OSHA Delays Electronic Reporting to Dec. 15, 2017

OVERVIEW

The Occupational Safety and Health Administration’s (OSHA) electronic reporting rule requires certain establishments to report information electronically from their OSHA Forms 300, 300A and 301. Under the rule, the first electronic reports were due on July 1, 2017.

However, on Nov. 24, 2017, OSHA issued a new final rule officially delaying the first electronic reporting deadline to Dec. 15, 2017. Affected establishments will need to submit their reports through the Injury Tracking Application (ITA) website by that time or face possible OSHA penalties.

ACTION STEPS

  • Affected establishments must create an account on the ITA website and submit information from their 2016 OSHA 300A form by December 15, 2017.
  • Other deadlines under the electronic reporting rule remain unaltered. Therefore, affected establishments should begin their preparations to submit information from all 2017 OSHA forms by July 1, 2018.

OSHA’s electronic reporting rule affects establishments that:

  • Are already required to create and maintain OSHA injury and illness records and have 250 or more employees;
  • Have between 20 and 249 employees and belong to a high-risk industry; and
  • Receive a specific request from OSHA to create, maintain and submit electronic records, even if they would otherwise be exempt from OSHA recordkeeping requirements.

The electronic reporting rule applies to establishments, not employers. An employer may have several worksites or establishments. In these situations, some establishments may be affected while others are not.

To determine whether an establishment is affected, employers must determine each establishment’s peak employment during the calendar year. During this determination, employers must count every individual that worked at that establishment, regardless of whether he or she worked full-time, part-time, or was a temporary or seasonal worker.

Finally, a firm with more than one establishment may submit establishment-specific data for multiple establishments.

Reporting Requirements


The data an employer must submit and the timeline for submitting this information to OSHA depends on the establishment size.

Establishments with 250 or more employees will be required to submit information from their OSHA Forms 300A, 300 and 301. However, in 2017, these establishments will only be required to submit data from their 300A Form. Establishments in high-risk industries with between 20 and 249 employees will be required to submit information only from their OSHA Form 300A.

For the first reporting year, the deadline has been delayed to Dec. 15, 2017. However, the final rule that delayed the first deadline did not alter subsequent deadlines, so reporting deadlines for 2018, 2019 and beyond remain as shown in the table above.

Submitting the Report

The ITA is a secure website that OSHA created specifically for the data required by the electronic reporting rule. The ITA allows employers three options to submit their reports:

  1. Manual entry;
  2. Comma-separated value (CSV) file upload; and
  3. Application programming interface (API) transmission.

The ITA offers affected establishment instructions and sample files and templates to help them complete the submission process.

OSHA-approved State Plans

The final rule required OSHA-approved State Plans to adopt the electronic rule or “substantially identical” requirements within six months of the final rule’s publication date. The final rule was published on May 12, 2016. This means that OSHA-approved State Plans have the authority to adopt reporting requirements that go above and beyond what is required by the federal rule. For this reason, establishments located in OSHA-approved State Plan jurisdictions should consult with their local OSHA offices to make sure they are satisfying all electronic reporting requirements.

However, the following OSHA-approved State Plans have not yet adopted the requirement to submit injury and illness reports electronically:

Similarly, state and local government establishments in IL, ME, NJ and NY are not currently required to submit their data through the reporting website.

More Information

Contact Hierl Insurance Inc. or visit the OSHA tracking of workplace injuries and illnesses webpage for more information regarding electronic reporting.

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Compliance Overview: Electronic Logging Devices

In this month's compliance overview, we're going to take a look at the final rule on electronic logging devices for commercial motor vehicles.


On Dec. 16, 2015, the Federal Motor Carrier Safety Association (FMCSA) published a final rule for electronic logging devices (ELDs) for commercial motor vehicles (CMVs). The final rule prohibits certain drivers from operating a CMV without an ELD.

The final rule also includes requirements regarding supporting documentation for hours-of-service (HOS) records and measures to prevent driver harassment that could result from the mandatory use of ELDs.

The FMCSA has released Frequently Asked Questions (FAQs) to provide plain language information regarding the ELD rule. This Compliance Bulletin contains the FAQs provided by the FMCSA.

