Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22141a - Implementation

Current through Vol. 24-12, July 15, 2024
Rule 1141a.
(1)
					 Does every employer have to routinely make an annual electronic submission of
					 information from Part 11 injury and illness recordkeeping forms to OSHA? No,
					 only 3 categories of employers must routinely submit information from these
					 forms. The first category is establishments that had 20-249 employees at any
					 time during the previous calendar year and are classified in an industry listed
					 in Appendix B of this part. Establishments in this category must submit the
					 required information from Form 300A to OSHA once a year. The second category is
					 establishments that had 250 or more employees at any time during the previous
					 calendar year, and are required by Part 11 to keep records. Establishments in
					 this category must submit the required information from Form 300A to OSHA once
					 a year. The third category is establishments that had 100 or more employees at
					 any time during the previous calendar year and are classified in an industry in
					 Appendix C of this part. Establishments in this category must also submit the
					 required information from Forms 300 and 301 to OSHA once a year, in addition to
					 the required information from Form 300A.
Employers in these 3 categories must submit the required
						information by the date listed in
						R 408.22141b of the year after the
						calendar year covered by the form or forms, for example, 2024 for the 2023
						forms. If your establishment is not in any of these 3 categories, then you must
						submit the information to OSHA only if MIOSHA or OSHA notifies you to do so for
						an individual data collection.
(2) Do part-time, seasonal, or temporary
					 workers count as employees in the criteria for number of employees in
					 R 408.22141? Yes, each individual
					 employed in the establishment at any time during the calendar year counts as 1
					 employee, including fulltime, part-time, seasonal, and temporary
					 workers.
(3) How will MIOSHA or
					 OSHA notify me that I must submit information as part of an individual data
					 collection under R
					 408.22141(3)? MIOSHA or OSHA will
					 notify you by mail if you have to submit information as part of an individual
					 data collection under
					 R 408.22141(3).
					 MIOSHA or OSHA will also announce individual data collections through
					 publication in the Federal Register, the OSHA newsletter, announcements on the
					 OSHA website or other means. If you are an employer who must routinely submit
					 the information, then OSHA will not notify you about your routine
					 submittal.
(4) When do I have to
					 submit the information? If you are required to submit information under
					 R 408.22141(1) or
					 (2), then you must submit the information
					 once a year, by the date listed in
					 R 408.22141b of the year after the
					 calendar year covered by the form (for example, 2019 for the 2018 form). If you
					 are submitting information because MIOSHA or OSHA notified you to submit
					 information as part of an individual data collection under
					 R 408.22141(3),
					 then you must submit the information as specified in the
					 notification.
(5) How do I submit
					 the information? You must submit the information electronically. OSHA will
					 provide a secure website for the electronic submission of information. For
					 individual data collections under
					 R 408.22141(3),
					 OSHA will include the website's location in the notification for the data
					 collection.
(6) Am I required to
					 submit information if my establishment is partially exempt from keeping OSHA
					 injury and illness records? If you are partially exempt from keeping injury and
					 illness records under
					 R 408.22103, then you are not
					 required to routinely submit information under
					 R 408.22141(1) or
					 (2). You will have to submit information
					 under R 408.22141(3) if
					 OSHA informs you in writing that it will collect injury and illness information
					 from you. If you receive such a notification, then you must keep the injury and
					 illness records required by this standard and submit information as
					 directed.
(7) Am I required to
					 submit information if I am located in a State Plan State? Yes, the requirements
					 apply to employers located in State Plan States.
(8) May an enterprise or corporate office
					 electronically submit information for its establishment or establishments? Yes,
					 if your enterprise or corporate office had ownership of or control over 1 or
					 more establishments required to submit information under
					 R 408.22141, then the enterprise or
					 corporate office may collect and electronically submit the information for the
					 establishment or establishments.
(9) If I have to submit information under
					 R 408.22141, do I have to submit
					 all of the information from the recordkeeping forms? No, you are required to
					 submit all of the information from the forms except the following:
(a) Log of Work-Related Injuries and
					 Illnesses (OSHA Form 300): Employee name (column B).
(b) Injury and Illness Incident Report (OSHA
					 Form 301): Employee name (field 1), employee address (field 2), name of
					 physician or other healthcare professional (field 6), facility name and address
					 if treatment was given away from the worksite (field 7).