OSHA has issued a Notice of Proposed Rulemaking to remove provisions of the Obama-era electronic recordkeeping rule, Improve Tracking of Workplace Injuries and Illnesses.

The proposed rule would amend OSHA's recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees that are required to routinely keep injury and illness records to electronically submit information from OSHA Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report).

However, OSHA will continue to require that those establishments electronically submit information from their Form 300A (Summary of Work-Related Injuries and Illnesses).

In a July 27 news release, OSHA said the proposed rule “maintains safety and health protections for workers, protects privacy, and reduces the burdens of complying with the current rule.”

The current Improve Tracking of Workplace Injuries and Illnesses rule was finalized in May 2016.

In the proposed rule, OSHA expresses concern that the original rule put “sensitive worker information” at risk of “potential disclosure under the Freedom of Information Act” and that the rule is unjustifiably costly to the agency and burdensome to employers.


Under the current recordkeeping rule, the deadline for electronic submission of Calendar Year 2017 information from OSHA Forms 300 and 301 was July 1, 2018. In subsequent years, the deadline is March 2.

OSHA is not currently accepting the Form 300 or 301 data and will not enforce the deadlines for these two forms without further notice while the new rulemaking is underway.

The electronic portal collecting Form 300A data is accepting CY 2017 data, although submissions after July 1, 2018, will be marked late.

Comments on the proposed rule are due by Sept. 28, 2018, and can be submitted electronically.