When a number of states with their own OSHA plans had not implemented new regulations similar to OSHA’s 2016 injury and illness electronic reporting rule, many employers in those states believed they would simply be off the hook until the states caught up. Based on a recent notice, OSHA disagrees.

On April 30th, OSHA issued a notice stating that it “has taken action to correct an error that was made with regard to implementing the final rule.” Even if a state with a state plan has not adopted its own rule mirroring the new national regulation for submitting injury and illness data electronically, employers in that state must comply with the new federal requirements. OSHA cites “Section 18(c)(7) of the Occupational Safety and Health Act, and relevant OSHA regulations pertaining to State Plans” for its authority to “require all affected employers to submit injury and illness data in the Injury Tracking Application (ITA) online portal.”

Employers in such states must submit their OSHA 300A forms for 2017 via OSHA’s ITA portal by July 1, 2018. They do not need to retroactively submit 2016 data, however.

28 states have state plans approved by OSHA for workplace safety and health. The plans must be at least as effective as federal law and OSHA’s federal regulations.