New OSHA Rule: Electronic Reporting for High-Risk Industries in 2024

New OSHA Reporting Rule Effective January 1, 2024

In an effort to increase transparency of workplace injuries and OSHA’s ability to target employers with specific hazards, effective January 1, 2024, OSHA is requiring business establishments with 100 or more employees in certain designated high-risk industries to electronically submit information from their OSHA Forms 300 and 301 to the agency annually. This new requirement aims to allow employers, employees, potential employees, employee representatives, customers, potential customers, and the general public to make more informed decisions about workplace safety and health at a given establishment.

What are the Recordkeeping Requirements?

Most employers are generally familiar with the longstanding concept of “recordkeeping” and OSHA “recordables” that a business must record and log for any triggering injuries and illnesses during any given year under OSHA 300, 300A, and 301 recordkeeping requirements. And for the past few years, certain employers have been subject to an annual electronic submission requirement in OSHA’s Injury Tracking Application pursuant to 29 CFR 1904.41.

Changes Under the New OSHA Regulation

Under the new OSHA regulation, not only will certain employers be required to submit the OSHA Form 300A Summary of Work-Related Injuries and Illnesses annually, but also business establishments with 100 or more employees in designated industries are also required to submit case-specific information from the OSHA Form 300 Log and the OSHA Form 301 Incident Report. A list of the high-hazard industries subject to the new requirement can be found at OSHA’s injury reporting website, known as the Injury Tracking Application.

High-Hazard Industries

Some examples of the high-hazard industries subject to the new requirement include:

• Bakeries (NAICS 3118)
• Other Food Manufacturing (NAICS 3119)
• Beverage Manufacturing (NAICS 3121)
• Plastics Product Manufacturing (NAICS 3261)
• Rubber Product Manufacturing (NAICS 3262)
• Glass and Glass Product Manufacturing (NAICS 3272)
• Cement and Concrete Product Manufacturing (NAICS 3273)
• Motor Vehicle Manufacturing (NAICS 3361)

Key Takeaways

• Business establishments with 100 or more employees in high-risk industries will be required to electronically submit Form 300 Log and OSHA Form 301 Incident Reports.
• All establishments with more than 250 employees in industries that must routinely keep records to submit the OSHA Form 300A Annual Summary are still required to submit the 300A.
• The due date to submit the information is March 2, 2024.

This blog post was drafted by Andrew Brought, an attorney in the Kansas City, Missouri office of Spencer Fane. For more information, visit spencerfane.com.

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