Washington, D.C. – OSHA has begun posting employers’ injury and illness annual summary reports (Form 300A submissions) on its website. The website currently includes data from 2016 through 2018. OSHA has not announced when 2019 data will be posted. The Form 300A reporting mandate applies to all workplaces with 250 or more employees and locations with 20 to 249 workers in OSHA-designated hazardous industries.
The new data release was issued in response to two federal court decisions that found the reports were public records and could be released under the Freedom of Information Act (FOIA).
OSHA has included with the data a disclaimer cautioning viewers to not assume injuries and illnesses are associated with violations of the agency’s regulations and standards: “The fact that an employer provided data does not mean that the employer is at fault, that the employer has violated any OSHA requirements, that OSHA has found any violations, or that the employee is eligible for workers’ compensation or other benefits.”
CWS submitted comments to the rulemaking that removed reporting requirements for two other forms but retained the reporting requirement for the 300A. In those comments CWS anticipated that these forms would eventually be made available to the public and that employers have legitimate reasons for these forms not being in the public domain.