cfr_sections
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31 rows where agency = "OSHA" and part_number = 1904 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:5.1.1.1.4.1.17.1 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | A | Subpart A—Purpose | § 1904.0 Purpose. | OSHA | [82 FR 20548, May 3, 2017] | The purpose of this rule (part 1904) is to require employers to record and report work-related fatalities, injuries, and illnesses. Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible for workers' compensation or other benefits. | ||||
| 29:29:5.1.1.1.4.2.17.1 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | B | Subpart B—Scope | § 1904.1 Partial exemption for employers with 10 or fewer employees. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020] | (a) Basic requirement. (1) If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics informs you in writing that you must keep records under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any work-related incident that results in a fatality, the in-patient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye. (2) If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under § 1904.2. (b) Implementation —(1) Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company. (2) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had no more than 10 employees at any time in the last calendar year, your company qualifies for the partial exemption for size. | ||||
| 29:29:5.1.1.1.4.2.17.2 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | B | Subpart B—Scope | § 1904.2 Partial exemption for establishments in certain industries. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 79 FR 56186, Sept. 18, 2014] | (a) Basic requirement. (1) If your business establishment is classified in a specific industry group listed in appendix A to this subpart, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under § 1904.41 or § 1904.42. However, all employers must report to OSHA any workplace incident that results in an employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see § 1904.39). (2) If one or more of your company's establishments are classified in a non-exempt industry, you must keep OSHA injury and illness records for all of such establishments unless your company is partially exempted because of size under § 1904.1. (b) Implementation —(1) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records, while others may be partially exempt. (2) How do I determine the correct NAICS code for my company or for individual establishments? You can determine your NAICS code by using one of three methods, or you may contact your nearest OSHA office or State agency for help in determining your NAICS code: (i) You can use the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices. (ii) Rather than searching through a list of primary business activities, you may also view the … | ||||
| 29:29:5.1.1.1.4.2.17.3 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | B | Subpart B—Scope | § 1904.3 Keeping records for more than one agency. | OSHA | If you create records to comply with another government agency's injury and illness recordkeeping requirements, OSHA will consider those records as meeting OSHA's part 1904 recordkeeping requirements if OSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as this part 1904 requires you to record. You may contact your nearest OSHA office or State agency for help in determining whether your records meet OSHA's requirements. | |||||
| 29:29:5.1.1.1.4.3.17.1 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.4 Recording criteria. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91809, Dec. 19, 2016; 82 FR 20548, May 3, 2017] | (a) Basic requirement. Each employer required by this part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that: (1) Is work-related; and (2) Is a new case; and (3) Meets one or more of the general recording criteria of § 1904.7 or the application to specific cases of §§ 1904.8 through 1904.12. (b) Implementation —(1) What sections of this rule describe recording criteria for recording work-related injuries and illnesses? The table below indicates which sections of the rule address each topic. (i) Determination of work-relatedness. See § 1904.5. (ii) Determination of a new case. See § 1904.6. (iii) General recording criteria. See § 1904.7. (iv) Additional criteria. (Needlestick and sharps injury cases, tuberculosis cases, hearing loss cases, medical removal cases, and musculoskeletal disorder cases). See §§ 1904.8 through 1904.12. (2) How do I decide whether a particular injury or illness is recordable? The decision tree for recording work-related injuries and illnesses below shows the steps involved in making this determination. | ||||
| 29:29:5.1.1.1.4.3.17.10 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.29 Forms. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 66 FR 52034, Oct. 12, 2001; 67 FR 77170, Dec. 17, 2002; 68 FR 38607, June 30, 2003; 81 FR 91809, Dec. 19, 2016; 82 FR 20548, May 3, 2017] | (a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses, the 300-A is the Summary of Work-Related Injuries and Illnesses, and the OSHA 301 form is called the Injury and Illness Incident Report. (b) Implementation —(1) What do I need to do to complete the OSHA 300 Log? You must enter information about your business at the top of the OSHA 300 Log, enter a one or two line description for each recordable injury or illness, and summarize this information on the OSHA 300-A at the end of the year. (2) What do I need to do to complete the OSHA 301 Incident Report? You must complete an OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illness entered on the OSHA 300 Log. (3) How quickly must each injury or illness be recorded? You must enter each recordable injury or illness on the OSHA 300 Log and 301 Incident Report within seven (7) calendar days of receiving