Electronic Submission of 300A Logs – California’s New Emergency Regulation Requirement

In order to comply with Fed/OSHA’s parallel regulation, the Division of Occupational Safety and Health (DOSH) proposes to amend Cal/OSHA’s regulation, sections 14300.35 and 14300.41 which requires designated California employers to electronically submit certain occupational injury and illness information (Cal/OSHA 300A annual summaries) to Fed/OSHA.

The proposed Cal/OSHA emergency regulation has been submitted to the Office of Administrative Law (OAL) on October 25, 2018.  Until it has been filed with the Secretary of State, the regulation will not become effective.  Upon filing with the Secretary of State, the regulation is effective for 180 days while DOSH conducts a formal rulemaking to adopt the regulation.

Employers exempt from completing Cal/OSHA 300 Logs are indicated under Title 8, CCR § 14300.2 (North American Industry Classification System [NAICS] Code referenced is in Table 1 of Appendix A).  Employers who are not exempt and are covered by the emergency regulation include:

  • Employers with 20 through 249 employees at any time during the calendar year if their NAICS Code appears in the newly-adopted Appendix H (e.g., agriculture, construction, forestry, grocery/specialty food stores, urban transit systems, utilities, waste treatment and disposal, etc.)
  • Employers with 250 or more employees at any time during the calendar year

Upon a specific request by an OSHA representative, any employer (even those who are otherwise exempt) may be required to electronically submit 300A forms.

According to the proposed emergency regulation, the submission of the 300A logs addressing the 2017 calendar year must be submitted no later than December 31, 2018.  Cal/OSHA 300A forms addressing subsequent years must be submitted no later than March 2nd of the following year. Call us if you have questions regarding reporting requirements.