DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY DIRECTOR’S OFFICE MIOSHA ADMINISTRATIVE STANDARD Filed with the secretary of state on These rules take effectbecome effective immediatelyuponafter filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the department of labor and economic opportunity by section
69 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1069, Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)
R 408.22141, R 408.22141a, and R 408.22141b of the Michigan Administrative Code are amended, as follows:
PART 11., RECORDING AND REPORTING OF
OCCUPATIONAL INJURIES
AND ILLNESSES
R 408.22141 Basic requirement.
Rule 1141. (1) Annual
electronic submission of MIOSHA or OSHA Form 300A “Summary of Work-Related
Injuries and Illnesses” by establishments with 250 or more employees requires
all of the following:
(a) If your
establishment had 25020-249 or more employees at any time
during the previous calendar year, and this standard requires your
establishment is classified in an industry listed in Appendix B of this part
to keep records, then you must electronically submit information
from MIOSHA or OSHA Form 300A “Summary of Work-Related Injuries and Illnesses”
to OSHA or OSHA's designee.
(b) You must submit
the information once a year, no later than the date listed in R 408.22141b of
the year after the calendar year covered by the form (for example, 2019 for
the 2018 form).
(b) 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 MIOSHA or 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 R 408.22141b of the year after the calendar year covered by the form.
(2) Annual electronic submission
of information from MIOSHA or OSHA Form 300A “Summary of Work-Related
Injuries and Illnesses300 “Log of Work Related Injuries and Illnesses”
and from MIOSHA or OSHA Form 301 “Injury and Illness Incident Report” by
establishments with 20100 or more employeesemployees
but fewer than 250 employees in designated industries requires all of the
following:
(a) If your
establishment had 20100 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 BC of
this part, then you must electronically submit information from MIOSHA/
or OSHA Forms 300 and 301 300A “Summary of Work-Related Injuries
and Illnesses” to OSHA or OSHA’s designee.
(b) You must submit the information once a year, no later than the date listed in R 408.22141b of the year after the calendar year covered by the form.
(3) Electronic submission of the Part 11 records upon notification. Upon notification, you must electronically submit the requested information from your Part 11 records to OSHA or OSHA’s designee.
(4) Electronic submission of the Employer Identification Number (EIN). For each establishment that is subject to these reporting requirements, you must provide the EIN used by the establishment.
R 408.22141a Implementation.
Rule 1141a. (1)
Does every employer have to routinely submit this informationmake an
annual electronic submission of information from Part 11 injury and illness
recordkeeping forms to OSHA? No, only 23 categories of
employers must routinely submit information from these forms. First,
if your establishment had 250 or moreThe first category is
establishments that had 20–249 employees at any time during the previous
calendar year, and are classified in an industry listed in Appendix B
of this part. Establishments in this category must submit the required
information from Form 300A this standard requires your establishment to
keep records, then you must submit the required information to OSHA once a
year. Second, if your establishment had 20The second category is
establishments that had 250 or more employees but fewer than 250
employees at any time during the previous calendar year, and are
required by Part 11 to keep records. Establishments in this category must
submit the required information from Form 300A to OSHA once a year.your
establishment is classified in an industry listed in Appendix B, then you must
submit the required information to OSHA once a year. The third category
is establishments that had 100 or more employees at any time during the previous
calendar year and are classified in an industry in Appendix C of this part. Establishments
in this category must also submit the required information from Forms 300 and
301 to OSHA once a year, in addition to the required information from Form 300A.
Employers in
these 23 categories must submit the required information by the
date listed in R 408.22141b of the year after the calendar year covered by the
form or forms, (for example, 20192024 for the 20182023 forms). If your establishment is are not
in either of these 2 any of these 3 categories, then you must
submit the information to OSHA only if
MIOSHA or OSHA notifies you to do so for an individual data collection.
(2) Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in R 408.22141? Yes, each individual employed in the establishment at any time during the calendar year counts as 1 employee, including full-time, part-time, seasonal, and temporary workers.
(3) How will MIOSHA or OSHA notify
me that I must submit information as part of an individual data collection
under R 408.22141(3)? MIOSHA or OSHA will notify you by mail if you will
have to submit information as part of an individual data collection under R
408.22141(3). MIOSHA or OSHA will also announce individual data collections
through publication in the Federal Register, and the OSHA
newsletter, and announcements on the OSHA website
or other means. If you are an employer who must routinely submit the
information, then OSHA will not notify you about your routine submittal.
(4) When do I have to submit the information? If you are required to submit information under R 408.22141(1) or (2), then you must submit the information once a year, by the date listed in R 408.22141b of the year after the calendar year covered by the form (for example, 2019 for the 2018 form). If you are submitting information because MIOSHA or OSHA notified you to submit information as part of an individual data collection under R 408.22141(3), then you must submit the information as specified in the notification.
(5) How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under R 408.22141(3), OSHA will include the website’s location in the notification for the data collection.
(6) Am I required 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 R 408.22103, then you are not required to routinely submit information under R 408.22141(1) or (2). You will have to submit information under R 408.22141(3) 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 standard and submit information as directed.
(7) Am I required to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States.
(8) May an enterprise or corporate
office electronically submit information for
its establishment or establishments? Yes, if your enterprise or corporate
office had ownership of or control over 1 or more establishments required to
submit information under R 408.22141(1) or (2), then the enterprise or
corporate office may collect and electronically submit the information for the
establishment or establishments.
(9) If I have to submit information under R 408.22141, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following:
(a) Log of Work-Related Injuries and Illnesses (OSHA Form 300): Employee name (column B).
(b) Injury and Illness Incident Report (OSHA Form 301): Employee name (field 1), employee address (field 2), name of physician or other healthcare professional (field 6), facility name and address if treatment was given away from the worksite (field 7).
(10) My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name.
R 408.22141b Reporting dates.
Rule 1141b. (1)
In 2017 and 2018, establishments required to submit under R 408.22141(1) or (2)
must submit the required information according to Table 1 “Reporting Dates.”
(2) Beginning
in 2019, eEstablishments that are required to submit under R
408.22141(1) or (2) 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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|