Does "Subpart E - Reporting Fatality, Injury and Illness Information to the Government" Apply to You?
This is a yes for all employers covered under the OSH Act. Subpart E provides the reporting requirements for work-related fatalities, hospitalizations, amputations and loss of an eye. It also includes providing records to government representatives (i.e., providing records within 4 business hours), electronic submission of injury and illness records, and requests from the Bureau of Labor Statistics (BLS).
If you had a work-related fatality, hospitalization, amputation or loss of an eye, have questions about electronic submissions or requests from the BLS, click on the related tabs below to see how they may apply to you. Additional related information can be found on the safety and health topics pages for medical services and first aid, and recording and reporting.
Subpart E - Reporting Fatality, Injury and Illness Information to the Government
Do you have 250 or more employees? If yes, then you need to comply with electronic submission of injury and illness records to OSHA. Employers who are already required to maintain injury and illness records must submit injury and illness data from their OSHA Form 300A for establishments that have 250 or more employees at any time during the calendar year.
In addition, employers in certain high hazard industries must also submit certain injury and illness data to OSHA. Are you in one of these high hazard industries (listed by NAICS Code) and have between 20 and 249 employees at your establishment? If yes, then you need to comply with this standard and submit data from the OSHA Form 300A (Annual Summary). Are you in one of these high hazard industries (listed by NAICS Code) and have 100 or more employees at your establishment? If yes, then you need to comply with this standard and submit data from the OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report.
Furthermore, employers are required to submit their Employer Identification Number (EIN) electronically with their OSHA injury and illness data and their legal company name.
You can access the Injury Tracking Application (ITA) on the OSHA website. If you answered yes to any question above, you are required to submit the required information every year by March 2 of the year after the calendar year covered by the forms (for example, by March 2, 2024 for the forms covering 2023).
An "establishment" is defined as a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities.
Additional related information can be found on the A-Z safety and health topics pages for medical services and first aid, and recording and reporting.
If yes, then you need to comply with requests from the Bureau of Labor Statistics (BLS) for data. Each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to send injury and illness data to the BLS unless you receive a survey form.
Note: Even if you are normally exempt from keeping injury and illness records, the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records and make a survey report for the year covered by the survey.
Additional related information can be found on the A-Z safety and health topics pages for medical services and first aid, and recording and reporting.