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Do California employers now have to electronically file their OSHA 300? (Video below)

Anthony Poston, ARM, AIM

JANUARY 2020 UPDATE

As a reminder, California employers that meet certain criteria (see below) are required to submit their OSHA 300 logs via the Fed-OSHA ITA (Injury Tracking Application) website.

March 2, 2020, is the deadline for electronically reporting your OSHA Form 300A data for calendar year 2019. Collection on the ITA website began January 2, 2020.

California employers DO NOT have to send the completed forms to Cal/OSHA unless specifically asked to do so.

For more information and a fillable 300 Form, visit: Cal-OSHA Guide To Recordkeeping Requirements

For information on the Fed-OSHA ITA website and “how to” complete and submit your form, visit: OSHA ITA Injury Reporting


California employer reporting criteria:

  • Establishments with 250 or more employees at any time during the previous calendar year, or

  • Establishments with 20 or more employees but fewer than 250 employees at any time during the previous calendar year AND classified as an industry listed in California Code of Regulations, title 8, Appendix H for sections 14300-14300.48, located at www.dir.ca.gov/ T8/14300_48_AppendixH.html.

Establishments that meet the criteria described above must electronically submit their Cal/ OSHA Form 300A Summary data from the previous calendar year by March 2 of the current year. Data from completed summaries must be submitted through the online portal found at Federal OSHA’s website, Injury Tracking Application (ITA)

Watch ESM’s Completing Your OSHA 300 video below.

(Certificates of Completion for this video and others are available to INSITE customers.)

NOVEMBER 2018 UPDATE

On November 1, 2018, the Office of Administrative Law approved the emergency action. This means that the employers in California described below are NOW required to submit Form 300A data covering calendar year 2017 by December 31, 2018. These employers should follow the instructions posted at federal OSHA's ITA website:

  • All employers with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations

  • Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.

TO CONFIRM:

Per Cal-OSHA: https://www.dir.ca.gov/dosh/calosha-updates/log300-reporting.html


JULY 2018 UPDATE

Per Cal-OSHA Consultation Division, California employers are NOT required to submit their OSHA 300 online. Currently there is no requirement in Title 8 and thus, Cal-OSHA can not enforce the requirements.

Fed-OSHA "has announced its intent to issue a proposal to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300..." per the ITA website.

Until Fed-OSHA makes a final ruling, Cal-OSHA is on stand-by and not taking any action. Non-exempt California employers can voluntarily submit their Form 300 to the ITA website, but are not obligated. 

Prior blog dated May 2018

I’m sure you have heard the news and are trying to confirm its validity. Here’s the answer.

Yes, but...

California employers will now be expected to submit their OSHA 300 logs electronically by July 1, 2018. However, there are industry exceptions (and employee size exemptions), which make this ruling more convoluted. Please review the details to determine what applies to you!

Here is the official Cal-OSHA statement: https://www.dir.ca.gov/dosh/calosha-updates/log300-reporting.html

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On April 30, 2018, federal OSHA posted a "trade release" requiring all affected employers to submit injury and illness data in the federal OSHA Injury Tracking Application (ITA) online portal, even if the employer is covered by a state plan that has not completed adoption of their own state rule: https://www.osha.gov/news/newsreleases/trade/04302018.

Therefore, even though California has not yet adopted its own state rule, affected employers are advised to comply with federal OSHA's directive to provide Form 300A data covering calendar year 2017. Federal OSHA is requiring affected employers to submit their data by July 1, 2018. For specific instructions, go to federal OSHA's ITA website.
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As of April 28, 2018, California employers must determine if they are exempt from this compliance requirement and if not, begin the process of creating an ITA account and uploading their 2017 forms by July 1, 2018.

OSHA has provided several training aids for this process, which can be found on the ITA website:

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ITA Job Aids: These instructions are available to support users through the submission process.

Please contact us with any questions