What is the OSHA ITA Non-Responder Enforcement Program?

A lot of businesses assume that if they quietly skip the 300A electronic submission, no one will notice. OSHA built a program specifically to notice. Here's how it works — and how to make sure you're never on the wrong end of it.

How OSHA knows who didn't file

OSHA already knows which establishments are expected to file. It has industry and size data, and it has a complete record of who submitted in prior years. When a covered establishment that filed last year doesn't show up this year, that gap is visible.

That's the basis of the Non-Responder Enforcement Program: OSHA compares who should have filed against who actually did, and follows up with the ones who didn't.

What the follow-up looks like

It generally escalates:

1. A reminder email to establishments that appear to be covered but haven't submitted.
2. A second notice if there's still no submission.
3. A citation for the recordkeeping violation if the establishment remains a non-responder.

The point of the early emails is to give you a chance to fix it before it becomes a penalty. If you get one, treat it as a deadline, not spam.

What a citation costs

An OSHA recordkeeping violation carries a penalty of up to $16,550 per violation (2025 figure, adjusted annually). That's the downside of ignoring the notices. The upside of acting is small by comparison — one filing.

How to stay off the list

• File on time. The 300A is due March 2; late submissions are accepted through December 31, but on-time is the goal.
• Know if you're covered. If you're not sure, the filing checker tells you in about 30 seconds.
• Don't let it ride year to year. The program specifically looks for establishments that filed before and then stopped — exactly the "lapsed filer" pattern.

The simplest way to never be a non-responder is to not have to remember. The filing checker confirms whether the filing applies, then RegFile tracks the deadline, drafts the 300A from your records, files it once you authorize, and reminds you next year.

Start the filing checker →

This is informational, not legal advice — verify against your adopted rule.