OSHA Reporting Update—Minnesota Employers with 20 or More Employees Required to Submit Data to Federal OSHA by July 1, 2018

After several rounds of confusing back-and-forth information, the Minnesota Occupational Safety and Health Administration (MNOSHA) has now confirmed that all Minnesota employers with 20 or more employees must submit their 2017 workplace injury and illness data to the federal Occupational Safety and Health Administration (OSHA) by July 1, 2018.

Since last year, federal OSHA and MNOSHA have been providing and then changing the rules on which employers will be required to report their workplace injury and illness data.  But in late May of this year, MNOSHA adopted the federal reporting rule (http://www.dli.mn.gov/OSHA/FedRegulationsAdopted.asp).  However, MNOSHA also added its own additional requirement: not only are Minnesota employers that would have been covered by the federal rule (employers with 250 or more employees, or employers with 20 to 249 employees in certain high-risk industries) required to file by July 1, 2018, but also any additional Minnesota employers with 20 or more employees that weren’t originally covered by the federal rule must file by July 1, 2018 as well.  In other words, Minnesota’s new requirement is broader than the federal rule and will now apply to a greatly expanded list of Minnesota businesses. 

For now, covered Minnesota employers will submit the information using federal OSHA Form 300A (https://www.osha.gov/recordkeeping/RKforms.html).   The form can be submitted to federal OSHA through their Injury Tracking Application (ITA) in three ways: manual entry of data into a web form; uploading a CSV file; or through an automated recordkeeping and reporting system (https://www.osha.gov/injuryreporting/). 

It’s uncertain if enforcement of this rule will rank as a high priority for MNOSHA.  However, employers who wish to remain compliant should be deciding how and when they will file.  Contact myHRcounsel if you need assistance with this new rule.