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NEWSLINE
Reminder: Deadline for Electronically Submitting 2021 OSHA Form 300A Data Is March 2
On Jan. 5, the U.S. Department of Labor’s Occupational Safety and Health Administration issued a press release reminding certain employers that the administration began collecting calendar year 2021 Form 300A data on Jan. 2. The deadline to electronically submit the form is March 2.
Electronic submissions are required by establishments with 250 or more employees currently required to maintain OSHA injury and illness records and establishments with 20-249 employees classified in specific industries with historically high rates of occupational injury and illness. These establishments will need to provide their Employer Identification Number when electronically submitting their OSHA Form 300A data.
If employers in State Plan states have questions about their obligation to submit injury and illness information, they should contact their State Plan office. Visit OSHA's Injury Tracking Application webpage for more information on submitting data online.
OSHA Increases Civil Monetary Penalties for Employers
On Jan. 14, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule to adjust for inflation the civil monetary penalties assessed or enforced by the department, including the Occupational Safety and Health Administration, for 2022. This final rule went into effect on Jan. 15, 2022. The increased penalty levels apply to any penalties assessed after the effective date of this rule.
States that operate their own Occupational Safety and Health Plans are required to adopt maximum penalty levels that are at least as effective as federal OSHA’s. Below are the maximum penalty amounts, adjusted for inflation, as of Jan. 15, 2022, according to OSHA’s website.
Type of Violation
Serious Other-Than-Serious Posting Requirements
Failure to Abate
Willful or Repeated
Penalty
$14,502 per violation
$14,502 per day beyond the abatement date
$145,027 per violation
NEWSLINE
On Jan. 26, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it is withdrawing its COVID-19 Vaccination and Testing Emergency Temporary Standard, which applied to employers with 100 or more employees. The withdrawal is effective Jan. 26.
Although OSHA is withdrawing the ETS as an enforceable emergency temporary standard, the agency has left the door open to consider issuance of a new standard conforming to the Supreme Court’s ruling, following receipt of recent comments. No timetable for any such action has been set, and no OSHA standard applicable to COVID-19 in construction is imminent. On Jan. 19, ABC submitted comments to OSHA on the ETS stating, “It is clear to ABC, based upon the Supreme Court’s decision, that the ETS cannot be enforced in its present form and should therefore be withdrawn. Any attempt by OSHA to proceed with the ETS or to develop a new standard following notice and comment that does not satisfy the Supreme Court’s criteria will again be challenged in the courts by ABC.”
ABC, as a steering committee member, also joined the Construction Industry Safety Coalition’s comment letter to OSHA. On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on the OSHA ETS. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome.
ABC members should continue to monitor these developments in Newsline and the Beltway Blueprint.
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