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Employers have until December 15, 2017 to submit their 2016 injury and illness data electronically to the federal OSHA agency. Minnesota’s OSHA-approved State Plan (“MNOSHA”) however, has not adopted federal OSHA’s new requirement that certain employers submit their injury and illness reports electronically.[1] MNOSHA may adopt federal OSHA’s new rule but it likely won’t happen until 2018.

Because MNOSHA has not yet adopted the new federal OSHA electronic recordkeeping requirements, employers in Minnesota do not need to electronically report their injuries or illnesses. Therefore, currently under MNOSHA, if your Minnesota business had 11 or more employees at any time during 2016, your business has to maintain OSHA injury and illness records but does not need to electronically report unless requested to do so by the Bureau of Labor Statistics. Businesses with 11 or more employees need to use the following forms for their recordkeeping:

  • OSHA Form 300, Log of Work-Related Injuries and Illnesses
  • OSHA Form 300A, Summary of Work-Related Injuries and Illnesses
  • OSHA Form 301, Injury and Illness Incident Report

Form 300A must be posted from February 1 to April 30. For access to these forms, please visit https://www.osha.gov/recordkeeping/RKforms.html.

(Note that under MNOSHA, like federal OSHA, employers with 10 or fewer employees at all times during the last calendar year do not need to keep OSHA injury and illness records.)

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 with 11 or more employees. Therefore, under MNOSHA, all employers with 11 or more employees at their establishment at any point in the previous year—regardless of the North American Industrial Classification System (NAICS) codes—must keep OSHA injury and illness records.[2] Stated another way, the low-hazard industry group exemption for injury and illness recordkeeping found in the federal rule (29 CFR 1904.2) does not apply to workplaces in Minnesota.

In addition, 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
  • All-work related losses of an eye within 24 hours[3]

For further questions about MNOSHA or your business’s compliance, please contact Stacey DeKalb at 612.336.9310 or stacey@lommen.com or Lauren Nuffort at 612.336.9308 or lnuffort@lommen.com.

 

[1] “Establishments in [Minnesota] are not currently required to submit their summary data through the ITA.” Injury Tracking Application—Electronic Submission of Injury and Illness Records to OSHA, United States Department of Labor Occupational Safety and Health Administration, https://www.osha.gov/injuryreporting/index.html (last visited Dec. 5, 2017). See also Minnesota OSHA Compliance—Recordkeeping Standard, Minnesota Department of Labor and Industry, http://www.dli.mn.gov/osha/Recordkeeping.asp (last visited Dec. 5, 2017).

[2] Minn. R. 5205.001, subp. 1a.

[3] Minnesota OSHA Compliance—Report an accident, fatality or serious injury, http://www.dli.mn.gov/osha/RepAcc.asp (last visited Dec. 5, 2017).