Get the Full Compliance Overview


Compliance Bulletin: Newly Adopted Wage Equity Laws

OVERVIEW

In an effort to close the wage gap that exists between male and female employees, a number of states and major cities have recently adopted wage equity and salary history laws. According to the Bureau of Labor Statistics, in 2016, the average female employee earned 80 cents for every dollar a man received during the same period. Statistics suggest the gap may be even greater for ethnic or racial minority employees. When applicable, employers must comply with their state and local laws in addition to the Federal Equal Pay Act. When both federal and local laws differ, the law that provides the greater protection or benefit to the employee applies.

ACTION STEPS FOR EMPLOYERS

Affected employers should:

  • Eliminate prohibited salary history inquiries.
  • Update job applications and other employment forms to comply with pay equity laws.
  • Train recruiters and hiring managers regarding applicable pay equity laws.

 

State Laws

New York City

Effective date: Oct. 1, 2017

An amendment to the New York City Human Rights Law prohibits employers from inquiring into a candidate’s salary history as an unlawful discriminatory practice.

Covered Employers: New York City employers and employment agencies with four or more employees. Individuals employed by a parent, spouse or child, and individuals engaged in domestic service are not considered employees under this amendment.

Covered Individuals: Candidates and new hires during the hiring process, except internal transfers or promotions, when public employees’ salaries are determined by collective bargaining or when disclosure of salary history is mandated by law.

Requirements: A covered employer is prohibited from inquiring about or relying on a candidate’s salary history when determining a salary offer.

Oregon

Effective dates: Salary inquiries Oct. 1, 2017

Protected classes and posting requirements Jan. 1, 2019

In addition to prohibiting salary history inquiries, the Oregon Equal Pay Act of 2017 extends pay equity protections to nine additional protected classes.

Covered Employers: All Oregon employers.

Covered Individuals: All Oregon job applicants.

Requirements: Effective Oct. 1, 2017, employers are prohibited from inquiring about an applicant’s salary history. Effective Jan. 1, 2019, employees who perform comparable work cannot be paid different pay rates based on race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

Delaware

Effective date: Dec. 1, 2017

An amendment to Title 19 of the Delaware Code prohibits employers from asking a candidate’s compensation history during the interview process.

Covered Employers: All Delaware employers and hiring agencies.

Covered Individuals: All Delaware job candidates.

Requirements: Employers are prohibited from making inquiries concerning a candidate’s compensation history, using that history to screen candidates or requiring that prior compensation satisfy minimum or maximum criteria.

Massachusetts

Effective date: July 1, 2018

The Pay Equity Act addresses equal pay for comparable work, allowable variations in wages, pay secrecy policies and using salary history in the hiring process.

Covered Employers: All Massachusetts employers.

Covered Individuals: All Massachusetts employees and candidates.

Requirements: Employers are prohibited from inquiring about or relying on a candidate’s salary history during the hiring process.

San Francisco

Effective date: July 1, 2018

The Parity in Pay Ordinance prohibits employers from making inquiries concerning a job applicant’s salary history.

Covered Employers: San Francisco employers, those contracting with the city and their agents.

Covered Individuals: All job applicants, including temporary or seasonal workers.

Requirements: Employers are prohibited from asking an applicant’s salary history. Salary history may not be considered in the hiring process or when determining a salary offer. Employers are prohibited from disclosing a current or former employee’s salary history without prior authorization, unless the information is publicly available.

 

Applicable Federal Laws

In addition to the state and local laws mentioned above, employers should be aware of the following federal laws that regulate employment discrimination and other aspects of the hiring and employment processes.

Equal Pay Act

The Equal Pay Act (EPA) requires that men and women receive equal pay for equal work.

Covered Employers and Employees: Virtually all employers and employees.

Requirements: Employers are required to pay equal pay for equal work, regardless of gender. Men and woman in substantially equal jobs, those requiring equal skill, effort, and responsibility and performed under similar conditions at the same workplace, must be paid equally.

Title VII, ADEA, ADA

Title VII, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) prohibit compensation discrimination based on race, color, religion, sex, national origin, age or disability. There is no requirement that the jobs be substantially equal.

Covered Employers and Employees: Title VII and ADA, all employers with 15 or more employees. ADEA, all employers with 20 or more employees.

Executive Order 11246

Executive Order 11246 prohibits discrimination in employment decisions based on race, color, religion, sex, sexual orientation, gender identity or national origin.

Covered Employers and Employees: Federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in government business in one year.