Question: My company operates multiple facilities on a campus setting. Each facility has less than 250 employees, but the campus has more than 250 employees. How should I count my employees to determine if I have to electronically provide OSHA my injury and illne

Answer: The recording and reporting requirements of Part 1904 are establishment based. Under most circumstances, a campus is a single physical location and considered as a single establishment. Under limited conditions, you may consider two or more separate facilities that share a single location to be separate establishments. You may divide one location into two or more establishments only when: 1) Each facility represents a distinctly separate business; 2) Each facility is engaged in a different economic activity; 3) No one industry description applies to the joint activities of the establishments; and 4) Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information.

Question: If my establishment is selected to respond to the Bureau of Labor Statistics' Annual Survey, do I have to give the same information to both Agencies?

Answer: OSHA and the BLS are working to identify and minimize the burden on employers that are required to respond to both data collections. However, at this time you will need to provide both agencies with the required data through their separate collection vehicles.

Question: Are the electronic reporting requirements based on the size of the establishment or the size of the firm?

Answer: The electronic reporting requirements are based on the size of the establishment, not the firm. The OSHA injury and illness records are maintained at the establishment level. An establishment is defined as a single physical location where business is conducted or where services or industrial operations are performed. A firm may be comprised of one or more establishments. To determine if you need to provide OSHA with the required data for an establishment, you need to determine the establishment's peak employment during the last calendar year. Each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers. All establishments with 250 or more employees in industries covered by the recordkeeping regulation must electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301. Establishments with 20-249 employees in certain industries must electronically submit information from OSHA Form 300A only.

Question: My firm has multiple establishments that do different things. Which determines whether I have to submit data for those establishments, the industry classification of the firm or the industry classification of the establishment?

Answer: The electronic reporting requirements are based on the industry classification of the establishment, not the industry classification of the firm. An establishment is defined as a single physical location where business is conducted or where services or industrial operations are performed. A firm may be comprised of one or more establishments. Two groups of establishments are required to electronically submit data to OSHA: (1) Establishments with 20-249 employees in certain industries, and (2) Establishments with 250 or more employees in industries subject to OSHA's recordkeeping requirement. Establishments that are partially exempt from OSHA's recordkeeping due to industry are not required to submit data, regardless of establishment size.

Question: Do I need special software to electronically submit the data to OSHA?

Answer: No. OSHA has provided a secure website for the electronic submission of information. The website includes web forms for direct data entry and instructions for other means of submission (e.g. file uploads).

Question: May a third party submit data for an establishment or firm?

Answer: Yes, just as a third party is allowed to maintain the injury and illness records for an employer, a third party is allowed to submit the data for that employer. However, as with recordkeeping, responsibility for the completeness and accuracy of the data lies with the employer, not the third party.

Question: May a firm with multiple establishments make a single submission of the data from the multiple establishments?

Answer: Yes, a firm with more than one establishment may submit establishment-specific data for multiple establishments. To do this, the firm will create one registration and follow the directions provided to submit data for multiple establishments. It is important to note that the electronic reporting requirements are for data at the establishment level, not the firm level. The submitted data must be specific for each individual establishment. Note that establishments under state plan jurisdiction must comply with state plan regulations. For more information about the regulations in individual state plans, see here: https://www.osha.gov/dcsp/osp/statestandards.html

Question: May an enterprise or corporate office electronically submit part 1904 records for its establishment(s)?

Answer: Yes, if your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under paragraph (a)(1) or (2) of this section (1904.41), then the enterprise or corporate office may collect and electronically submit the information for the establishment(s).

Question: Do I have to submit information if my establishment is partially exempt from keeping OSHA injury and illness records?

Answer: If you are partially exempt from keeping injury and illness records under §§ 1904.1 and/or 1904.2, then you do not have to routinely submit part 1904 information under paragraphs (a)(1) and (2) of this section (1904.41). You will have to submit information under paragraph (a)(3) of this section if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this part and submit information as directed.

Question: Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in paragraph (a) of this section (1904.41)?

Answer: Yes, each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.