PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of Labor's Orders No. 3-2000 (65 FR 50017) and 1-2012 (77 FR 3912), as applicable, and 5 U.S.C. 553. Source: 66 FR 6122, Jan. 19, 2001, unless otherwise noted. Editorial Note: At 82 FR 20548, May 3, 2017, as required by the Congressional Review Act and Public Law 115-21, the Occupational Safety and Health Administration removed all amendments to part 1904 published at 81 FR 91792, Dec. 19, 2016. Subpart A—Purpose § 1904.0 Purpose. The purpose of this rule (part 1904) is to require employers to record and report work-related fatalities, injuries, and illnesses. Note to § 1904.0: 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. [82 FR 20548, May 3, 2017] Subpart B—Scope Note to subpart B: All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by these part 1904 regulations. However, most employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping OSHA injury and illness records. § 1904.1 Partial exemption for employers with 10 or fewer employees. (a) Basic requirement. (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 Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? (2) How do I determine the size of my company to find out if I qualify for the partial exemption for size? [66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020] § 1904.2 Partial exemption for establishments in certain industries. (a) Basic requirement. (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 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? (2) How do I determine the correct NAICS code for my company or for individual establishments? (i) You can use the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. (ii) Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. (iii) If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the “Concordances” link at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. [66 FR 6122, Jan. 19, 2001, as amended at 79 FR 56186, Sept. 18, 2014] § 1904.3 Keeping records for more than one agency. 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. Non-Mandatory Appendix A to Subpart B of Part 1904—Partially Exempt Industries Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, 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 employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see § 1904.39). NAICS Code Industry 4412 Other Motor Vehicle Dealers. 4431 Electronics and Appliance Stores. 4461 Health and Personal Care Stores. 4471 Gasoline Stations. 4481 Clothing Stores. 4482 Shoe Stores. 4483 Jewelry, Luggage, and Leather Goods Stores. 4511 Sporting Goods, Hobby, and Musical Instrument Stores. 4512 Book, Periodical, and Music Stores. 4531 Florists. 4532 Office Supplies, Stationery, and Gift Stores. 4812 Nonscheduled Air Transportation. 4861 Pipeline Transportation of Crude Oil. 4862 Pipeline Transportation of Natural Gas. 4869 Other Pipeline Transportation. 4879 Scenic and Sightseeing Transportation, Other. 4885 Freight Transportation Arrangement. 5111 Newspaper, Periodical, Book, and Directory Publishers. 5112 Software Publishers. 5121 Motion Picture and Video Industries. 5122 Sound Recording Industries. 5151 Radio and Television Broadcasting. 5172 Wireless Telecommunications Carriers (except Satellite). 5173 Telecommunications Resellers. 5179 Other Telecommunications. 5181 Internet Service Providers and Web Search Portals. 5182 Data Processing, Hosting, and Related Services. 5191 Other Information Services. 5211 Monetary Authorities—Central Bank. 5221 Depository Credit Intermediation. 5222 Nondepository Credit Intermediation. 5223 Activities Related to Credit Intermediation. 5231 Securities and Commodity Contracts Intermediation and Brokerage. 5232 Securities and Commodity Exchanges. 5239 Other Financial Investment Activities. 5241 Insurance Carriers. 5242 Agencies, Brokerages, and Other Insurance Related Activities. 5251 Insurance and Employee Benefit Funds. 5259 Other Investment Pools and Funds. 5312 Offices of Real Estate Agents and Brokers. 5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works). 5411 Legal Services. 5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services. 5413 Architectural, Engineering, and Related Services. 5414 Specialized Design Services. 5415 Computer Systems Design and Related Services. 5416 Management, Scientific, and Technical Consulting Services. 5417 Scientific Research and Development Services. 5418 Advertising and Related Services. 5511 Management of Companies and Enterprises. 5611 Office Administrative Services. 5614 Business Support Services. 5615 Travel Arrangement and Reservation Services. 5616 Investigation and Security Services. 6111 Elementary and Secondary Schools. 6112 Junior Colleges. 6113 Colleges, Universities, and Professional Schools. 6114 Business Schools and Computer and Management Training. 6115 Technical and Trade Schools. 6116 Other Schools and Instruction. 6117 Educational Support Services. 6211 Offices of Physicians. 6212 Offices of Dentists. 6213 Offices of Other Health Practitioners. 6214 Outpatient Care Centers. 6215 Medical and Diagnostic Laboratories. 6244 Child Day Care Services. 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures. 7115 Independent Artists, Writers, and Performers. 7213 Rooming and Boarding Houses. 7221 Full-Service Restaurants. 7222 Limited-Service Eating Places. 7224 Drinking Places (Alcoholic Beverages). 8112 Electronic and Precision Equipment Repair and Maintenance. 8114 Personal and Household Goods Repair and Maintenance. 8121 Personal Care Services. 8122 Death Care Services. 8131 Religious Organizations. 8132 Grantmaking and Giving Services. 8133 Social Advocacy Organizations. 8134 Civic and Social Organizations. 