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Chapter 7. Division of Labor Statistics and Research
Subchapter 1. Occupational Injury and Illness Reports and Records
Article 2. Employer Records of Occupational Injury or Illness
Subchapter 1. Occupational Injury and Illness Reports and Records
Article 2. Employer Records of Occupational Injury or Illness
§ 14300.41. Electronic Submission of Injury and Illness Records to OSHA.
(a) Basic requirement.
(1) Annual electronic submission of Cal/OSHA injury and illness records by establishments with 250 or more employees. If your establishment had 250 or more employees at any time during the previous calendar year, and this article requires your establishment to keep records, then you must electronically submit information from the Cal/OSHA Form 300A Summary of Work-Related Injuries and Illnesses that you keep under this part to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms.
(2) Annual electronic submission of Cal/OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments with 20 or more employees but fewer than 250 employees in designated industries. If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Appendix H for Title 8 Sections 14300-14300.48, then you must electronically submit information from Cal/OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.
(3) Electronic submission of records upon notification. Upon notification, you must electronically submit the requested information from your Cal/OSHA injury and illness records to OSHA or OSHA's designee.
(4) Electronic submission of the Employer Identification Number (EIN). For each establishment that is subject to these reporting requirements, you must provide the EIN used by the establishment.
(b) Implementation.
(1) Does every employer have to routinely submit information from the Cal/OSHA injury and illness records to OSHA or its designee?
No, only two categories of employers must routinely submit information from their Cal/OSHA injury and illness records. First, if your establishment had 250 or more employees at any time during the previous calendar year, and this article requires your establishment to keep records, then you must submit the required Cal/OSHA Form 300A information to OSHA once a year. Second, if your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Appendix H for Title 8 Sections 14300-14300.48, then you must submit the required Cal/OSHA Form 300A information to OSHA once a year. Employers in these two categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form or forms (for example, 2018 for the 2017 forms). If you are not in either of these two categories, then you must submit information from the injury and illness records to OSHA only if OSHA notifies you to do so for an individual data collection.
(2) If I have to submit information under paragraph (a)(1) of this section, do I have to submit all of the information from the recordkeeping form?
Yes, you are required to submit all of the information from the Form 300A.
(3) Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in paragraph (a) of this section?
Yes, 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.
(4) How will OSHA notify me that I must submit information from the injury and illness records as part of an individual data collection under paragraph (a)(3) of this section?
OSHA will notify you by mail if you will have to submit information as part of an individual data collection under paragraph (a)(3). OSHA will also announce individual data collections through publication in the Federal Register and the OSHA newsletter, and announcements on the OSHA Web site. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal.
(5) Does this section affect the Division of Occupational Safety and Health's authority to inspect my workplace?
No. Nothing in this section affects the Division of Occupational Safety and Health's statutory authority to investigate conditions related to occupational safety and health.
(6) How often do I have to submit the information from the injury and illness records?
If you are required to submit information under paragraph (a)(1) or (2) of this section, then you must submit the information once a year, by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form or forms. If you are submitting information because OSHA notified you to submit information as part of an individual data collection under paragraph (a)(3) of this section, then you must submit the information as often as specified in the notification.
(7) How do I submit the information?
You must submit the information electronically. OSHA will provide a secure Web site for the electronic submission of information. For individual data collections under paragraph (a)(3) of this section, OSHA will include the Web site's location in the notification for the data collection.
(8) Do I have to submit information if my establishment is partially exempt from keeping Cal/OSHA injury and illness records?
If you are partially exempt from keeping injury and illness records under ยงยง 14300.1 and/or 14300.2, then you do not have to routinely submit Article 2 information under paragraphs (a)(1) and (2) of this section. You will have to submit information under paragraph (a)(3) of this section if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the Cal/OSHA injury and illness records required by Article 2 and submit information as directed.
(9) Do I have to submit information if I am located in a State Plan State?
Yes, the requirements apply to employers located in State Plan States.
(10) May an enterprise or corporate office electronically submit Cal/OSHA injury and illness records for its establishment(s)?
Yes, if your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under paragraph (a)(1) or (2) of this section, then the enterprise or corporate office may collect and electronically submit the information for the establishment(s).
(c) Reporting dates.
(1) In 2018, establishments required to submit under paragraph (a)(1) or (2) of this section must submit the required information for 2017 according to the table in this paragraph (c)(1):
Submission Year | Establishments submitting under paragraph (a)(1) of this section must submit the required information from this form/these forms: | Establishments submitting under paragraph (a)(2) of this section must submit the required information from this form: | Submission deadline |
2018 | 300A | 300A | December 31, 2018 |
(2) Beginning in 2019, establishments that are required to submit under paragraph (a)(1) or (2) of this section will have to submit all of the required information by March 2 of the year after the calendar year covered by the form or forms (for example, by March 2, 2019, for the forms covering 2018).
Note: Authority cited: Sections 150(b) and 6410, Labor Code. Reference: Section 6410, Labor Code.
HISTORY
1. New section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).
2. Amendment of section heading and section filed 11-1-2018 as an emergency; operative 11-1-2018 (Register 2018, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-30-2019 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading and section refiled 4-25-2019 as an emergency; operative 5-1-2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-30-2019 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading and section refiled 7-29-2019 as an emergency; operative 7-31-2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-29-2019 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-29-2019 order, including new subsection (a)(4) and amendment of Note, transmitted to OAL 10-29-2019 and filed 12-11-2019 (Register 2019, No. 50).
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