OSHA Update

As you know, effective January 1, 2017, employers in states regulated by Federal OSHA were required to electronically submit OSHA 300 Log records of injuries and illnesses. 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.

And now it’s official! On November 1, 2018, the Office of Administrative Law approved Cal/OSHA’s emergency action to amend sections 14300.35 and 14300.41 of title 8 of the California Code of Regulations. The purpose of the amendments is to conform California’s record keeping requirements to the Federal OSHA program. This means that certain employers in California are now required to submit Form 300A Summary data covering calendar year 2017 by December 31, 2018, if they have not already done so. These employers should follow the instructions posted at Federal OSHA’s ITA website.

• All employers with 250 or more employees (any one location), unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations
• Employers with 20 to 249 employees (any one location) in the specific industries listed in Appendix H of the emergency regulations and also on Federal OSHA’s ITA website. Generally, those that are classified in certain industries with historically high rates of occupational injuries and illnesses. Not all establishments are covered by this requirement.

Beginning in 2019 and every year thereafter, covered establishments must submit the information by March 2.