OSHA published a Final Rule on January 25, 2019 to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are required to routinely keep injury and illness records. Covered establishments are only required to electronically submit information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). The requirement to keep and maintain OSHA Forms 300, 300A, and 301 for five years is not changed by this Final Rule.ould “have no force or effect” and that they “may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued.”

OSHA revoked its so-called “Volks Rule,” which would have amended the recordkeeping regulations in 29 C.F.R. Part 1904 to, it hoped, avoid the holding of the District of Columbia Circuit in AKM LLC dba Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012). That decision held that the Occupational Safety and Health Administration (OSHA) has six months, not five and a half years, after a recordkeeping violation to issue a citation. The removal was published at 82 Fed. Reg. 20548 (May 3, 2017). OSHA had no choice but to do so, as Congress had passed and the president had signed a resolution under the Congressional Review Act disapproving of the amendments. That meant, according to that statute, that the amendments would “have no force or effect” and that they “may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued.”

On May 11, 2016, OSHA issued a Final Rule requiring illness/injury electronic data reporting and employee notification program.
Summary
§29CFR 1904.35 Employee involvement

• You must inform each employee of how he or she is to report a work related injury or illness to you
• You must provide employees with the information described in paragraph (b)(1)(iii) of this section.
• You must provide access to your injury and illness records for your employees and their representatives as described in paragraph (b)(2) of this section
  • You must provide access to your injury and illness records for your employees and their representatives as described in paragraph (b)(2) of this section
  • You must inform each employee of your procedure for reporting work-related injuries and illnesses;
  • (b)(1)(iii)You must inform each employee that
    • Employees have the right to report work-related injuries and illnesses;and
    • Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses; and
  • You must not discharge or in any manner discriminate against any employee for reporting awork-related injury or illness.

§29CFR §1904.36Prohibition against discriminationcompliance delayed until November 1, 2016

• In addition to §1904.35, section 11(c) of the OSH Act also prohibits you from discriminating against an employee for reporting a work-related fatality, injury, or illness.That provision of the Act also protects the employee who files a safety and health complaint, asks for access to the part 1904 records, or otherwise exercises any rights afforded by the OSH Act.

§29CFR1904.41 Electronic submission of injury and illness records to OSHA

• Paragraph (a)(1) -If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from the three recordkeeping forms that you keep under this part (OSHA Form 300A Summary of Work-Related Injuries and Illnesses, OSHA Form 300 Log of Work-Related Injuries and Illnesses, and OSHA Form 301 Injury and Illness Incident Report) to OSHA or OSHA's designee. You must submit the information once a year,no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms.
• Paragraph (a)(2) electronic submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments with 20 or more employees but fewer than 250 employees in designated industries.If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, andyour establishment is classified in an industry listed in Appendix A** to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c)of this section of the year after the calendar year covered by the form.
• Electronic submission of part 1904 records upon notification. Upon notification, you must electronically submit the requested information from your part 1904 records to OSHA or OSHA's designee.

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