R 408.22141a Implementation.

Rule 1141a. (1) Does every employer have to routinely make an annual electronic submission of information from Part 11 injury and illness recordkeeping forms to OSHA? No, only 3 categories of employers must routinely submit information from these forms. The first category consists of establishments that had 20–249 employees at any time during the previous calendar year and are classified in an industry listed in Appendix B of R 408.22161. Establishments in this category must submit the required information from Form 300A to OSHA once a year. The second category consists of establishments that had 250 or more employees at any time during the previous calendar year and are required by Part 11 to keep records. Establishments in this category must submit the required information from Form 300A to OSHA once a year. The third category consists of establishments that had 100 or more employees at any time during the previous calendar year and are classified in an industry in Appendix C of R 408.22162. Establishments in this category must also submit the required information from Forms 300 and 301 to OSHA once a year, in addition to the required information from Form 300A. Employers in these 3 categories must submit the required information by the date listed in R 408.22141b of the year after the calendar year covered by the form or forms, for example, 2024 for the 2023 forms. If your establishment is not in any of these 3 categories, then you must submit the information to OSHA only if MIOSHA or OSHA notifies you to do so for an individual data collection. (2) Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in R 408.22141? Yes, each individual employed in the establishment at any time during the calendar year counts as 1 employee, including full- time, part-time, seasonal, and temporary workers. (3) How will MIOSHA or OSHA notify me that I must submit information as part of an individual data collection under R 408.22141(3)? MIOSHA or OSHA will notify you by mail if you have to submit information as part of an individual data collection under R 408.22141(3). MIOSHA or OSHA will also announce individual data collections through publication in the Federal Register, the OSHA newsletter, announcements on the OSHA website or other means. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal. (4) When do I have to submit the information? If you are required to submit information under R 408.22141(1) or (2), then you must submit the information once a year, by the date listed in R 408.22141b of the year after the calendar year covered by the form, for example, 2019 for the 2018 form. If you are submitting information because MIOSHA or OSHA notified you to submit information as part of an individual data collection under R 408.22141(3), then you must submit the information as specified in the notification. (5) How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under R 408.22141(3), OSHA will include the website’s location in the notification for the data collection. (6) Am I required to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? If you are partially exempt from keeping injury and illness records under R 408.22103, then you are not required to routinely submit information under R 408.22141(1) or (2). You will have to submit information under R 408.22141(3) if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this standard and submit information as directed. (7) Am I required to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States. (8) May an enterprise or corporate office electronically submit information for its establishment or establishments? Yes, if your enterprise or corporate office had ownership of or control over 1 or more establishments required to submit information under R 408.22141, then the enterprise or corporate office may collect and electronically submit the information for the establishment or establishments. (9) If I have to submit information under R 408.22141, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following: (a) Log of Work-Related Injuries and Illnesses, OSHA Form 300: Employee name, column B. (b) Injury and Illness Incident Report, OSHA Form 301: Employee name, field 1, employee address, field 2, name of physician or other healthcare professional, field 6, facility name and address if treatment was given away from the worksite, field 7. (10) My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name.