Federal and state jurisdiction — private vs. public employers
Wisconsin does not operate a state OSHA plan. Federal OSHA has jurisdiction over workplace safety for private-sector employers, enforcing standards under 29 U.S.C. §§ 651–678. Public-sector employees (state, agency, and political subdivision workers) receive equivalent protections under Wis. Stat. § 101.055, which requires the Wisconsin Department of Safety and Professional Services to adopt and enforce standards at least equal to federal OSHA standards. For private employers, contact federal OSHA's Wisconsin area offices; for public employers, DSPS administers inspections and enforcement.
Source: Wis. Stat. § 101.055 | OSHA State Plans
Public employer injury and illness recordkeeping — annual reporting and posting requirements
Wisconsin public employers (state agencies and political subdivisions) must maintain records of work-related injuries and illnesses and submit an annual summary to the Department of Safety and Professional Services (DSPS) under Wis. Stat. § 101.055(7)(a). These obligations layer on top of the federal OSHA recordkeeping framework under 29 C.F.R. Part 1904, with Wisconsin-specific deadlines and forms for the public sector.
Who must report
"Public employer" means the state, any state agency, or any political subdivision of the state — municipalities, counties, school districts, and other governmental entities. Wis. Stat. § 101.055(2)(d) defines the scope. Private-sector employers in Wisconsin are not subject to these state reporting rules; they follow federal OSHA recordkeeping requirements (or small-employer exemptions under 29 C.F.R. § 1904.1–1904.2) and report only to federal OSHA, not to DSPS.
Annual report — March 1 deadline
Each public employer must report work-related injuries and illnesses to DSPS for the previous calendar year by March 1 of each year. SPS 332.205(2) implements the statutory mandate and specifies the deadline. The report must be submitted on form SBD-10710 or an equivalent (the OSHA Form 300A summary is accepted). Public employers must file even if they had zero recordable injuries or illnesses during the year; enter "0" for cases if none occurred.
DSPS maintains an online reporting portal (the Electronic Safety and Licensing Application, eSLA) at https://esla.wi.gov/PortalCommunityLogin. Most public employers submit through that system. After submission, the employer receives a confirmation email with a printable version of the summary.
If DSPS does not receive the submission by the March 1 deadline, the department may issue orders and conduct a safety inspection.
Posting requirement — February 1 through April 30
The annual summary (form SBD-10710 or OSHA 300A equivalent) must be posted in the workplace where employee notices are customarily displayed. The posting period runs from February 1 through April 30 of the year following the calendar year covered by the report. For example, the 2025 calendar-year summary must be posted February 1–April 30, 2026.
This four-month posting obligation is a Wisconsin-specific overlay; federal OSHA's posting requirement for private employers runs February 1–April 30 as well under 29 C.F.R. § 1904.32(b)(6), so Wisconsin aligns the timeline for consistency.
Log and record retention — 5 years
Public employers must keep the injury and illness log (OSHA Form 300 or equivalent) and the annual summary on file for 5 years following the year to which they pertain. Wis. Stat. § 101.055(7)(a) requires the records be available to DSPS, the employer's employees, and employee representatives upon request. The statute incorporates patient health-care record confidentiality protections under Wis. Stat. §§ 146.82 and 146.83, so while aggregate data and the log are accessible, detailed medical records remain protected.
What must be recorded
Wisconsin public employers follow the federal OSHA injury and illness recording criteria in 29 C.F.R. § 1904.4–1904.7. An injury or illness is recordable if it is work-related (arising from an event or exposure in the work environment) and results in:
- Death;
- Days away from work;
- Restricted work or job transfer;
- Medical treatment beyond first aid; or
- Loss of consciousness.
Certain significant diagnosed conditions are also recordable even without lost time: cancer, chronic irreversible disease, fractured or cracked bone, punctured eardrum, needlestick injuries involving potentially infectious material, tuberculosis infections after workplace exposure, and medical removal under an OSHA health standard. See 29 C.F.R. § 1904.7.
SPS 332.205(1) excludes the small-employer and low-hazard-industry partial exemptions found in 29 C.F.R. §§ 1904.1 and 1904.2 from Wisconsin's public-sector rules, meaning all public employers must maintain logs and file annual summaries regardless of size or industry classification.
Relation to private-sector recordkeeping
Private employers in Wisconsin remain under federal OSHA jurisdiction for workplace safety. They maintain OSHA 300 logs and post the 300A summary under 29 C.F.R. Part 1904, but they do not submit annual reports to DSPS (unless they also have public-sector employees, in which case only the public-sector workforce triggers the Wisconsin reporting obligation). For an overview of federal versus state jurisdiction in Wisconsin, see the Federal and state jurisdiction section.
Source: Wis. Stat. § 101.055(7)(a) | SPS 332.205 | DSPS Public Safety — Injury & Illness Reporting