information that a recordable injury or illness has occurred. (4) What is an equivalent form? An equivalent form is one that has the same information, is as readable and understandable, and is completed using the same instructions as the OSHA form it replaces. Many employers use an insurance form instead of the OSHA 301 Incident Report, or supplement an insurance form by adding any additional information required by OSHA. (5) May I keep my records on a computer? Yes, if the computer can produce equivalent forms when they are needed, as described under §§ 1904.35 and 1904.40, you may keep your records using the computer system. (6) Are there situations where I do not put the employee's name on the forms for privacy reasons? Yes, if you have a “privacy concern case,” you may not enter the employee's name on the OSHA 300 Log. Instead, enter “privacy case” in the space normally used for the employee's name. This will protect the privacy of the injured or ill employee whe… | ||||
| 29:29:5.1.1.1.4.3.17.2 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.5 Determination of work-relatedness. | OSHA | (a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in § 1904.5(b)(2) specifically applies. (b) Implementation. (1) What is the “work environment”? OSHA defines the work environment as “the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.” (2) Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable. (3) How do I handle a case if it is not obvious whether the precipitating event or exposure occurred in the work environment or occurred away from work? In these situations, you must evaluate the employee's work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing condition. (4) How do I know if an event or exposure in the work environment “significantly aggravated” a preexisting injury or illness? A preexisting injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following: (i) Death, provided that the preexisting injury or illness would likely not have resulted in death but for the occupational event or exposure. (ii) Loss of consciousness, provided th… | |||||
| 29:29:5.1.1.1.4.3.17.3 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.6 Determination of new cases. | OSHA | (a) Basic requirement. You must consider an injury or illness to be a “new case” if: (1) The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body, or (2) The employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear. (b) Implementation —(1) When an employee experiences the signs or symptoms of a chronic work-related illness, do I need to consider each recurrence of signs or symptoms to be a new case? No, for occupational illnesses where the signs or symptoms may recur or continue in the absence of an exposure in the workplace, the case must only be recorded once. Examples may include occupational cancer, asbestosis, byssinosis and silicosis. (2) When an employee experiences the signs or symptoms of an injury or illness as a result of an event or exposure in the workplace, such as an episode of occupational asthma, must I treat the episode as a new case? Yes, because the episode or recurrence was caused by an event or exposure in the workplace, the incident must be treated as a new case. (3) May I rely on a physician or other licensed health care professional to determine whether a case is a new case or a recurrence of an old case? You are not required to seek the advice of a physician or other licensed health care professional. However, if you do seek such advice, you must follow the physician or other licensed health care professional's recommendation about whether the case is a new case or a recurrence. If you receive recommendations from two or more physicians or other licensed health care professionals, you must make a decision as to which recommendation is the most authoritative (best documented, best reasoned, or most authoritative), and record the case based upon that re… | |||||
| 29:29:5.1.1.1.4.3.17.4 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.7 General recording criteria. | OSHA | (a) Basic requirement. You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. (b) Implementation —(1) How do I decide if a case meets one or more of the general recording criteria? A work-related injury or illness must be recorded if it results in one or more of the following: (i) Death. See § 1904.7(b)(2). (ii) Days away from work. See § 1904.7(b)(3). (iii) Restricted work or transfer to another job. See § 1904.7(b)(4). (iv) Medical treatment beyond first aid. See § 1904.7(b)(5). (v) Loss of consciousness. See § 1904.7(b)(6). (vi) A significant injury or illness diagnosed by a physician or other licensed health care professional. See § 1904.7(b)(7). (2) How do I record a work-related injury or illness that results in the employee's death? You must record an injury or illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death. You must also report any work-related fatality to OSHA within eight (8) hours, as required by § 1904.39. (3) How do I record a work-related injury or illness that results in days away from work? When an injury or illness involves one or more days away from work, you must record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days t… | |||||
