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OSHA Injury and Illness Report Due July 1

Posted Monday, June 18, 2018 by Jules VanSant.

Attention: Printing Operations In California, Maryland, Utah, Washington, and Wyoming

injuryillnessWhen Federal OSHA issued the reporting rule in 2016, it required that all state plan states adopt substantially identical requirements to the final E-Recordkeeping Rule within six months. However, because the state plan states all have their own legislative or rulemaking processes and due to all of the delays issued last year by Federal OSHA, not all states have adopted the rule. As of today, California, Maryland, Utah, Washington, and Wyoming have not yet adopted the regulation.

In order to ensure that all covered employers in all states are reporting their data, Federal OSHA issued a “clarification statement” on April 30, 2018 addressing this situation. Federal OSHA stated that all covered employers to submit their data by July 1, 2018 even if their state has not yet adopted the rule.

The April 30 statement has cause some controversy in that Maryland, Utah, Washington and Wyoming OSHA’s pushed back by issuing their own statements stating that covered employers are not legally mandated to submit reports. California OSHA also issued a statement that acknowledged that while companies were not legally required to report, they were advising companies that were required to report to go ahead and comply.

There are differing legal opinions regarding the ability for Federal OSHA to compel companies in California, Maryland, Utah, Washington, and Wyoming to report. In order to avoid any potential problems, companies in California, Maryland, Utah, Washington, and Wyoming should follow the statement by California OSHA and plan on submitting their data to OSHA. Eventually, these states will be adopting the regulation so that they can maintain their authority to run their program.

Please let us know if you have any questions or need additional information.