March 20, 2025

MEMORANDUM FOR:
REGIONAL ADMINISTRATORS
THROUGH:
SCOTT KETCHAM
Deputy Assistant Secretary of Labor for Occupational Safety and Health
FROM:
ERIN GILMORE
Acting Director, Directorate of Enforcement Programs
LEE ANNE JILLINGS
Director, Directorate of Technical Support and Emergency Management
SUBJECT:
Injury Tracking Application (ITA) Non-Responder Enforcement Program

This memorandum provides enforcement guidance regarding potential violations of the rule requiring electronic submittal of injury and illness records, 29 CFR 1904.41(a)(1) and (a)(2).

Employers of certain establishments are required to meet the electronic reporting requirements by submitting specific data from their CY 2024 OSHA 300A, 300, and 301 forms through the OSHA Injury Tracking Application (ITA).

As in previous years, the Directorate of Technical Support and Emergency Management, Office of Statistical Analysis (OSA) will run a weekly OIS Scan Summary Report of inspections opened during the previous week and not yet closed. OSA will then match the open inspections list against a list of establishments that may have failed to submit their CY 2024 Form 300A data and 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.

Note: although OSHA collects OSHA Form 300 and 301 data through the ITA, at this time OSHA will not create a list of potential non-responders with respect to the Form 300 and 301 reporting requirements.

The Area Office will review their weekly list of potential Form 300A non-responders 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 2024 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 valid (i.e., the establishment on the open inspection list is the same 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 April 16, 2024, memorandum Update to 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, 2025. The data for calendar year 2024 must have been submitted to OSHA by March 2, 2025.

RESOURCES/REFERENCES

29 CFR 1904.41: https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.41
ITA landing page: https://www.osha.gov/injuryreporting
Enforcement memorandum: https://www.osha.gov/laws-regs/standardinterpretations/2024-04-16
ITA data: https://www.osha.gov/Establishment-Specific-Injury-and-Illness-Data