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Work Comp Wednesdays – March 2nd OSHA Recordkeeping Requirement

Welcome to Work Comp Wednesdays! Insurance People is the industry-leader in North Carolina workers’ compensation insurance. Each week, our team takes a frequently asked question and expands on the issue for our clients, prospective clients, and community members to better understand the confusing nature of Work Comp.



This article is from our friends at EmergeApps:

OSHA Recordkeeping Background:

Each year, millions of workers get hurt on the job. In order to help prevent work-related injuries and illnesses, OSHA has for decades required employers to keep track of these incidents by recording them in what is often called an “OSHA log.” OSHA now requires employers to electronically submit that data directly to OSHA for its review, in addition to keeping the OSHA 300, 300A and 301 Forms.

On May 12, 2016, Federal OSHA passed new regulations requiring employers to electronically submit injury data directly to OSHA:

Establishments with 20 ore more employees from selected industries and all establishments covered by the recordkeeping rule with 250 or more employees must comply.

The 2016 Law, which is applicably amended each year, requires employers to directly upload their previous year’s OSHA 300A data by March 2nd. Employers must upload their data via a CSV file or manually enter data for each of their covered establishments. Companies that fail to submit their OSHA 300A data or file materially false or fraudulent statements can be punished by fine ($13,653 max penalty) or by imprisonment. Employers that use, simply click one button to submit all required OSHA data directly to the Federal Government.

Who Must Comply:

Electronic reporting requirements are based on the size of an establishment. An establishment is defined as a single physical location where business is conducted or where services or industrial operations are performed. An employer may be comprised of one or more establishments. To determine if you need to provide OSHA with the required data for an establishment, you need to determine the establishment’s peak employment during the last calendar year. Each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.

Employees Per Establishment:

  • > 250 Employees – Establishments required to keep OSHA injury and illness records must electronically submit information from the OSHA Form 300A.
  • 20 – 249 Employees – Establishments required to keep OSHA injury and illness records classified in industries with historically high rates of occupational injuries and illnesses must electronically submit information from the OSHA Form 300A.
  • < 20 Employees – Establishments currently required to keep OSHA injury and illness records do not have to submit information electronically to OSHA under this rule.


All establishments with 20 to 249 employees in industries listed below (over 600 NAICS codes), based on their NAICS code, must electronically submit to OSHA:

  • Agriculture (64 NAICS codes)
  • Utilities (14 NAICS codes)
  • Construction (31 NAICS codes)
  • Manufacturing (346 NAICS codes)
  • Wholesale Trade (71 NAICS codes)
  • General Industry/Other (145 NAICS codes)

Required Data to Submit by March 2nd, 2021:

The following information must be submitted for each required establishment. Data for each establishment should come from that establishment’s completed 2020 OSHA 300A Form.

Establishment Information:

  • Company Name
  • Establishment Name
  • Establishment Full Address
  • Size of Establishment
  • Establishment Type
  • Employer EIN
  • NAICS Code & Industry Description
  • OSHA Form 300A Year
  • Average Annual Employees
  • Total Hours Worked

Injury Statistics:

  • Total # of DART Cases
  • Total # of Recordable Cases
  • Total # of Death Cases
  • Total # of Injuries
  • Total # of Skin Disorders
  • Total # of Respiratory Conditions
  • Total # of Poisonings
  • Total # of Other Illnesses

Prepare for OSHA Inspections:

OSHA issued a directive in 2018 letting employers know exactly how they are going to use submitted electronic illness and injury records. Called Site Specific Targeting (SST) inspections, this will be Federal OSHA’s main method of scheduling programmed comprehensive (“wall-to-wall”) inspections. SST provides a year-long site-specific inspection plan based on the data submitted. SST targets workplaces with 20 or more employees and requires state plans to have their own inspection targeting systems. The following establishments will be targeted:

  1. High-Rate Establishments (above average DART rates)
  2. Low-Rate Establishments (below average DART rates)
  3. Non-Responders (failed to submit required OSHA Forms)

According to OSHA, STT is a continuing endeavor to use technology to prioritize inspections in OSHA’s ongoing effort to help prevent illness and injuries and require that establishments provide safe workplaces for their employees. The maximum fine for each OSHA penalty is $13,653 per violation and $136,532 for each willful or repeated violation.

What Should Employers Do Now?

  • Audit your 2020 OSHA logs to ensure all data is correct and complete, with no errors or missing information.
  • Electronically submit your 2020 300A data to federal OSHA by March 2nd, 2021.
  • Confirm you have completed your 2016, 2017, 2018, 2019 and 2020 OSHA records in preparation for an SST OSHA Audit.
  • Confirm you have all the OSHA 300, 300A, and 301 Forms for each year.
  • Ask Insurance People aboutcom to simplify the electronic submission process.

OSHAlogs is a free, secure, web-based application that enables employers to view injury metrics in real-time, create each state’s work comp form, manage all OSHA forms, and ensures no dual entry of data!

For a free account, please contact Insurance People’s Work Comp and OSHA Recordkeeping Compliance Specialist, Mitch Kaufmann, ACRA, CBIA, MWCA (