Do California employers now have to electronically file their OSHA 300?
November 1, 2018 UPDATE
On November 1, 2018, the Office of Administrative Law approved the emergency action. This means that the employers in California described below are NOW required to submit Form 300A data covering calendar year 2017 by December 31, 2018. These employers should follow the instructions posted at federal OSHA's ITA website:
All employers with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations
Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.
CA Employers with 250+ employees must report by 12/31/18, UNLESS they are on this list: https://www.dir.ca.gov/t8/14300_2.html
CA Employer with 20 – 249 employees must report by 12/31/18 IF THEY ARE ON this list (Appendix H): https://www.dir.ca.gov/dosh/doshreg/Recording-and-Reporting/Text-of-Amended-Regulation-Revised.pdf
July 3, 2018 UPDATE
Per Cal-OSHA Consultation Division, California employers are NOT required to submit their OSHA 300 online. Currently there is no requirement in Title 8 and thus, Cal-OSHA can not enforce the requirements.
Fed-OSHA "has announced its intent to issue a proposal to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300..." per the ITA website.
Until Fed-OSHA makes a final ruling, Cal-OSHA is on stand-by and not taking any action. Non-exempt California employers can voluntarily submit their Form 300 to the ITA website, but are not obligated.
Prior blog dated May 8, 2018
I’m sure you have heard the news and are trying to confirm its validity. Here’s the answer.
California employers will now be expected to submit their OSHA 300 logs electronically by July 1, 2018. However, there are industry exceptions (and employee size exemptions), which make this ruling more convoluted. Please review the details to determine what applies to you!
Here is the official Cal-OSHA statement: https://www.dir.ca.gov/dosh/calosha-updates/log300-reporting.html
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 (ITA) online portal, even if the employer is covered by a state plan that has not completed adoption of their own state rule: https://www.osha.gov/news/newsreleases/trade/04302018.
Therefore, even though California has not yet adopted its own state rule, affected employers are advised to comply with federal OSHA's directive to provide Form 300A data covering calendar year 2017. Federal OSHA is requiring affected employers to submit their data by July 1, 2018. For specific instructions, go to federal OSHA's ITA website.
As of April 28, 2018, California employers must determine if they are exempt from this compliance requirement and if not, begin the process of creating an ITA account and uploading their 2017 forms by July 1, 2018.
OSHA has provided several training aids for this process, which can be found on the ITA website:
ITA Job Aids: These instructions are available to support users through the submission process.
Please contact us with any questions