8139 Business, Professional, Labor, Political, and Similar Organizations. [79 FR 56186, Sept. 18, 2014] Subpart C—Recordkeeping Forms and Recording Criteria Note to subpart C: This subpart describes the work-related injuries and illnesses that an employer must enter into the OSHA records and explains the OSHA forms that employers must use to record work-related fatalities, injuries, and illnesses. § 1904.4 Recording criteria. (a) Basic requirement. (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 What sections of this rule describe recording criteria for recording work-related injuries and illnesses? (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? [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91809, Dec. 19, 2016; 82 FR 20548, May 3, 2017] § 1904.5 Determination of work-relatedness. (a) Basic requirement. (b) Implementation. (2) Are there situations where an injury or illness occurs in the work environment and is not considered work-related? 1904.5(b)(2) You are not required to record injuries and illnesses if . . . (i) At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee. (ii) The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment. (iii) The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball. (iv) The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer's establishment, the case would not be considered work-related. Note: (v) The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours. (vi) The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted. (vii) The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work. (viii) The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work). (ix) The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related. (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? (4) How do I know if an event or exposure in the work environment “significantly aggravated” a preexisting injury or illness? (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 that the preexisting injury or illness would likely not have resulted in loss of consciousness but for the occupational event or exposure. (iii) One or more days away from work, or days of restricted work, or days of job transfer that otherwise would not have occurred but for the occupational event or exposure. (iv) Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure. (5) Which injuries and illnesses are considered pre-existing conditions? (6) How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs? Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if they meet one of the exceptions listed below. 1904.5 (b)(6) If the employee has . . . You may use the following to determine if an injury or illness is work-related (i) checked into a hotel or motel for one or more days When a traveling employee checks into a hotel, motel, or into an other temporary residence, he or she establishes a “home away from home.” You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for their work-relatedness in the same manner as you evaluate the activities of a non-traveling employee. When the employee checks into the temporary residence, he or she is considered to have left the work environment. When the employee begins work each day, he or she re-enters the work environment. If the employee has established a “home away from home” and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location. (ii) taken a detour for personal reasons Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel ( e.g., (7) How do I decide if a case is work-related when the employee is working at home? § 1904.6 Determination of new cases. (a) Basic requirement. (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 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? (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? (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? § 1904.7 General recording criteria. (a) Basic requirement. (b) Implementation How do I decide if a case meets one or more of the general recording criteria? (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? (3) How do I record a work-related injury or illness that results in days away from work? (i) Do I count the day on which the injury occurred or the illness began? (ii) How do I record an injury or illness when a physician or other licensed health care professional recommends that the worker stay at home but the employee comes to work anyway? (iii) How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway? (iv) How do I count weekends, holidays, or other days the employee would not have worked anyway? (v) How do I record a case in which a worker is injured or becomes ill on a Friday and reports to work on a Monday, and was not scheduled to work on the weekend? (vi) How do I record a case in which a worker is injured or becomes ill on the day before scheduled time off such as a holiday, a planned vacation, or a temporary plant closing? (vii) Is there a limit to the number of days away from work I must count? (viii) May I stop counting days if an employee who is away from work because of an injury or illness retires or leaves my company? (ix) If a case occurs in one year but results in days away during the next calendar year, do I record the case in both years? (4) How do I record a work-related injury or illness that results in restricted work or job transfer? (i) How do I decide if the injury or illness resulted in restricted work? (A) You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work; or (B) A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work. (ii) What is meant by “routine functions”? (iii) Do I have to record restricted work or job transfer if it applies only to the day on which the injury occurred or the illness began? (iv) If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a “restricted work” case? (v) How do I record a case where the worker works