| 29:29:5.1.1.1.4.3.17.5 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.8 Recording criteria for needlestick and sharps injuries. | OSHA | (a) Basic requirement. You must record all work-related needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (as defined by 29 CFR 1910.1030). You must enter the case on the OSHA 300 Log as an injury. To protect the employee's privacy, you may not enter the employee's name on the OSHA 300 Log (see the requirements for privacy cases in paragraphs 1904.29(b)(6) through 1904.29(b)(9)). (b) Implementation —(1) What does “other potentially infectious material” mean? The term “other potentially infectious materials” is defined in the OSHA Bloodborne Pathogens standard at § 1910.1030(b). These materials include: (i) Human bodily fluids, tissues and organs, and (ii) Other materials infected with the HIV or hepatitis B (HBV) virus such as laboratory cultures or tissues from experimental animals. (2) Does this mean that I must record all cuts, lacerations, punctures, and scratches? No, you need to record cuts, lacerations, punctures, and scratches only if they are work-related and involve contamination with another person's blood or other potentially infectious material. If the cut, laceration, or scratch involves a clean object, or a contaminant other than blood or other potentially infectious material, you need to record the case only if it meets one or more of the recording criteria in § 1904.7. (3) If I record an injury and the employee is later diagnosed with an infectious bloodborne disease, do I need to update the OSHA 300 Log? Yes, you must update the classification of the case on the OSHA 300 Log if the case results in death, days away from work, restricted work, or job transfer. You must also update the description to identify the infectious disease and change the classification of the case from an injury to an illness. (4) What if one of my employees is splashed or exposed to blood or other potentially infectious material without being cut or scratched? Do I need to record this incident? You need to record suc… | |||||
| 29:29:5.1.1.1.4.3.17.6 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.9 Recording criteria for cases involving medical removal under OSHA standards. | OSHA | (a) Basic requirement. If an employee is medically removed under the medical surveillance requirements of an OSHA standard, you must record the case on the OSHA 300 Log. (b) Implementation —(1) How do I classify medical removal cases on the OSHA 300 Log? You must enter each medical removal case on the OSHA 300 Log as either a case involving days away from work or a case involving restricted work activity, depending on how you decide to comply with the medical removal requirement. If the medical removal is the result of a chemical exposure, you must enter the case on the OSHA 300 Log by checking the “poisoning” column. (2) Do all of OSHA's standards have medical removal provisions? No, some OSHA standards, such as the standards covering bloodborne pathogens and noise, do not have medical removal provisions. Many OSHA standards that cover specific chemical substances have medical removal provisions. These standards include, but are not limited to, lead, cadmium, methylene chloride, formaldehyde, and benzene. (3) Do I have to record a case where I voluntarily removed the employee from exposure before the medical removal criteria in an OSHA standard are met? No, if the case involves voluntary medical removal before the medical removal levels required by an OSHA standard, you do not need to record the case on the OSHA 300 Log. | |||||
| 29:29:5.1.1.1.4.3.17.7 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.10 Recording criteria for cases involving occupational hearing loss. | OSHA | [67 FR 44047, July 1, 2002, as amended at 67 FR 77170, Dec. 17, 2002; 84 FR 21457, May 14, 2019] | (a) Basic requirement. If an employee's hearing test (audiogram) reveals that the employee has experienced a work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee's total hearing level is 25 decibels (dB) or more above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS, you must record the case on the OSHA 300 Log. (b) Implementation —(1) What is a Standard Threshold Shift? A Standard Threshold Shift, or STS, is defined in the occupational noise exposure standard at 29 CFR 1910.95(g)(10)(i) as a change in hearing threshold, relative to the baseline audiogram for that employee, of an average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz) in one or both ears. (2) How do I evaluate the current audiogram to determine whether an employee has an STS and a 25-dB hearing level? —(i) STS. If the employee has never previously experienced a recordable hearing loss, you must compare the employee's current audiogram with that employee's baseline audiogram. If the employee has previously experienced a recordable hearing loss, you must compare the employee's current audiogram with the employee's revised baseline audiogram (the audiogram reflecting the employee's previous recordable hearing loss case). (ii) 25-dB loss. Audiometric test results reflect the employee's overall hearing ability in comparison to audiometric zero. Therefore, using the employee's current audiogram, you must use the average hearing level at 2000, 3000, and 4000 Hz to determine whether or not the employee's total hearing level is 25 dB or more. (3) May I adjust the current audiogram to reflect the effects of aging on hearing? Yes. When you are determining whether an STS has occurred, you may age adjust the employee's current audiogram results by using Tables F-1 or F-2, as appropriate, in appendix F of 29 CFR 1910.95. You may not use an age adjustment when determining whether the employee's total hearing level is 25 dB or more above audiometric zero. … | ||||
| 29:29:5.1.1.1.4.3.17.8 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | § 1904.11 Recording criteria for work-related tuberculosis cases. | OSHA | (a) Basic requirement. If any of your employees has been occupationally exposed to anyone with a known case of active tuberculosis (TB), and that employee subsequently develops a tuberculosis infection, as evidenced by a positive skin test or diagnosis by a physician or other licensed health care professional, you must record the case on the OSHA 300 Log by checking the “respiratory condition” column. (b) Implementation —(1) Do I have to record, on the Log, a positive TB skin test result obtained at a pre-employment physical? No, you do not have to record it because the employee was not occupationally exposed to a known case of active tuberculosis in your workplace. (2) May I line-out or erase a recorded TB case if I obtain evidence that the case was not caused by occupational exposure? Yes, you may line-out or erase the case from the Log under the following circumstances: (i) The worker is living in a household with a person who has been diagnosed with active TB; (ii) The Public Health Department has identified the worker as a contact of an individual with a case of active TB unrelated to the workplace; or (iii) A medical investigation shows that the employee's infection was caused by exposure to TB away from work, or proves that the case was not related to the workplace TB exposure. | |||||
