U.S. Department of Labor Fixes Error Dating to 2016 Implementation of ‘Improve Tracking of Workplace Injuries and Illnesses’ Regulation

Washington, D.C. (May 3, 2018)—Following a review of the requirements put in place in 2016 regarding the “Improve Tracking of Workplace Injuries and Illnesses” regulation, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has taken action to correct an error that was made with regard to implementing the final rule.

OSHA determined that Section 18(c)(7) of the Occupational Safety and Health Act, and relevant OSHA regulations pertaining to State Plans, require all affected employers to submit injury and illness data in the Injury Tracking Application (ITA) online portal, even if the employer is covered by a State Plan that has not completed adoption of their own state rule. 

OSHA immediately notified State Plans and informed them that for calendar year 2017, all employers covered by State Plans will be expected to comply. An employer covered by a State Plan that has not completed adoption of a state rule, must provide Form 300A data for calendar year 2017. Employers are required to submit their data by July 1, 2018. There will be no retroactive requirement for employers covered by State Plans that have not adopted a state rule to submit data for calendar year 2016.

A notice has been posted on the ITA website and related OSHA webpages informing stakeholders of the corrective action.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit osha.gov.