As a reminder to covered establishments, they must electronically submit their Form 300A on or before March 2, 2023, which can be done here. Covered establishments generally include 250 or more employees or 20-249 employees in certain high-risk industries identified by OSHA. OSHA has publicly announced that it has been developing an analytic approach to identify non-responders from the previous calendar year’s data collection process, so we fully expect to see more aggressive enforcement against non-responders this year.

On a related note, OSHA recently indicated that it would miss its March 31 deadline to implement a final rule revising the E-reporting rule. It now aims to conclude the rulemaking process by June 30, 2023. We will continue to monitor this development.

In addition, effective January 17, 2023, maximum OSHA penalties have increased. The maximum penalty for a serious and other-than-serious violation is $15,625 per violation, while the maximum penalty for a willful or repeat violation is $156,259 per violation.