Risk & Business Magazine Spectrum Insurance Magazine Summer 2018 | Page 31

COMPLIANCE BULLETIN
HIGHLIGHTS
The first reports were due by Dec. 31, 2017.
The Occupational Safety and Health
Administration (OSHA) estimates that only
about 44 percent of expected reports were
actually filed in 2017.
Noncompliant establishments can avoid
some enforcement actions if certain
conditions are met.
IMPORTANT DATES
December 31, 2017
This was the deadline for submitting
electronic reports to OSHA from the 2016
300A forms.
February 21, 2018
OSHA instructs field officers on how to cite
noncompliant establishments.
OVERVIEW
In 2016, OSHA issued a final rule that
requires certain establishments to report
information from their injury and illness
records to OSHA electronically. Under the
rule, the first electronic reports were due
through the Injury Tracking Application
(ITA) by Dec. 31, 2017.
However, not every affected establishment
submitted these electronic reports, and
on Feb. 21, 2018, OSHA issued guidance
ACTION STEPS
Employers should determine whether any
of their affected establishments:
•
•
•
•
Failing to submit, but immediate abatement
(correction of problem)
Failing to submit 2016 data, but
establishment has already submitted 2017
data through ITA
EXEMPTIONS
Have submitted their 2016 data as
required;
However, OSHA has also instructed their
field officers to mitigate enforcement
decisions for establishments that can
produce evidence that they tried to comply
with the electronic requirement, but were
not able to do so because of technical
difficulties.
Can provide a paper copy of their 2016
data upon request;
Documented any failures to submit
electronic reports as required; and
Are ready to or have already submitted
their 2017 data through the ITA.
The table below shows the conditions
establishments must meet in order to avoid
citations for failing to submit electronic
reports on their OSHA 300A forms.
NONCOMPLIANCE PENALTIES
OSHA was expecting about 350,000
electronic reports by Dec. 31, 2017.
However, a report submitted to Bloomberg
shows that only a little over 153,600
reports were actually submitted. This
represents roughly only a 44 percent
compliance rate, assuming that OSHA’s
expectation was an accurate representation
of establishments that were actually
affected by the final rule.
An other-than-serious violation and an
appropriate penalty amount will be issued
to any establishment that cannot use
any of the exemptions mentioned above.
Employers would do well to note that an
other-than-serious violation on record
might count against their compliance
record even if no penalty amount is
assigned to it. +
Establishments that failed to submit their
EXEMPTION
Honest attempt to comply with rule, but
encountered technical difficulties
reports are subject to an “other-than-
serious” violation. As of 2018, a single
other-than-serious violation can be up to
$12,934. However, OSHA’s enforcement
instructions also authorize field officers
to perform full recordkeeping audits for
noncomplying establishments. Additional
auditing can lead to more citations for
systematic recordkeeping issues.
to its field inspectors on how to enforce
compliance with this requirement. This
Compliance Bulletin presents an overview
of how OSHA is planning to enforce
compliance with its electronic reporting
requirement.
REQUIREMENTS
• Must provide evidence of attempt to
comply
• Can include email correspondence with
OSHA help desk or OSHA federal/local
office
• Establishment immediately abates
during inspection with a paper copy of
the records
•
Provide proof that 2017 data has been
submitted
OUTCOME IF CRITERIA IS MET
•
•
Officer will collect 2016 OSHA records
Officer will not cite establishment
• Officer will issue other-than-serious
citation
• No penalty amount assigned to citation
• Officer will issue other-than-serious
citation
• No penalty amount assigned to citation
This Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.
© 2018 Zywave, Inc. All rights reserved. JPA 3/18
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