After several years of back and forth it appears the federal government is requiring employers in the state of California to submit Osha 300 forms to the federal government by July 1st of this year!

This is not retroactive to the year 2016 but 2017 will need to be submitted this year.

Many employers with over 20 employees must submit.  Farms, construction and manufacturing are required to report if they have employed over 19 employees in the past year.

 

Below is relevant information, previously posted on the https://www.dir.ca.gov/dosh/calosha-updates/log300-reporting.html and https://www.osha.gov/news/newsreleases/trade/04302018

 


OSHA Trade Release

U.S. Department of Labor
Occupational Safety and Health Administration
Office of Communications
Washington, D.C.
www.osha.gov
For Immediate Release

April 30, 2018
Contact: Office of Communications
Phone: 202-693-1999

U.S. Department of Labor Fixes Error Dating to 2016
Implementation of “Improve Tracking of Workplace Injuries and
Illnesses” Regulation

WASHINGTON, DC – Following a review of the requirements put in place in 2016 regarding the “Improve Tracking of Workplace Injuries and Illnesses” regulation, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has taken action to correct an error that was made with regard to implementing the final rule.

OSHA determined that Section 18(c)(7) of the Occupational Safety and Health Act, and relevant OSHA regulations pertaining to State Plans, require all affected employers to submit injury and illness data in the 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. 

OSHA immediately notified State Plans and informed them that for Calendar Year 2017 all employers covered by State Plans will be expected to comply. An employer covered by a State Plan that has not completed adoption of a state rule must provide Form 300A data for Calendar Year 2017.  Employers are required to submit their data by July 1, 2018. There will be no retroactive requirement for employers covered by State Plans that have not adopted a state rule to submit data for Calendar Year 2016.

A notice has been posted on the ITA website and related OSHA webpages informing stakeholders of the corrective action.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

Only a small fraction of establishments are required to electronically submit their Form 300A data to OSHA. Establishments that meet any of the following criteria DO NOT have to send their information to us. Remember, these criteria apply at the establishment level, not to the firm as a whole.

  • The establishment's peak employment during the previous calendar year was 19 or fewer, regardless of the establishment's industry.
  • The establishment's industry is on this list, regardless of the size of the establishment.

Starting on January 1, 2015, the following NAICS will be partially exempt from OSHA recordkeeping requirements:

Non-Mandatory Appendix A to Subpart B -- Partially Exempt Industries

Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS), unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality, in-patient hospitalization, amputation, or loss of an eye (see §1904.39).

NAICS Code

Industry Description

NAICS Code

Industry Description

4412

Other Motor Vehicle Dealers

5411

Legal Services

4431

Electronics and Appliance Stores

5412

Accounting, Tax Preparation, Bookkeeping, and Payroll Services

4461

Health and Personal Care Stores

5413

Architectural, Engineering, and Related Services

4471

Gasoline Stations

5414

Specialized Design Services

4481

Clothing Stores

5415

Computer Systems Design and Related Services

4482

Shoe Stores

5416

Management, Scientific, and Technical Consulting Services

4483

Jewelry, Luggage, and Leather Goods Stores

5417

Scientific Research and Development Services

4511

Sporting Goods, Hobby, and Musical Instrument Stores

5418

Advertising and Related Services

4512

Book, Periodical, and Music Stores

5511

Management of Companies and Enterprises

4531

Florists

5611

Office Administrative Services

4532

Office Supplies, Stationery, and Gift Stores

5614

Business Support Services

4812

Nonscheduled Air Transportation

5615

Travel Arrangement and Reservation Services

4861

Pipeline Transportation of Crude Oil

5616

Investigation and Security Services

4862

Pipeline Transportation of Natural Gas

6111

Elementary and Secondary Schools

4869

Other Pipeline Transportation

6112

Junior Colleges

4879

Scenic and Sightseeing Transportation, Other

6113

Colleges, Universities, and Professional Schools

4885

Freight Transportation Arrangement

6114

Business Schools and Computer and Management Training

5111

Newspaper, Periodical, Book, and Directory Publishers

6115

Technical and Trade Schools

5112

Software Publishers

6116

Other Schools and Instruction

5121

Motion Picture and Video Industries

6117

Educational Support Services

5122

Sound Recording Industries

6211

Offices of Physicians

5151

Radio and Television Broadcasting

6212

Offices of Dentists

5172

Wireless Telecommunications Carriers (except Satellite)

