Following a review of the requirements put in place in 2016 regarding OSHA's new injury/illness tracking regulation, the agency 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 employers affected by the final rule to submit injury and illness data in the Injury Tracking Application 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.
What Are State Plans?
OSHA covers most private sector employers and workers in all 50 states, the District of Columbia, and the other U.S. jurisdictions—either directly through OSHA or through an OSHA-approved State Plan.
State Plans are OSHA-approved job safety and health programs operated by individual states rather than federal OSHA.
Section 18 of the OSH Act encourages states to develop and operate their own job safety and health programs and precludes state enforcement of OSHA standards unless the state has an OSHA-approved State Plan.
Twenty-six states, Puerto Rico, and the Virgin Islands have OSHA-approved State Plans. Twenty-two State Plans (21 states and one U.S. territory) cover both private and state and local government workplaces.
The remaining six State Plans (five states—including Connecticut—and one U.S. territory) cover state and local government workers only.