As part of the final rule, Improve Tracking of Workplace Injuries and Illness, issued in May 2016, employers  had a phased in compliance deadline for the electronic submission of recordkeeping forms.  For 2017, employers with establishments with 250 or more employees and establishments with less than 250 employees but 20 or more in certain high-risk industries were required to electronically submit their 2016 Form 300A by July 1, 2017.  However, in May OSHA announced that it intended to delay the July 1, 2017 compliance date for the electronic submission of the 2016 Form 300A but did not provide a a new date for compliance.

OSHA recently issued a Notice of Proposed Rulemaking (NPRM) proposing to delay the electronic reporting requirements by five months to December 1, 2017.  In the NPRM, OSHA stated,  “this delay will…allow affected entities sufficient time to familiarize themselves with the electronic reporting system, which will not be available until August 1.”  Based on the NPRM, OSHA will make the secure website that OSHA intends to use for the submission of these recordkeeping forms available on August 1, 2017.

OSHA is accepting comments on the proposed delay until July 13, 2017.  The National Federation of Independent Business (NFIB) submitted comments urging OSHA to delay the compliance date further noting, “Because OSHA declared its intention to re-examine the rule, either in whole or in part, NFIB recommends the agency consider a delay of the compliance date to July 1, 2018. OSHA should not require compliance with the 2016 Final Rule in any manner while the agency works to reconsider, revise, or remove provisions of the rule. A delay of one year would give OSHA sufficient time to consider revisions to the 2016 final rule without requiring small and independent businesses to comply with a flawed rule that is likely to change.”

OSHA also intends to reconsider, revise or remove other provisions of the final rule and has stated that they will issue a separate notice of proposed rulemaking in the near future.

 

 

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.

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