| 29:29:5.1.1.1.4.3.17.9 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | C | Subpart C—Recordkeeping Forms and Recording Criteria | §§ 1904.13-1904.28 [Reserved] | OSHA | ||||||
| 29:29:5.1.1.1.4.4.17.1 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.30 Multiple business establishments. | OSHA | (a) Basic requirement. You must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer. (b) Implementation —(1) Do I need to keep OSHA injury and illness records for short-term establishments (i.e., establishments that will exist for less than a year)? Yes, however, you do not have to keep a separate OSHA 300 Log for each such establishment. You may keep one OSHA 300 Log that covers all of your short-term establishments. You may also include the short-term establishments' recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions or geographic regions. (2) May I keep the records for all of my establishments at my headquarters location or at some other central location? Yes, you may keep the records for an establishment at your headquarters or other central location if you can: (i) Transmit information about the injuries and illnesses from the establishment to the central location within seven (7) calendar days of receiving information that a recordable injury or illness has occurred; and (ii) Produce and send the records from the central location to the establishment within the time frames required by §§ 1904.35 and 1904.40 when you are required to provide records to a government representative, employees, former employees or employee representatives. (3) Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees? You must link each of your employees with one of your establishments, for recordkeeping purposes. You must record the injury and illness on the OSHA 300 Log of the injured or ill employee's establishment, or on an OSHA 300 Log that covers that employee's short-term establishment. (4) How do I record an injury or illness when an employee of one of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from any o… | |||||
| 29:29:5.1.1.1.4.4.17.2 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.31 Covered employees. | OSHA | (a) Basic requirement. You must record on the OSHA 300 Log the recordable injuries and illnesses of all employees on your payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You also must record the recordable injuries and illnesses that occur to employees who are not on your payroll if you supervise these employees on a day-to-day basis. If your business is organized as a sole proprietorship or partnership, the owner or partners are not considered employees for recordkeeping purposes. (b) Implementation —(1) If a self-employed person is injured or becomes ill while doing work at my business, do I need to record the injury or illness? No, self-employed individuals are not covered by the OSH Act or this regulation. (2) If I obtain employees from a temporary help service, employee leasing service, or personnel supply service, do I have to record an injury or illness occurring to one of those employees? You must record these injuries and illnesses if you supervise these employees on a day-to-day basis. (3) If an employee in my establishment is a contractor's employee, must I record an injury or illness occurring to that employee? If the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee's work on a day-to-day basis, you must record the injury or illness. (4) Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased or contract employees that I supervise on a day-to-day basis? No, you and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer's OSHA 300 Log (if that company provides day-to-d… | |||||
| 29:29:5.1.1.1.4.4.17.3 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.32 Annual summary. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017; 85 FR 8731, Feb. 18, 2020] | (a) Basic requirement. At the end of each calendar year, you must: (1) Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified; (2) Create an annual summary of injuries and illnesses recorded on the OSHA 300 Log; (3) Certify the summary; and (4) Post the annual summary. (b) Implementation —(1) How extensively do I have to review the OSHA 300 Log entries at the end of the year? You must review the entries as extensively as necessary to make sure that they are complete and correct. (2) How do I complete the annual summary? You must: (i) Total the columns on the OSHA 300 Log (if you had no recordable cases, enter zeros for each column total); and (ii) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the OSHA 300 Log, and the total hours worked by all employees covered by the OSHA 300 Log. (iii) If you are using an equivalent form other than the OSHA 300-A summary form, as permitted under § 1904.29(b)(4), the summary you use must also include the employee access and employer penalty statements found on the OSHA 300-A Summary form. (3) How do I certify the annual summary? A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete. (4) Who is considered a company executive? The company executive who certifies the log must be one of the following persons: (i) An owner of the company (only if the company is a sole proprietorship or partnership); (ii) An officer of the corporation; (iii) The highest ranking company official working at the establishment; or (iv) The immediate supervisor of the highest ranking company official working at the establishment. (5) How do I post the annual summary? You must post a copy of the annual summary in each establishmen… | ||||
