By March 2, 2019, the following establishments - if currently required to comply with OSHA's recordkeeping requirements - are required to electronically submit data from their 2018 Forms 300A to OSHA:
- Establishments with 250 or more employees; and
- Establishments in certain designated industries with 20-249 employees.
The following are helpful FAQs on this electronic recordkeeping requirement.
Who is currently required by OSHA to keep records?
Companies with more than 10 employees at any time during the last calendar year must keep complete OSHA Forms 300, 301, and 300A annually unless they are classified as a partially exempt industry. Notable partially exempt industries include:
- Retailers - including clothing, shoe, jewelry, sporting goods, and office supply retailers
- Physicians' and dentists' offices
- Full-service restaurants
- Child day care services
- Religious organizations
Click here for a list of partially exempted industries, arranged by North American Industry Classification System (NAICS) code.
What is an "establishment"?
An establishment is a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location - such as construction, transportation, communications, electric, gas, and sanitation activities- the establishment is represented by a main or branch office, terminal, or station that either supervises such activities or is the base from which personnel carry out these activities.
Normally, one business location has only one establishment. Under limited conditions, the employer may consider two or more separate businesses that share a single location to be separate establishments. However, an employer may divide one location into two or more establishments only when:
- Each of the establishments represents a distinctly separate business;
- Each business is engaged in a different economic activity;
- No one industry description in the Standard Industrial Classification Manual (1987) applies to the joint activities of the establishments; and
- Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.
In addition, an establishment can include more than one physical location only if:
- The employer operates the locations as a single business operation under common management;
- The locations are all located in close proximity to each other; and
- The employer keeps one set of business records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information.
For example, one manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.
Who is an "employee"?
Each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.
What is Form 300A?
OSHA Form 300A is an end-of-year form that summarizes:
- The number of cases recorded on OSHA Form 300;
- The total number of days away from work and number of days of job transfer or restriction recorded on OSHA Form 300; and
- The total number of injuries, skin disorders, respiratory conditions, poisonings, hearing losses, and all other illnesses recorded on OSHA Form 300.
How do I submit information to OSHA?
Information must be submitted via OSHA's online Injury Tracking Application (ITA).
What information am I required to submit?
The following information from an establishment's 2018 Form 300A is required by the ITA:
- Annual average number of employees
- Total hours worked by all employees last year
- Total number of deaths
- Total number of cases with days away from work
- Total number of cases with job transfer or restriction
- Total number of other recordable cases
- Total number of days away from work
- Total number of days of job transfer or restriction
- Information about injury and illness types, including type and number
Is March 2, 2019 the deadline for establishments in every state?
This blog post is not intended to be exhaustive nor should any discussions or opinions be construed as legal advice - it is intended for educational and/or informational purposes only.