DG Digest: OSHA proposal would require some employers electronically submit injury and illness information to the agency

Regulatorily speaking, March goes out a bit like the proverbial lamb, with a quiet week featuring little in the way of fresh news. Sometimes it’s good to have a break! Meanwhile, April is here with improving Spring weather, so hopefully our readers will all have a chance to enjoy a little more time outside with warming days and fresh new blossoms. Here’s this week’s pair of notices:


OSHA is proposing to amend its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA proposes to amend its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year. Establishments with 20 or more employees in certain industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. OSHA also proposes to update the classification system used to determine the list of industries covered by the electronic submission requirement. In addition, the proposed rule would remove the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis. Comments must be submitted by May 31, 2022.  See the proposal here.


The agency proposed certain amendments to the electronic manifest (e-Manifest) regulations concerning the e-Manifest program and system. Specifically, EPA is proposing changes to manifest regulations for shipments of hazardous waste that are exported for treatment, storage, and disposal. These proposed changes follow EPA’s eManifest User Fee final rule, promulgated in January 2018, which stated that the scope of the e-Manifest requirements and system would not extend to U.S. export shipments of hazardous wastes until the Agency determined, through separate rulemaking, which entity in the export process would be responsible for submitting export manifests to the E-Manifest system and paying the associated user fees.  Comments are due by May 31st, 2022. See the proposal here.

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