| 29:29:5.1.1.1.4.4.17.4 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.33 Retention and updating. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017] | (a) Basic requirement. You must save the OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that these records cover. (b) Implementation —(1) Do I have to update the OSHA 300 Log during the five-year storage period? Yes, during the storage period, you must update your stored OSHA 300 Logs to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information. (2) Do I have to update the annual summary? No, you are not required to update the annual summary, but you may do so if you wish. (3) Do I have to update the OSHA 301 Incident Reports? No, you are not required to update the OSHA 301 Incident Reports, but you may do so if you wish. | ||||
| 29:29:5.1.1.1.4.4.17.5 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.34 Change in business ownership. | OSHA | [82 FR 20549, May 3, 2017] | If your business changes ownership, you are responsible for recording and reporting work-related injuries and illnesses only for that period of the year during which you owned the establishment. You must transfer the part 1904 records to the new owner. The new owner must save all records of the establishment kept by the prior owner, as required by § 1904.33 of this part, but need not update or correct the records of the prior owner. | ||||
| 29:29:5.1.1.1.4.4.17.6 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.35 Employee involvement. | OSHA | [81 FR 29691, May 12, 2016; 81 FR 31854, May 20, 2016, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017] | (a) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in several ways. (1) You must inform each employee of how he or she is to report a work-related injury or illness to you. (2) You must provide employees with the information described in paragraph (b)(1)(iii) of this section. (3) You must provide access to your injury and illness records for your employees and their representatives as described in paragraph (b)(2) of this section. (b) Implementation —(1) What must I do to make sure that employees report work-related injuries and illnesses to me? (i) You must establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness; (ii) You must inform each employee of your procedure for reporting work-related injuries and illnesses; (iii) You must inform each employee that: (A) Employees have the right to report work-related injuries and illnesses; and (B) Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses; and (iv) You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness. (2) Do I have to give my employees and their representatives access to the OSHA injury and illness records? Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations, as discussed below. (i) Who is an authorized employee representative? An authorized employee representative is an authorized collective bargaining agent of employees. (ii) Who is a “personal representative” of an employee or former employee? A personal representative is: (A) Any person that the employee or former employee desig… | ||||
| 29:29:5.1.1.1.4.4.17.7 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.36 Prohibition against discrimination. | OSHA | [81 FR 29692, May 12, 2016] | In addition to § 1904.35, section 11(c) of the OSH Act also prohibits you from discriminating against an employee for reporting a work-related fatality, injury, or illness. That provision of the Act also protects the employee who files a safety and health complaint, asks for access to the part 1904 records, or otherwise exercises any rights afforded by the OSH Act. | ||||
| 29:29:5.1.1.1.4.4.17.8 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.37 State recordkeeping regulations. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 80 FR 49904, Aug. 18, 2015] | (a) Basic requirement. Some States operate their own OSHA programs, under the authority of a State plan as approved by OSHA. States operating OSHA-approved State plans must have occupational injury and illness recording and reporting requirements that are substantially identical to the requirements in this part (see 29 CFR 1902.3(j), 29 CFR 1902.7, and 29 CFR 1956.10(i)). (b) Implementation. (1) State-Plan States must have the same requirements as Federal OSHA for determining which injuries and illnesses are recordable and how they are recorded. (2) For other part 1904 provisions (for example, industry exemptions, reporting of fatalities and hospitalizations, record retention, or employee involvement), State-Plan State requirements may be more stringent than or supplemental to the Federal requirements, but because of the unique nature of the national recordkeeping program, States must consult with and obtain approval of any such requirements. (3) Although State and local government employees are not covered Federally, all State-Plan States must provide coverage, and must develop injury and illness statistics, for these workers. State Plan recording and reporting requirements for State and local government entities may differ from those for the private sector but must meet the requirements of paragraphs 1904.37(b)(1) and (b)(2). (4) A State-Plan State may not issue a variance to a private sector employer and must recognize all variances issued by Federal OSHA. (5) A State Plan State may only grant an injury and illness recording and reporting variance to a State or local government employer within the State after obtaining approval to grant the variance from Federal OSHA. | ||||
