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1904.41(a) Basic Requirements
1904.41(a)(1) Annual Electronic Submission of Part 1904 Records by Establishments With 250 or More Employees
If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from the three recordkeeping forms that you keep under this part (OSHA Form 300A Summary of Work-Related Injuries and Illnesses, OSHA Form 300 Log of Work-Related Injuries and Illnesses, and OSHA Form 301 Injury and Illness Incident Report) to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms.
1904.41(a)(2) Annual Electronic Submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20 or More Employees but Fewer Than 250 Employees in Designated Industries
If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.
1904.41(a)(3) Electronic Submission of Part 1904 Records Upon Notification
Upon notification, you must electronically submit the requested information from your part 1904 records to OSHA or OSHA's designee.
1904.41(b) Implementation
1904.41(b)(1) Does Every Employer Have to Routinely Submit Information From the Injury and Illness Records to Osha?
No, only two categories of employers must routinely submit information from their injury and illness records. First, if your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must submit the required Form 300A, 300, and 301 information to OSHA once a year. Second, if your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must submit the required Form 300A information to OSHA once a year. Employers in these two categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form or forms (for example, 2017 for the 2016 forms). If you are not in either of these two categories, then you must submit information from the injury and illness records to OSHA only if OSHA notifies you to do so for an individual data collection.
1904.41(b)(2) If I Have to Submit Information Under Paragraph (A)(1) of This Section, Do I Have to Submit All of the Information From the Recordkeeping Form?
No, you are required to submit all of the information from the form except the following:.
1904.41(b)(2)(i)
Log of Work-Related Injuries and Illnesses (OSHA Form 300): Employee name (column B).
1904.41(b)(2)(ii)
Injury and Illness Incident Report (OSHA Form 301): Employee name (field 1), employee address (field 2), name of physician or other health care professional (field 6), facility name and address if treatment was given away from the worksite (field 7).
1904.41(b)(3) Do Part-Time, Seasonal, or Temporary Workers Count as Employees in the Criteria for Number of Employees in Paragraph (A) of This Section?
Yes, each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.
1904.41(b)(4) How Will OSHA Notify ME That I Must Submit Information From the Injury and Illness Records as Part of an Individual Data Collection Under Paragraph (A)(3) of This Section?
OSHA will notify you by mail if you will have to submit information as part of an individual data collection under paragraph (a)(3). OSHA will also announce individual data collections through publication in the Federal Register and the OSHA newsletter, and announcements on the OSHA Web site. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal.
1904.41(b)(5) How Often Do I Have to Submit the Information From the Injury and Illness Records?
If you are required to submit information under paragraph (a)(1) or (2) of this section, then you must submit the information once a year, by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form or forms. If you are submitting information because OSHA notified you to submit information as part of an individual data collection under paragraph (a)(3) of this section, then you must submit the information as often as specified in the notification.
1904.41(b)(6) How Do I Submit the Information?
You must submit the information electronically. OSHA will provide a secure Web site for the electronic submission of information. For individual data collections under paragraph (a)(3) of this section, OSHA will include the Web site's location in the notification for the data collection.
1904.41(b)(7) Do I Have 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 §§ 1904.1 and/or 1904.2, then you do not have to routinely submit part 1904 information under paragraphs (a)(1) and (2) of this section. You will have to submit information under paragraph (a)(3) of this section 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 part and submit information as directed.
1904.41(b)(8) Do I Have to Submit Information if I AM Located in a State Plan State?
Yes, the requirements apply to employers located in State Plan States.
1904.41(b)(9) May an Enterprise or Corporate Office Electronically Submit Part 1904 Records for Its Establishment(s)?
Yes, if your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under paragraph (a)(1) or (2) of this section, then the enterprise or corporate office may collect and electronically submit the information for the establishment(s).
1904.41(c) Reporting Dates
1904.41(c)(1)
In 2017 and 2018, establishments required to submit under paragraph (a)(1) or (2) of this section must submit the required information according to the table in this paragraph (c)(1):

Submission year Establishments submitting under paragraph (a)(1) of this section must submit the required information from this form/these forms: Establishments submitting under paragraph (a)(2) of this section must submit the required information from this form: Submission deadline
2017 300A 300A July 1, 2017
2018 300A, 300, 301 300A July 1, 2018
1904.41(c)(2)
Beginning in 2019, establishments that are required to submit under paragraph (a)(1) or (2) of this section will have to submit all of the required information by March 2 of the year after the calendar year covered by the form or forms (for example, by March 2, 2019, for the forms covering 2018).

[66 FR 6134, Jan. 19, 2001; 81 FR 29692-29693 May 12, 2016; 82 FR 55765 November 24, 2017]
Appendix A Appendix a to Subpart E of Part 1904-Designated Industries for § 1904.41(a)(2) Annual Electronic Submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20 or More Employees but Fewer Than 250 Employees in Designated Industries
NAICS Industry
11 Agriculture, forestry, fishing and hunting.
22 Utilities.
23 Construction.
31-33 Manufacturing.
42 Wholesale trade.
4413 Automotive parts, accessories, and tire stores.
4421 Furniture stores.
4422 Home furnishings stores.
4441 Building material and supplies dealers.
4442 Lawn and garden equipment and supplies stores.
4451 Grocery stores.
4452 Specialty food stores.
4521 Department stores.
4529 Other general merchandise stores.
4533 Used merchandise stores.
4542 Vending machine operators.
4543 Direct selling establishments.
4811 Scheduled air transportation.
4841 General freight trucking.
4842 Specialized freight trucking.
4851 Urban transit systems.
4852 Interurban and rural bus transportation.
4853 Taxi and limousine service.
4854 School and employee bus transportation.
4855 Charter bus industry.
4859 Other transit and ground passenger transportation.
4871 Scenic and sightseeing transportation, land.
4881 Support activities for air transportation.
4882 Support activities for rail transportation.
4883 Support activities for water transportation.
4884 Support activities for road transportation.
4889 Other support activities for transportation.
4911 Postal service.
4921 Couriers and express delivery services.
4922 Local messengers and local delivery.
4931 Warehousing and storage.
5152 Cable and other subscription programming.
5311 Lessors of real estate.
5321 Automotive equipment rental and leasing.
5322 Consumer goods rental.
5323 General rental centers.
5617 Services to buildings and dwellings.
5621 Waste collection.
5622 Waste treatment and disposal.
5629 Remediation and other waste management services.
6219 Other ambulatory health care services.
6221 General medical and surgical hospitals.
6222 Psychiatric and substance abuse hospitals.
6223 Specialty (except psychiatric and substance abuse) hospitals.
6231 Nursing care facilities.
6232 Residential mental retardation, mental health and substance abuse facilities.
6233 Community care facilities for the elderly.
6239 Other residential care facilities.
6242 Community food and housing, and emergency and other relief services.
6243 Vocational rehabilitation services.
7111 Performing arts companies.
7112 Spectator sports.
7121 Museums, historical sites, and similar institutions.
7131 Amusement parks and arcades.
7132 Gambling industries.
7211 Traveler accommodation.
7212 RV (recreational vehicle) parks and recreational camps.
7213 Rooming and boarding houses.
7223 Special food services.
8113 Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance.
8123 Dry-cleaning and laundry services.


[81 FR 29693-29694 May 12, 2016]
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