I have not seen anything indicating that the government shut down has stayed the obligation to prepare and post the OSHA 300A forms. So, for employers who are covered by OSHA's recordkeeping rule, it almost time to prepare and post the OSHA Form 300A, "Summary of Work-Related Injuries and Illnesses," (Post by February 1 and keep posted until April 30.) The requirement of completion, certifying, and posting the 300A Form is distinct from the electronic data submission requirement of OSHA's new Electronic Recordkeeping Rule. Employers should not confuse submission of injury and illness data to OSHA electronically with the requirement of certifying and posting the 300A Annual Summary Form. To read the full article, click here.

You may recall that under the Obama Administration, the Department of Labor issued a proposed rule that required companies with 250 or more employees to electronically submit data contained in their OSHA 300 and 301 forms annually. The information, which would contain summaries of employee names and injuries, would be maintained on government computer systems, but could be requested by third parties such as labor unions, special interest groups, or even competing companies who have an interest in such information. Last week OSHA issued a Final Rule which removed the obligation that employers with 250 or more employees electronically file this information. The Final Rule becomes effective on February 25, 2019. Under the Final Rule, covered employers are still required to submit their 300A forms through OSHA's Injury Tracking Application (ITA). To read the full article, click here.

A special congratulation goes out to New Orleans partner Eve B. Masinter on being named one of the women lawyers who ranked top of the list in the 2019 Louisiana Super Lawyers nomination, research and blue ribbon review process. To read the full article, click here.