| 29:29:5.1.1.1.4.4.17.9 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | D | Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements | § 1904.38 Variances from the recordkeeping rule. | OSHA | (a) Basic requirement. If you wish to keep records in a different manner from the manner prescribed by the part 1904 regulations, you may submit a variance petition to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, Washington, DC 20210. You can obtain a variance only if you can show that your alternative recordkeeping system: (1) Collects the same information as this part requires; (2) Meets the purposes of the Act; and (3) Does not interfere with the administration of the Act. (b) Implementation —(1) What do I need to include in my variance petition? You must include the following items in your petition: (i) Your name and address; (ii) A list of the State(s) where the variance would be used; (iii) The address(es) of the business establishment(s) involved; (iv) A description of why you are seeking a variance; (v) A description of the different recordkeeping procedures you propose to use; (vi) A description of how your proposed procedures will collect the same information as would be collected by this part and achieve the purpose of the Act; and (vii) A statement that you have informed your employees of the petition by giving them or their authorized representative a copy of the petition and by posting a statement summarizing the petition in the same way as notices are posted under § 1903.2(a). (2) How will the Assistant Secretary handle my variance petition? The Assistant Secretary will take the following steps to process your variance petition. (i) The Assistant Secretary will offer your employees and their authorized representatives an opportunity to submit written data, views, and arguments about your variance petition. (ii) The Assistant Secretary may allow the public to comment on your variance petition by publishing the petition in the Federal Register. If the petition is published, the notice will establish a public comment period and may include a schedule for a public meeting on the petition. (iii) After reviewing your variance petit… | |||||
| 29:29:5.1.1.1.4.5.17.1 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | E | Subpart E—Reporting Fatality, Injury and Illness Information to the Government | § 1904.39 Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA. | OSHA | [79 FR 56187, Sept. 18, 2014] | (a) Basic requirement. (1) Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. (2) Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA. (3) You must report the fatality, in-patient hospitalization, amputation, or loss of an eye using one of the following methods: (i) By telephone or in person to the OSHA Area Office that is nearest to the site of the incident. (ii) By telephone to the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742). (iii) By electronic submission using the reporting application located on OSHA's public Web site at www.osha.gov. (b) Implementation —(1) If the Area Office is closed, may I report the fatality, in-patient hospitalization, amputation, or loss of an eye by leaving a message on OSHA's answering machine, faxing the Area Office, or sending an email? No, if the Area Office is closed, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye using either the 800 number or the reporting application located on OSHA's public Web site at www.osha.gov. (2) What information do I need to give to OSHA about the in-patient hospitalization, amputation, or loss of an eye? You must give OSHA the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye: (i) The establishment name; (ii) The location of the work-related incident; (iii) The time of the work-related incident; (iv) The type of reportable event ( i.e. , fatality, in-patient hospitalization, amputation, or loss of an eye); (v) The number of employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye; (vi) The names … | ||||
| 29:29:5.1.1.1.4.5.17.2 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | E | Subpart E—Reporting Fatality, Injury and Illness Information to the Government | § 1904.40 Providing records to government representatives. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017] | (a) Basic requirement. When an authorized government representative asks for the records you keep under part 1904, you must provide copies of the records within four (4) business hours. (b) Implementation —(1) What government representatives have the right to get copies of my part 1904 records? The government representatives authorized to receive the records are: (i) A representative of the Secretary of Labor conducting an inspection or investigation under the Act; (ii) A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health—NIOSH) conducting an investigation under section 20(b) of the Act, or (iii) A representative of a State agency responsible for administering a State plan approved under section 18 of the Act. (2) Do I have to produce the records within four (4) hours if my records are kept at a location in a different time zone? OSHA will consider your response to be timely if you give the records to the government representative within four (4) business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline. | ||||
