April 18, 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:
Injury Tracking Application (ITA) Non-Responder Enforcement Program

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). Employers of certain establishments are required to meet the reporting requirements by submitting their CY 2023 OSHA Form 300A, 300, and 301 data through the Injury Tracking Application (ITA).

As in previous years, each week, the Directorate of Technical Support and Emergency Management, Office of Statistical Analysis (OSA) will run an OIS Scan Summary Report of inspections opened during the previous week and not yet closed. OSA will match the open inspections list against a list of establishments that may have failed to submit their CY 2023 Form 300A data to create a list of potential non-responders by area office. OSA will send the weekly Area Office Potential Matches Report to the Regional Coordinators for distribution.

Note that, although OSHA has begun collecting OSHA Form 300 and 301 data this year through the ITA, at this time OSHA will not create a list of potential non-responders with respect to the new Form 300 and 301 reporting requirements. Certain OSHA Form 300 and 301 data submitted through the ITA are currently accessible by establishment on OSHA’s ITA Data webpage.
OSHA is taking additional steps to protect worker privacy by reviewing the remaining data for certain personally identifiable information and will provide the field further information as this data becomes available.

The Area Office will review their weekly list of potential Form 300A non-responders to verify the following:

  1. The inspection status. If the inspection is closed, the Area Office will take no further action for that establishment.
  2. The establishment meets the ITA reporting requirements. The Area Office reviewer will check the inspection data to verify that the establishment meets 29 CFR 1904.41’s size and industry criteria. If the establishment does not meet these requirements, the Area Office will take no further action for that establishment.
  3. The match is valid. The match of establishments on the OIS Scan Summary Report to establishments on the list of those that may have failed to submit their CY 2023 Form 300A data is based on nine data elements. The Area Office Potential Matches Report includes these nine data elements from the two datasets side by side. The Area Offices will review each match to determine if the match is invalid (i.e., the establishment on the open inspection list is clearly the same establishment as the establishment on the potential non-responder list). If the reviewer determines that the match is not valid, the Area Office will take no further action for that establishment.

For establishments/inspections that are valid matches, the CSHO shall inform the employer of their reporting obligation and follow the enforcement procedures in the April 16, 2024 memorandum Update to Enforcement Procedures for Failure to Submit Electronic Illness & Injury Records under 29 CFR 1904.41(a)(1) & (a)(2).

The six-month date to issue a citation for non-compliance with the requirements of 29 CFR 1904.41 is September 2, 2024. The data for calendar year 2023 must have been submitted to OSHA by March 2, 2024.

RESOURCES/REFERENCES

29 CFR 1904.41: https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.41
ITA Landing page: https://www.osha.gov/injuryreporting
ITA Covered Industries: https://www.osha.gov/recordkeeping/naics-codes-electronic-submission
Enforcement memorandum: https://www.osha.gov/laws-regs/standardinterpretations/2024-04-16
Injury Tracking Application (ITA) Data: Establishment and Case Detail Work-related Injury and Illness Data: https://www.osha.gov/Establishment-Specific-Injury-and-Illness-Data