The U.S. Occupational Safety and Health Administration (OSHA) has adopted a new rule expanding the injury and illness reporting requirement for employers. 

Effective January 1, 2024, more employers will be required to electronically submit workplace injury and illness information to OSHA as follows:

• Worksites with 100 or more employees in certain high-risk industries must electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year.
• Worksites with 250 or more employees that are subject to OSHA's record-keeping regulation will continue to be required to submit information from their OSHA 300A form to OSHA annually.
• Worksites with 20 to 249 employees in certain high-risk industries will continue to be required to submit information from their OSHA 300A form to OSHA annually.

Certain industries are exempt from submitting workplace injury and illness information to OSHA unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS.

All data must be submitted annually for the previous calendar year by March 2nd of the following year.  When submitting data, employers should not include personal identifiable information of employees on the reporting such as: names, social security numbers, telephone numbers, home addresses, email addresses, healthcare provider information, or family member information.

• Data can be submitted electronically here.
• Aids to assist in the reporting process can be found here. 

As a general reminder, OSHA already requires employers to keep records of work-related injuries and illnesses that resulted in death, loss of consciousness, medical treatment beyond first aid, days away from work, restricted work or transfer to another job. Additionally, all employers must report to OSHA any workplace incident that results in a fatality, in-patient hospitalization, amputation, or loss of an eye as further described here.

Employers must still complete the OSHA 300, 301 and 300A forms based on these records.

Gutwein Law would like to congratulate four of its attorneys for being named to The Best Lawyers in America 2024 list. Lawyers included in the list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional knowledge and experience, and undergo an authentication process to make sure they are in current practice and in good standing.

A recent Supreme Court ruling will lessen the burden that an employee must show to receive religious accommodations from an employer. In Groff v. DeJoy, the court unanimously held that an employer may deny an employee's request for a religious accommodation only if the employer can show that it would result in a substantial increased cost for the business. The case sets a higher bar for employers to deny accommodation requests and may lead to increased religious discrimination claims.

Employers in Illinois may soon have to be transparent about their pay scale and benefits on job postings. The Illinois General Assembly recently passed House Bill 3129 requiring employers to include pay scale and benefits in job postings. The Bill is expected to be signed by Governor J.B. Pritzker, and if signed, will take effect January 1, 2025. The Bill applies to positions that will be physically performed, at least in part, in Illinois, or will be physically performed outside of Illinois but the employee reports to a supervisor, office, or other work site in Illinois.

As an update to our previous blog post on the impacts of the Pregnant Workers Fairness Act (PWFA), the PWFA is officially in effect as of today June 27, 2023.

As a reminder, the PWFA requires employers who employ 15 or more employees during 20 or more work weeks to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth or related medical conditions.

As of today, if an employer violates the PWFA, employees will be able to file EEOC charges based on the failure to accommodate.