On February 21, 2018, OSHA issued an enforcement memorandum to Regional Administrators regarding the agency’s policy for non-responders. As part of any on-site inspection, OSHA has instructed its compliance officers to inquire whether that establishment has electronically filed its 2016 300A form. If the compliance officer learns that the establishment was required to electronically submit its 300A form and failed to do so, OSHA will issue an other-than-serious citation for failing to comply with the regulation.  According to OSHA, the agency has six-months from December 15, 2017, so until June 15, 2018 to issue citations to those employers who failed to electronically file the required information.

 OSHA has also indicated that it will conduct a mass mailing outreach to employers who did not submit their 300A forms to inform them of their obligations under the regulation. Additionally, OSHA is currently reviewing the 300A forms that were submitted and intends to use the data to develop inspection targeting similar to the site specific targeting.

 It is anticipated that this regulation will be amended and a notice of proposed rulemaking will be issued in the future.

(original content provided by East Coast Risk Management)

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