April 4, 2022

Deputy Assistant Secretary
Directorate of Technical Support and Emergency Management
Directorate of Enforcement Programs
ITA Non-Responder Enforcement Computer Program

This memorandum provides enforcement guidance regarding potential violations of the Occupational Safety and Health Administration’s (OSHA) rule requiring electronic submittal of injury and illness records, 29 CFR 1904.41(a)(1) and (a)(2). Employers are required to meet the reporting requirements by submitting their CY 2021 OSHA Form 300A data through the Injury Tracking Application (ITA).

Each week, the Directorate of Technical Support and Emergency Management, Office of Statistical Analysis (OSA) will run an OIS Scan Summary Report of inspections opened during the previous week and not yet closed. OSA will match the open inspections list against a list of establishments that may have failed to submit their CY 2021 Form 300A data to create a list of potential non-responders by area office. OSA will send the weekly Area Office Potential Matches Report to the Regional Coordinators for distribution.

The Area Office will review their weekly list to verify the following:

  1. The inspection status. If the inspection is closed, the Area Office will take no further action for that establishment.
  2. The establishment meets the ITA reporting requirements. The Area Office reviewer will check the inspection data to verify that the establishment meets 29 CFR 1904.41’s size and industry criteria. If the establishment does not meet these requirements, the Area Office will take no further action for that establishment.
  3. The match is valid. The match of establishments on the OIS Scan Summary Report to establishments on the list of those that may have failed to submit their CY 2021 Form 300A data is based on nine data elements. The Area Office Potential Matches Report includes these nine data elements from the two datasets side by side. The Area Offices will review each match to determine if the match is invalid, (i.e., the establishment on the open inspection list is clearly the same establishment as the establishment on the potential non-responder list). If the reviewer determines that the match is not valid, the Area Office will take no further action for that establishment.

For establishments/inspections that are valid matches, the CSHO shall inform the employer of their reporting obligation and follow the enforcement procedures in the May 6, 2021, memorandum Enforcement Procedures for Failure to Submit Electronic Illness & Injury Records under 29 CFR 1904.41(a)(1) & (a)(2).

The six-month date to issue a citation for non-compliance with the requirements of 29 CFR 1904.41 is September 2, 2022. The data for calendar year 2021 must had been submitted to OSHA by March 2, 2022.


29 CFR 1904.41: https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.41
ITA Landing page: https://www.osha.gov/injuryreporting
ITA Covered Industries: https://www.osha.gov/recordkeeping/naics-codes-electronic-submission
Enforcement memo: https://www.osha.gov/laws-regs/standardinterpretations/2021-05-06