Federal Employment Law Update – May 2018

Federal

Electronic Submission of Injury and Illness Records to OSHA for Tracking

The federal Occupational Safety and Health Administration (OSHA) announced that establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20–249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses, must electronically submit information from their 2017 OSHA Form 300A by July 1, 2018.

Employers can view their submitted CY 2016 Form 300A summary information, but they cannot edit or submit additional 2016 data on this website.

Beginning in 2019 and every year thereafter, covered establishments must submit the information by March 2. Covered establishments with 250 or more employees are only required to provide their 2017 Form 300A summary data. OSHA is not accepting Form 300 and 301 information at this time.

Establishments that meet any of the following criteria (at the establishment level and not the firm as a whole) do not have to send their information to OSHA:

  • The establishment’s peak employment during the previous calendar year was 19 or fewer, regardless of the establishment’s industry.
  • The establishment’s industry is on this list, regardless of the size of the establishment.
  • The establishment had a peak employment between 20 and 249 employees during the previous calendar year and the establishment’s industry is not on this list.

OSHA announced that it will issue a notice of proposed rulemaking (NPRM) to reconsider, revise, or remove provisions of the “Improve Tracking of Workplace Injuries and Illnesses” final rule, including the collection of the Forms 300/301 data. The agency is currently drafting that NPRM and will seek comment on those provisions.

Read the announcement

OSHA Fixes Error on Workplace Injury Tracking Regulation

On April 30, 2018, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that following a review of the requirements put in place in 2016 regarding the “Improve Tracking of Workplace Injuries and Illnesses” regulation, it has taken action to correct an error that was made with regard to implementing the final rule.

OSHA determined that § 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.

Read the press release

EEO-1 Filing Deadline Extended

In late April 2018, the federal Equal Employment Opportunity Commission (EEOC) announced the deadline for the EEO-1 Employer Information Report (EEO-1 Report) has been extended from March 31, 2018 to June 1, 2018.

For the 2017 EEO-1 reporting cycle, the EEO-1 will collect data on the race, ethnicity, and sex of workers, by job category, from private employers with 100 employees or more and federal contractors with 50 employees or more and $50,000 in contract(s). The EEO-1 Survey will not collect data about pay and hours worked.

Read the announcement and EEO-1 Survey questions and answers