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Why Over One Third of Employers Aren’t Filing Electronic Injury Reports

In Illinois, employers with 250 or more employees and companies in high-risk industries that have 20 to 249 employees were required to submit electronic injury report forms called 300A forms by Dec. 31, 2017, for their 2016 information, but many did not do so. The Occupational Health and Safety Administration received 153,560 reports within the deadline, but 350,000 businesses were supposed to have filed the reports. OSHA is now contacting the companies that failed to file the reports, and they may face other than serious violations with penalties of up to $12,934. There are several reasons that so many companies that were required to file these reports failed to do so. Part of the problem may be due to confusion over changing requirements under the Trump Administration. Some companies also are concerned that the reports will be used as enforcement tools against them.

Electronic Injury Report Requirements

Under an Obama-era workplace injury reporting rule for employers, employers that have 250 or more employees and those in high-risk industries that have between 20 and 249 workers must file Forms 300A, 301, and 300 log injury report forms electronically. The 300A forms do not contain identifying information and were supposed to be submitted by July 1, 2017, for information from 2016. The implementation of the rule by OSHA was in question after Trump was elected, and the deadline for filing the forms was pushed back until Dec. 31, 2017. However, while 350,000 companies were supposed to submit these forms, OSHA only received 153,560 before the deadline. OSHA is now cracking down on the companies that did not submit their reports, and they may face violations that carry penalties of up to $12,934.

Why Did So Many Companies Fail to File?

Part of the reason for the failure to file is that companies were confused about whether they were still required to submit the forms after Trump was elected. However, OSHA’s original extension was granted because of the confusion, and employers were notified that they still needed to file them. Some companies were also concerned that the 300 and 301 reports would be used for enforcement purposes. Going forward, companies will need to submit the 300A forms by July 1, 2018, for 2017 and by March 2 after that.

Years of Experience: More than 30 years
Illinois Registration Status Active
Bar & Court Admissions: Illinois State Bar Association – 1974-Present
Lake County Bar Association
Illinois Trial Lawyers Association
Lake County Bar Association Civil Trial and Appeals Committee
Federal Bar Association – Northern District of Illinois
Admitted to the Supreme Court of the United States – May 28, 1991
Years of Experience: More than 30 years
Illinois Registration Status Active
Bar & Court Admissions: Illinois State Bar Association – 1974-Present
Lake County Bar Association
Illinois Trial Lawyers Association
Lake County Bar Association Civil Trial and Appeals Committee
Federal Bar Association – Northern District of Illinois
Admitted to the Supreme Court of the United States – May 28, 1991

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