Today, OSHA announced a further two-week delay in the deadline for employers to submit their 2016 injury and illness data electronically to the agency. The new deadline will be December 15, 2017. That will mark the first time that employers are required to routinely submit such data under a new rule issued during the Obama administration.

For this December, the required submission is limited to the 2016 OSHA 300A “Summary of Work-Related Injuries and Illnesses” form. OSHA has launched a new web site to receive submissions, and it says that it is still giving thought to whether to keep some provisions of the rule. It “intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions of that rule in 2018.” We’ll publish a guide to what you need to know and do after Thanksgiving.

Who has to comply?

In the meantime, one important question to whet the appetite: Who has to comply with the upcoming deadline?

Answer:

  1. Establishments with 250 or more employees at any time during the previous calendar year that are required to keep OSHA injury and illness records.
  2. Establishments with 20 – 249 employees at any time during the previous calendar year that are in industries listed in the rule.

Smaller establishments of 249 or fewer should not breathe easy until they check the list of industries included because it’s extensive. It includes all or part of the following major industries:

  • Manufacturing
  • Agriculture
  • Retail
  • Construction
  • Medical facilities
  • Warehousing and storage
  • Transportation
  • Utilities
  • Auto parts
  • Waste collection
  • Sports and entertainment
  • And others!

The full list can be found in 29 C.F.R. § 1904.41 App A. Here it is:

Appendix A to Subpart E of Part 1904-Designated Industries for § 1904.41(a)(2) Annual 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

NAICS Industry
11 …………………………………. Agriculture, forestry, fishing and hunting.
22 …………………………………. Utilities.
23 …………………………………. Construction.
31-33 ……………………………. Manufacturing.
42 …………………………………. Wholesale trade.
4413 ……………………………… Automotive parts, accessories, and tire stores.
4421 ……………………………… Furniture stores.
4422 ……………………………… Home furnishings stores.
4441 ……………………………… Building material and supplies dealers.
4442 ……………………………… Lawn and garden equipment and supplies stores.
4451 ……………………………… Grocery stores.
4452 ……………………………… Specialty food stores.
4521 ……………………………… Department stores.
4529 ……………………………… Other general merchandise stores.
4533 ……………………………… Used merchandise stores.
4542 ……………………………… Vending machine operators.
4543 ……………………………… Direct selling establishments.
4811 ……………………………… Scheduled air transportation.
4841 ……………………………… General freight trucking.
4842 ……………………………… Specialized freight trucking.
4851 ……………………………… Urban transit systems.
4852 ……………………………… Interurban and rural bus transportation.
4853 ……………………………… Taxi and limousine service.
4854 ……………………………… School and employee bus transportation.
4855 ……………………………… Charter bus industry.
4859 ……………………………… Other transit and ground passenger transportation.
4871 ……………………………… Scenic and sightseeing transportation, land.
4881 ……………………………… Support activities for air transportation.
4882 ……………………………… Support activities for rail transportation.
4883 ……………………………… Support activities for water transportation.
4884 ……………………………… Support activities for road transportation.
4889 ……………………………… Other support activities for transportation.
4911 ……………………………… Postal service.
4921 ……………………………… Couriers and express delivery services.
4922 ……………………………… Local messengers and local delivery.
4931 ……………………………… Warehousing and storage.
5152 ……………………………… Cable and other subscription programming.
5311 ……………………………… Lessors of real estate.
5321 ……………………………… Automotive equipment rental and leasing.
5322 ……………………………… Consumer goods rental.
5323 ……………………………… General rental centers.
5617 ……………………………… Services to buildings and dwellings.
5621 ……………………………… Waste collection.
5622 ……………………………… Waste treatment and disposal.
5629 ……………………………… Remediation and other waste management services.
6219 ……………………………… Other ambulatory health care services.
6221 ……………………………… General medical and surgical hospitals.
6222 ……………………………… Psychiatric and substance abuse hospitals.
6223 ……………………………… Specialty (except psychiatric and substance abuse) hospitals.
6231 ……………………………… Nursing care facilities.
6232 ……………………………… Residential mental retardation, mental health and substance abuse facilities.
6233 ……………………………… Community care facilities for the elderly.
6239 ……………………………… Other residential care facilities.
6242 ……………………………… Community food and housing, and emergency and other relief services.
6243 ……………………………… Vocational rehabilitation services.
7111 ……………………………… Performing arts companies.
7112 ……………………………… Spectator sports.
7121 ……………………………… Museums, historical sites, and similar institutions.
7131 ……………………………… Amusement parks and arcades.
7132 ……………………………… Gambling industries.
7211 ……………………………… Traveler accommodation.
7212 ……………………………… RV (recreational vehicle) parks and recreational camps.
7213 ……………………………… Rooming and boarding houses.
7223 ……………………………… Special food services.
8113 ……………………………… Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance.
8123 ……………………………… Dry-cleaning and laundry services.