On May 21, 2018, Minnesota Occupational Safety and Health Administration (“MNOSHA”) adopted the federal Occupational Safety and Health Administration’s (“OSHA”) regulation requiring employers in certain industries with 20 or more employees to electronically submit their OSHA Form 300A injury and illness records through OSHA’s Injury Tracking Application portal (“ITA”). Work-related injury and illness data from calendar year 2017 must be submitted electronically by July 1, 2018. Beginning in 2019, work-related injury and illness data from the previous calendar year must be submitted by March 2.
Previously, certain employers – “covered establishments” in OSHA’s jargon – were required to record work-related injuries and illnesses on their onsite OSHA Injury and Illness forms. Now, certain Minnesota employers must electronically submit the information about injuries and illnesses to OSHA. The new rule does not add to or change an employer’s obligation to complete, retain, and certify injury and illness records. The electronic reporting requirement was adopted because OSHA believed that public disclosure of some of the reported data would encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the public.
In order to ensure the completeness and accuracy of injury and illness data reported to OSHA, the new rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation; clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. OSHA recommends employers post the OSHA “It’s The Law” worker rights poster from to inform employees of their right to report work-related injuries and illnesses. You can download a free poster here. https://www.osha.gov/Publications/poster.html
It’s important to determine whether your establishment is covered by the new electronic reporting requirements because all “covered establishments” must electronically submit their 2017 work-related injury and illness summaries (OSHA Form 300A) by July 1, 2018. (Beginning in 2019, work-related injury and illness data from the previous calendar year must be submitted by March 2.)
The OSHA injury and illness records are maintained at the establishment level. OSHA defines an “establishment” as a single physical location where business is conducted or where services or industrial operations are performed. A firm may be comprised of one or more establishments. To determine if you need to provide OSHA with the required data for an “establishment,” you need to determine the establishment’s peak employment during the last calendar year. Each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.
Establishments with 250 or more employees in industries covered by OSHA’s recordkeeping regulation must electronically submit the information from OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, using the ITA portal.
Establishments in certain high-risk industries with 20 to 249 employees during the previous calendar year must electronically submit the information from OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, using the ITA portal.
Establishments with fewer than 20 employees at all times during the previous calendar year do not have to submit information electronically to OSHA unless requested to do so by the Bureau of Labor Statistics.
OSHA estimates it will take about ten minutes to create an account on the ITA portal and another ten minutes to enter the required information from Form 300A. The Minnesota Department of Labor and Industry offers free introductory-level training seminars about OSHA recordkeeping requirements. For more information or to register, click here.
It is also important to know that Minnesota still has not adopted federal OSHA’s partial recordkeeping exemption for establishments in certain low-hazard industries. Therefore, under MNOSHA, all employers with 11 or more employees at their establishment at any point in the previous year—regardless of whether the establishment is listed in the North American Industrial Classification System low-hazard industry group exemption that is found in federal OSHA at 29 CFR 1904, Subpart B, Appendix A—must keep OSHA injury and illness records. But now with the new recordkeeping regulation the low-hazard establishment must determine whether it needs to electronically report.
In addition, don’t forget that all Minnesota employers must report the following to MNOSHA:
- All work-related fatalities within eight hours;
- All work-related inpatient hospitalizations within 24 hours;
- All work-related amputations within 24 hours; and
- All-work related losses of an eye within 24 hours.
For further questions about MNOSHA or your business’s compliance, please contact Stacey DeKalb or Lauren Nuffort.
 At this time, OSHA is not accepting information from OSHA Form 300, Log of Work-Related Injuries and Illnesses, or OSHA Form 301, Injury and Illness Incident Report. OSHA announced that it will issue a notice of proposed rulemaking to reconsider, revise, or remove provisions of the final rule, including the collection of the Forms 300 and 301 data.
 Minnesota OSHA Compliance—Report an accident, fatality or serious injury, http://www.dli.mn.gov/osha/RepAcc.asp (last visited May 30, 2018).