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.

Question: Does every employer have to routinely submit information from the injury and illness records to OSHA?

Answer: No, only two categories of employers must routinely submit information from their injury and illness records. First, if your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must submit the required Form 300A, 300, and 301 information to OSHA once a year. Second, if your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must submit the required Form 300A information to OSHA once a year. Employers in these two categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form or forms (for example, 2017 for the 2016 forms). If you are not in either of these two categories, then you must submit information from the injury and illness records to OSHA only if OSHA notifies you to do so for an individual data collection.

Question: Do I have to answer the BLS survey form if I am located in a State-Plan State?

Answer: Yes, all employers who receive a survey form must respond to the survey, even those in State-Plan States.

Question: Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records?

Answer: Yes, even if you are exempt from keeping injury and illness records under § 1904.1 to § 1904.3, the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records required by § 1904.5 to § 1904.15 and make a survey report for the year covered by the survey.

Question: If I get a survey form from the BLS, what do I have to do?

Answer: If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it, following the instructions contained on the survey form.