Seyfarth Synopsis: OSHA has proposed to delay the reporting compliance deadline, until December 1, 2017, for certain employers to electronically file injury and illness data.

Under OSHA’s revised recordkeeping rules certain employers are required to electronically file injury and illness data with OSHA. As we noted previously in our blog, the rule became effective in January 1, 2017, and required employers to electronically file that information by July 1, 2017. However, for months the regulated community had been asking how it would be expected to accomplish this electronic filing when OSHA had failed to set up a website capable of accepting the submissions.

In May 2017 OSHA acknowledged that “OSHA is not accepting electronic submission of injury and illness logs at this time and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 form 300A electronically.”

OSHA has now formally proposed to extend the filing deadline until December 1, 2017. Importantly, OSHA states that the proposed delay will also allow OSHA an opportunity to “further review and consider the rule.” Accordingly, it appears that OSHA is reconsidering the entire rule and may even modify or revoke the rule prior to the December 1, 2017 filing date. OSHA stated that it intends to issue a separate proposal to reconsider, revise, or remove other provisions of the final rule on electronically filing injury and illness data.