Electronic Submission of Workplace Injury and Illness Records
Cal/OSHA will hold an advisory committee meeting on May 9 in Oakland on the electronic submission of injury and illness records.
For more information visit Cal/OSHA's advisory meeting webpage.
Employers in California that have establishments meeting one of the requirements below are required to electronically submit Form 300A data annually for those establishments:
- All establishments with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations.
- Establishments with 20 to 249 employees in the specific industries listed in Appendix H of Cal/OSHA's emergency regulations.
See federal OSHA's Injury Tracking Application website for information and instructions on electronic submission.
Electronic Submission Rulemaking
On January 25, 2019, federal OSHA published a final rule to amend its recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. Cal/OSHA has determined that by rescinding the requirement to electronically submit Forms 300 and 301 data, OSHA has substantially diminished the requirements that were originally set forth in OSHA's May 12, 2016, "Improve Tracking of Workplace Injuries and Illnesses" rule.
Pursuant to California Labor Code section 6410.2(b), Cal/OSHA will convene an advisory committee meeting to evaluate how to implement the changes necessary to protect the goals of the Improve Tracking of Workplace Injuries and Illnesses rule, as issued May 12, 2016. More information regarding this advisory committee meeting can be found on Cal/OSHA's webpage.
Information on Electronic Reporting Rulemaking
Employers in states regulated by federal OSHA have been required to electronically submit certain records of occupational injuries and illnesses. The electronic submission requirements, along with the incorporation of an existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses, were added to federal OSHA's recording and reporting regulations found in the Code of Federal Regulations, title 29, part 1904.
On April 30, 2018, federal OSHA posted a trade release requiring all affected employers to submit injury and illness data in the federal OSHA Injury Tracking Application online portal, even if the employer was covered by a state plan that had not completed adoption of their own state rule. Therefore, even though California had not yet adopted its own state rule, Cal/OSHA advised affected employers to comply with federal OSHA's directive to provide Form 300A data covering calendar year 2017 by July 1, 2018.
On July 27, 2018, federal OSHA posted a trade release proposing to amend its recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). These establishments would continue to be required to submit information from their Form 300A (Summary of Work-Related Injuries and Illnesses) covering the previous calendar year.
On October 18, 2018, Cal/OSHA issued an amended notice of proposed emergency action to amend sections 14300.35 and 14300.41 of title 8 of the California Code of Regulations. The purpose of the amendments was to conform California's recordkeeping requirements to the federal OSHA program. The proposed regulatory language and Finding of Emergency are posted on Cal/OSHA's webpage.
On November 1, 2018, the Office of Administrative Law approved the emergency action. This means that the establishments in California described below were now required to submit Form 300A data covering calendar year 2017 by December 31, 2018, and are required to submit Form 300A data covering calendar year 2018 by March 2, 2019. These establishments should follow the instructions posted at federal OSHA's ITA website:
- All establishments with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations
- Establishments with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.