHA or OSHA’s designee. Both forms must be submitted annually, for the previous calendar year, by March 2. This rule only applies to companies that had at least 100 employees in the calendar year before the forms are due. Along with the foregoing forms, businesses must electronically submit OSHA Form 300A: Summary of Work-Related Injuries and Illnesses to OSHA or OSHA’s designee once a year, for the previous calendar year, by March 2.
The final rule retains the current requirements for electronic submission of information from Form 300A from establishments with 20-249 employees in certain “high-hazard” industries ( and from establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records.
The last change the final rule implements is that companies must use their legal company name on all electronic submissions to OSHA regarding injury and illness reports.
Please feel free to contact a member of our Labor and Employment group listed below with any questions about the implementation of this rule.