OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

April 16, 2024

MEMORANDUM FOR:
REGIONAL ADMINISTRATORS
THROUGH:
AMANDA EDENS
Deputy Assistant Secretary of Labor for Occupational Safety and Health
FROM:
KIMBERLY STILLE
Director, Directorate of Enforcement Programs
LEE ANNE JILLINGS
Director, Directorate of Technical Support and Emergency Management
SUBJECT:
Update to Enforcement Procedures for Failure to Submit Electronic Illness and Injury Records under 29 CFR 1904.41(a)(1) and (a)(2)

This memorandum provides enforcement guidance regarding potential violations of the Occupational Safety and Health Administration’s (OSHA) rule requiring electronic submittal of injury and illness records, 29 CFR 1904.41(a)(1) and (a)(2).

Each Area Office has access to the Injury Tracking Application (ITA) database containing each Form 300A submitted to OSHA. Compliance safety and health officers (CSHOs) should refer to this database during all inspections to identify employers that were required to submit records but failed to do so.

Illness and injury records play a crucial role in OSHA’s ability to effectively target workplaces where employees are exposed to serious hazards. Therefore, the Agency will work to ensure full compliance with this regulation. In addition to this policy, OSHA is continuing its analytic approach to identify non-responders for Form 300A data submission requirements from the previous calendar year’s data collection process. Area Directors may also direct CSHOs to perform a full recordkeeping audit where there is evidence of potential systemic recordkeeping issues.

OSHA Form 300A, 300, and 301 data for the preceding calendar year must be electronically submitted to OSHA each year by March 2. The six-month date to issue a citation for non-compliance with the requirements of 29 CFR 1904.41 will therefore be September 2. As an example, data for calendar year 2023 must be submitted to OSHA by March 2, 2024. OSHA may issue a citation for failure to submit up until September 2, 2024.

OSHA’s current enforcement procedures primarily focus on employers’ failures to submit required Form 300A data, while OSHA continues to review Form 300 and 301 submissions. However, there may be circumstances where Area Offices are able to identify and appropriately cite employers for failing to submit Form 300 and 301 data.

Please direct any questions regarding enforcement to the Directorate of Enforcement Programs, Office of General Industry and Agricultural Enforcement at (202) 693-1850. Questions regarding record submittal procedures or submittal status of affected employers should be directed to Duvel White, Director of the Office of Statistical Analysis, at (202) 693-1915.

Summary of Requirements to Submit Records:

  • Establishments with 250 or more employees that are subject to OSHA's recordkeeping regulation must electronically submit to OSHA data from the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A).
  • Establishments with 20-249 employees in certain higher-hazard industries (see 29 CFR 1904, Subpart E, Appendix A) must electronically submit to OSHA data from the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A).
  • Establishments 100 or more employees in certain higher-hazard industries (see 29 CFR 1904, Subpart E, Appendix B) must also electronically submit data from their Log of Work-Related Injuries and Illnesses (OSHA Form 300), and Injury and Illness Incident Reports (OSHA Form 301), in addition to OSHA Form 300A data.
  • Establishments with fewer than 20 employees at all times during the year do not have to routinely submit information electronically to OSHA.