Will OSHA Inspect Your Workplace if You Report Data After July 1?

The U.S. Occupational Safety and Health Administration (OSHA) has warned employers that it will take note of worksites that electronically report their 2017 OSHA 300A information after the July 1, 2018, deadline. Specifically, OSHA noted that "employers can continue to electronically report their Calendar Year 2017 Form 300A data to OSHA, but submissions after July 1, 2018, will be flagged as 'Late.'" However, establishments do not have to electronically submit their Form 300A data to OSHA if their peak employment during the previous calendar year was 19 or fewer, regardless of the industry; the establishment's industry is on OSHA's list of exempt industries, regardless of the size of the establishment; and the establishment had a peak employment between 20 and 249 employees during the previous calendar year and its industry is not on OSHA's list of industries that must electronically submit their data. It remains unclear what OSHA means by "flagging" late reports, but experts believe the warning has little teeth given that OSHA likely will not have the time or resources to conduct inspections at every location that reported late.