OSHA Rescinds Part of Electronic Records Rule and Adjusts Maximum Penalties for 2019

Date   Jan 28, 2019

On January 24, 2019, citing a need to protect worker privacy, the Occupational Safety and Health Administration (OSHA) issued a final rule eliminating the requirement that businesses with 250 or more workers electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA each year. These employers must keep such records on-site. They still are required to electronically submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). The deadline for electronic submissions for calendar year 2018 information is March 2, 2019.

Separately, effective January 23, 2019, OSHA adjusted the penalty levels for violations in 2019. The new maximum penalty for a Serious violation will be $13,260 per violation. The maximum penalty for a Failure to Abate violation will be $13,260 per day beyond the abatement date. The maximum penalty for a Willful or Repeated violation increases to $132,598 per violation.

If you have any questions regarding these developments or other workplace safety issues, please feel free to contact Rick Warren, who is a partner in our Atlanta office at, or the FordHarrison attorney with whom you usually work.