OSHA Enforcement Update: New OSHA Internal Memorandum Provides Enforcement Guidance on Electronic Submission of Injury and Illness Records

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On Monday, April 4, 2022, OSHA released a new memorandum to regional administrators regarding enforcement of OSHA’s rule requiring electronic submittal of injury and illness records.

Each week, the agency will be running a computer program to identify employers who might not be complying. While OSHA originally predicted almost half a million employers would need to submit these forms, the actual number of reports filed are much lower.

Because OSHA can only cite an employer for a violation that is no more than six months old, a large increase in enforcement is not anticipated. However, employers with over 250 employees should be sure all locations are in compliance with the rule. OSHA’s website provides guidance on which companies need to submit their data and how to submit it.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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