Since January 1, 2015, the Occupational Safety and Health Act and the Occupational Safety And Health Administration (both often referred to collectively as “OSHA”) have required employers to report all severe work-related injuries. OSHA also requires employers to submit electronic records related to injury and illness records in their workplace.

Although no provision of the Occupational Safety & Health Act authorizes Congress to publicize establishment-specific injury and illness records other than in the employer’s workplace, OSHA publishes these records, which contain no information that provides any explanation of the facts and circumstances related to the injury event. OSHA gives notice of these data collections through direct mailings, notices, publication in the Federal Register, and publication on the OSHA website.

These provisions, which have been effective since January 1, 2017, require many employers to electronically submit data related to injury and illness in their workplace. Pursuant to OSHA, employers are required to adopt an electronic recordkeeping system or to transfer all paper records to electronic format for submission There is no option for paper submission by any size employer, even small employers.

Each separate workplace with 250 or more employees in qualifying industries must submit information from their annual recordkeeping of injuries and illnesses by July 1 of each year. Smaller companies with 20-249 employees in designated “high-risk industries,” identified on a specific list, as well as the agriculture, utilities, construction, and manufacturing industries must submit their reports by March 2 annually.

It is not inconceivable that some companies may be required to submit thousands of reports every year. Employers that do not qualify, may still be required to submit information if OSHA requests it.