| 29:29:5.1.1.1.4.5.17.3 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | E | Subpart E—Reporting Fatality, Injury and Illness Information to the Government | § 1904.41 Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA. | OSHA | [81 FR 29692, May 12, 2016, as amended at 82 FR 55765, Nov. 24, 2017; 84 FR 405, Jan. 25, 2019; 88 FR 47346, July 21, 2023] | (a) Basic requirements —(1) Annual electronic submission of information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses. (i) If your establishment had 20-249 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from 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 paragraph (c) of this section of the year after the calendar year covered by the form. (ii) 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 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 paragraph (c) of this section of the year after the calendar year covered by the form. (2) Annual electronic submission of information from OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by establishments with 100 or more employees in designated industries. If your establishment had 100 or more employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix B to subpart E of this part, then you must electronically submit information from OSHA Forms 300 and 301 to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms. (3) Electronic submission of part 1904 records upon notification. Upon notification, you must electronically submit the requested information from your part 1904 records to OSHA or OSHA's designee. (4) Electronic submission of t… | ||||
| 29:29:5.1.1.1.4.5.17.4 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | E | Subpart E—Reporting Fatality, Injury and Illness Information to the Government | § 1904.42 Requests from the Bureau of Labor Statistics for data. | OSHA | (a) Basic requirement. If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it following the instructions contained on the survey form. (b) Implementation —(1) Does every employer have to send data to the BLS? No, each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to send injury and illness data to the BLS unless you receive a survey form. (2) If I get a survey form from the BLS, what do I have to do? If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it, following the instructions contained on the survey form. (3) Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records? Yes, even if you are exempt from keeping injury and illness records under § 1904.1 to § 1904.3, the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records required by § 1904.5 to § 1904.15 and make a survey report for the year covered by the survey. (4) Do I have to answer the BLS survey form if I am located in a State-Plan State? Yes, all employers who receive a survey form must respond to the survey, even those in State-Plan States. | |||||
| 29:29:5.1.1.1.4.6.17.1 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | F | Subpart F—Transition From the Former Rule | § 1904.43 Summary and posting of the 2001 data. | OSHA | (a) Basic requirement. If you were required to keep OSHA 200 Logs in 2001, you must post a 2000 annual summary from the OSHA 200 Log of occupational injuries and illnesses for each establishment. (b) Implementation —(1) What do I have to include in the summary? (i) You must include a copy of the totals from the 2001 OSHA 200 Log and the following information from that form: (A) The calendar year covered; (B) Your company name; (C) The name and address of the establishment; and (D) The certification signature, title and date. (ii) If no injuries or illnesses occurred at your establishment in 2001, you must enter zeros on the totals line and post the 2001 summary. (2) When am I required to summarize and post the 2001 information? (i) You must complete the summary by February 1, 2002; and (ii) You must post a copy of the summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the summary is not altered, defaced or covered by other material. (3) You must post the 2001 summary from February 1, 2002 to March 1, 2002. | |||||
| 29:29:5.1.1.1.4.6.17.2 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | F | Subpart F—Transition From the Former Rule | § 1904.44 Retention and updating of old forms. | OSHA | You must save your copies of the OSHA 200 and 101 forms for five years following the year to which they relate and continue to provide access to the data as though these forms were the OSHA 300 and 301 forms. You are not required to update your old 200 and 101 forms. | |||||
| 29:29:5.1.1.1.4.6.17.3 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | F | Subpart F—Transition From the Former Rule | § 1904.45 OMB control numbers under the Paperwork Reduction Act | OSHA | The following sections each contain a collection of information requirement which has been approved by the Office of Management and Budget under the control number listed | |||||
| 29:29:5.1.1.1.4.7.17.1 | 29 | Labor | XVII | 1904 | PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES | G | Subpart G—Definitions | § 1904.46 Definitions. | OSHA | [66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020] | The Act. The Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq. ). The definitions contained in section 3 of the Act (29 U.S.C. 652) and related interpretations apply to such terms when used in this part 1904. Establishment. An establishment is a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities. (1) Can one business location include two or more establishments? Normally, one business location has only one establishment. Under limited conditions, the employer may consider two or more separate businesses that share a single location to be separate establishments. An employer may divide one location into two or more establishments only when: (i) Each of the establishments represents a distinctly separate business; (ii) Each business is engaged in a different economic activity; (iii) No one industry description in the North American Industry Classification System (2007) codes applies to the joint activities of the establishments; and (iv) Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment. (2) Can an establishment include more than one physical location? Yes, but only under certain conditions. An employer may combine two or more physical locations into a single establishment only when: (i) The employer operates the locations as a single business operation under c… |
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