6213

Offices of Other Health Practitioners

5173

Telecommunications Resellers

6214

Outpatient Care Centers

5179

Other Telecommunications

6215

Medical and Diagnostic Laboratories

5181

Internet Service Providers and Web Search Portals

6244

Child Day Care Services

5182

Data Processing, Hosting, and Related Services

7114

Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures

5191

Other Information Services

7115

Independent Artists, Writers, and Performers

5211

Monetary Authorities - Central Bank

7213

Rooming and Boarding Houses

5221

Depository Credit Intermediation

7221

Full-Service Restaurants

5222

Nondepository Credit Intermediation

7222

Limited-Service Eating Places

5223

Activities Related to Credit Intermediation

7224

Drinking Places (Alcoholic Beverages)

5231

Securities and Commodity Contracts Intermediation and Brokerage

8112

Electronic and Precision Equipment Repair and Maintenance

5232

Securities and Commodity Exchanges

8114

Personal and Household Goods Repair and Maintenance

5239

Other Financial Investment Activities

8121

Personal Care Services

5241

Insurance Carriers

8122

Death Care Services

5242

Agencies, Brokerages, and Other Insurance Related Activities

8131

Religious Organizations

5251

Insurance and Employee Benefit Funds

8132

Grantmaking and Giving Services

5259

Other Investment Pools and Funds

8133

Social Advocacy Organizations

5312

Offices of Real Estate Agents and Brokers

8134

Civic and Social Organizations

5331

Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)

8139

Business, Professional, Labor, Political, and Similar Organizations

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  • The establishment had a peak employment between 20 and 249 employees during the previous calendar year AND the establishment's industry is not on this list.

Establishments in the following industries with 20 to 249 employees must submit injury and illness summary (Form 300A) data to OSHA electronically

 

NAICS

Industry

11

Agriculture, forestry, fishing and hunting

22

Utilities

23

Construction

31-33

Manufacturing

42

Wholesale trade

4413

Automotive parts, accessories, and tire stores

4421

Furniture stores

4422

Home furnishings stores

4441

Building material and supplies dealers

4442

Lawn and garden equipment and supplies stores

4451

Grocery stores

4452

Specialty food stores

4521

Department stores

4529

Other general merchandise stores

4533

Used merchandise stores

4542

Vending machine operators

4543

Direct selling establishments

4811

Scheduled air transportation

4841

General freight trucking

4842

Specialized freight trucking

4851

Urban transit systems

4852

Interurban and rural bus transportation

4853

Taxi and limousine service

4854

School and employee bus transportation

4855

Charter bus industry

4859

Other transit and ground passenger transportation

4871

Scenic and sightseeing transportation, land

4881

Support activities for air transportation

4882

Support activities for rail transportation

4883

Support activities for water transportation

4884

Support activities for road transportation

4889

Other support activities for transportation

4911

Postal service

4921

Couriers and express delivery services

4922

Local messengers and local delivery

4931

Warehousing and storage

5152

Cable and other subscription programming

5311

Lessors of real estate

5321

Automotive equipment rental and leasing

5322

Consumer goods rental

5323

General rental centers

5617

Services to buildings and dwellings

5621

Waste collection

5622

Waste treatment and disposal

5629

Remediation and other waste management services

6219

Other ambulatory health care services

6221

General medical and surgical hospitals

6222

Psychiatric and substance abuse hospitals

6223

Specialty (except psychiatric and substance abuse) hospitals

6231

Nursing care facilities

6232

Residential mental retardation, mental health and substance abuse facilities

6233

Community care facilities for the elderly

6239

Other residential care facilities

6242

Community food and housing, and emergency and other relief services

6243

Vocational rehabilitation services

7111

Performing arts companies

7112

Spectator sports

7121

Museums, historical sites, and similar institutions

7131

Amusement parks and arcades

7132

Gambling industries

7211

Traveler accommodation

7212

RV (recreational vehicle) parks and recreational camps

7213

Rooming and boarding houses

7223

Special food services

8113

Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance

8123

Dry-cleaning and laundry services