CHA News Article

Cal/OSHA Issues Emergency Regulations Requiring Electronic Submission of Form 300A
Deadline to submit is Dec. 31

After many months of confusion surrounding California employers’ obligation with respect to electronic submission of OSHA Form 300A, the California Occupational Safety and Health Administration (Cal/OSHA) has issued emergency regulations providing a clear answer.

The emergency regulations were approved on Nov.6 and require all employers with 250 or more employees (except those specifically exempted by 8 CCR § 14300.2) to submit their Form 300A summaries online each year, beginning with calendar year 2017. The 2017 form must be submitted by Dec. 31, 2018. Instructions on how to submit are included on the federal OSHA’s Injury Tracking Application web page.

Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations must also electronically submit their Form 300A. This includes general medical and surgical hospitals, psychiatric and substance abuse hospitals, ambulatory health care services and other health care providers.

The emergency regulations also amend 8 CCR § 14300.35, which pertains to the right of employees and their representatives to access injury and illness records. Previously, section 14300.35(a)(2) stated that employers must “provide limited access to your injury and illness records for your employees and their representatives.” Effective immediately, the term “limited” has been deleted; the impact of this change is not yet clear. 

Cal/OSHA will proceed with the formal rulemaking process to make the emergency regulations permanent by submitting the required documentation to the Office of Administrative Law. The rulemaking process will include a public comment period and public hearing; these dates will be posted on Cal/OSHA’s proposed regulation page when available.