Electronic Submission of OSHA Form 300A

The time for electronically submitting your OSHA forms is here. OSHA forms must be posted from February 1, 2021, to April 30, 2021, in a place where employees can view them - breakrooms, time clock stations, etc. OSHA forms must be electronically uploaded for qualified employers no later than March 2, 2021.

It is time to determine if you, as an employer, are required to submit your OSHA Form 300A electronically. Under the current rule, the annual electronic submission of the OSHA Form 300A Summary is required for establishments with 250 or more employees at any point during the previous calendar year that is required to keep OSHA records. A key point to understand the definition of an establishment. OSHA defines an establishment as a single physical location where business is conducted or where services or industrial operations are performed. For more information on the definition of establishment, click here. 

OSHA’s recordkeeping regulations provide a partial exemption for employers with 10 or fewer employees unless you receive a letter from the Bureau of Labor Statistics informing you in writing that you must keep records. For more information on the partial exemption, click here.

Certain employers are also required to submit records electronically for establishments with 20 or more employees but fewer than 250 employees in certain designated industries.  29 CFR 1904.41 App A  is where the list of industries, by NAICS code, resides that fall under this requirement.

The OSHA electronic recordkeeping requirement is determined solely by an establishment assigned NAICS code. NAICS codes are assigned from information the business establishment provided on administrative, surveys or census reports when a company applied for the Employer Identification Number (EIN).  The U.S. Census Bureau assigns one NAICS code to each establishment based on the activity that generates the most revenue for the establishment. If this information has been “lost in translation” through the course of your business activities, how can you determine the correct NAICS code for your business? NAICS was designed and documented to allow business establishment to self-code. You can find these search tools at NAICS Association.

Once you have determined that your business is required to submit OSHA forms electronically, you will need to establish an Injury Tracking Application (ITA) account. The ITA launch page is located here. FAQs about ITA and how to access previously established accounts and creating multiple logins can be found on that site.

Additionally, you may find useful information related to determining the number of sets of OSHA logs a business must keep. The basic requirement from OSHA says that you must keep a separate OSHA 300 log for each establishment that is expected to be in operation for one year or longer and will have over ten employees at any point during that calendar year. Click here for a letter of interpretation issued by OSHA in 2015 on this topic.  If the worksite is a temporary location, recordkeeping rules still apply but recordable injuries would be recorded on an OSHA 300 log housed at one of the company’s main establishments.

For more information on these and other OSHA regulations, contact the AssuredPartners Energy specialists.