A federal judge has rejected an attempt by states and public health groups to reinstate part of an OSHA recordkeeping rule.
Six states (Illinois, Maryland, Massachusetts, Minnesota, New Jersey and New York) and three public health groups sought to require some employers to submit their Forms 300 and 301 electronically to OSHA.
In 2016, under the Obama administration, OSHA issued a new rule requiring:
- employers with 250 or more employees to electronically submit Forms 300, 301 and 300A to OSHA, and
- employers with 20 or more employees in high hazard industries to submit only Form 300A to OSHA.
In January 2019, the Trump administration rolled back part of the rule. Its final rule required both sets of employers to submit only Form 300A, the annual injury and illness summary.
The Trump administration cited worker privacy after determining that automated software wouldn’t be adequate to remove personally identifiable information (PII) about employees from Forms 300 and 301. OSHA determined the work would have to be done manually at a higher cost which couldn’t be justified.
The states and public health groups sued to have submission of Forms 300 and 301 by large companies restored.
A judge of the District of Columbia Circuit dismissed the lawsuit on January 11, 2021.
The judge found the public health groups didn’t have standing in the case.
The states argued OSHA’s revised rule violated the Administrative Procedure Act because it was arbitrary and capricious.
But the judge found OSHA properly considered the potential release and/or cost of removing PII from Forms 300 and 301 in revising the rule.
The judge dismissed the states’ lawsuit, and the regulation stands as it is.
Click here for our article on submitting Form 300A electronically.
