• Publication Date:
• Publication Type:
• Fed Register #:
  90:28257-28263
• Title:

• Publication Date:
• Publication Type:
• Fed Register #:
  88:47254-47349
• Title:

[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Rules and Regulations]
[Pages 47254-47349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15091]


Vol. 88

Friday,

No.

• Publication Date:
• Publication Type:
• Fed Register #:
  87:18528-18558
• Title:

[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Proposed Rules]
[Pages 18528-18558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06546]




Vol. 87

Wednesday,

No.

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.