only for a partial work shift because of a work-related injury or illness? (vi) If the injured or ill worker produces fewer goods or services than he or she would have produced prior to the injury or illness but otherwise performs all of the routine functions of his or her work, is the case considered a restricted work case? (vii) How do I handle vague restrictions from a physician or other licensed health care professional, such as that the employee engage only in “light duty” or “take it easy for a week”? (viii) What do I do if a physician or other licensed health care professional recommends a job restriction meeting OSHA's definition, but the employee does all of his or her routine job functions anyway? (ix) How do I decide if an injury or illness involved a transfer to another job? (x) Are transfers to another job recorded in the same way as restricted work cases? (xi) How do I count days of job transfer or restriction? (5) How do I record an injury or illness that involves medical treatment beyond first aid? (i) What is the definition of medical treatment? (A) Visits to a physician or other licensed health care professional solely for observation or counseling; (B) The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes ( e.g., (C) “First aid” as defined in paragraph (b)(5)(ii) of this section. (ii) What is “first aid”? (A) Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes); (B) Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment); (C) Cleaning, flushing or soaking wounds on the surface of the skin; (D) Using wound coverings such as bandages, Band-Aids TM TM (E) Using hot or cold therapy; (F) Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes); (G) Using temporary immobilization devices while transporting an accident victim ( e.g., (H) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister; (I) Using eye patches; (J) Removing foreign bodies from the eye using only irrigation or a cotton swab; (K) Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means; (L) Using finger guards; (M) Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or (N) Drinking fluids for relief of heat stress. (iii) Are any other procedures included in first aid? (iv) Does the professional status of the person providing the treatment have any effect on what is considered first aid or medical treatment? (v) What if a physician or other licensed health care professional recommends medical treatment but the employee does not follow the recommendation? (6) Is every work-related injury or illness case involving a loss of consciousness recordable? (7) What is a “significant” diagnosed injury or illness that is recordable under the general criteria 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? Note to § 1904.7: OSHA believes that most significant injuries and illnesses will result in one of the criteria listed in § 1904.7(a): death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as byssinosis, silicosis, and some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. OSHA believes that cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case. § 1904.8 Recording criteria for needlestick and sharps injuries. (a) Basic requirement. (b) Implementation What does “other potentially infectious material” mean? (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? (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? (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? (i) It results in the diagnosis of a bloodborne illness, such as HIV, hepatitis B, or hepatitis C; or (ii) It meets one or more of the recording criteria in § 1904.7. § 1904.9 Recording criteria for cases involving medical removal under OSHA standards. (a) Basic requirement. (b) Implementation How do I classify medical removal cases on the OSHA 300 Log? (2) Do all of OSHA's standards have medical removal provisions? (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? § 1904.10 Recording criteria for cases involving occupational hearing loss. (a) Basic requirement. (b) Implementation What is a Standard Threshold Shift? (2) How do I evaluate the current audiogram to determine whether an employee has an STS and a 25-dB hearing level? STS. (ii) 25-dB loss. (3) May I adjust the current audiogram to reflect the effects of aging on hearing? (4) Do I have to record the hearing loss if I am going to retest the employee's hearing? (5) Are there any special rules for determining whether a hearing loss case is work-related? (6) If a physician or other licensed health care professional determines the hearing loss is not work-related, do I still need to record the case? (7) How do I complete the 300 Log for a hearing loss case? (Note: § 1904.10(b)(7) is effective beginning January 1, 2004.) [67 FR 44047, July 1, 2002, as amended at 67 FR 77170, Dec. 17, 2002; 84 FR 21457, May 14, 2019] § 1904.11 Recording criteria for work-related tuberculosis cases. (a) Basic requirement. (b) Implementation Do I have to record, on the Log, a positive TB skin test result obtained at a pre-employment physical? (2) May I line-out or erase a recorded TB case if I obtain evidence that the case was not caused by occupational exposure? (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. §§ 1904.13-1904.28 [Reserved] § 1904.29 Forms. (a) Basic requirement. (b) Implementation What do I need to do to complete the OSHA 300 Log? (2) What do I need to do to complete the OSHA 301 Incident Report? (3) How quickly must each injury or illness be recorded? (4) What is an equivalent form? (5) May I keep my records on a computer? (6) Are there situations where I do not put the employee's name on the forms for privacy reasons? (7) How do I determine if an injury or illness is a privacy concern case? (i) An injury or illness to an intimate body part or the reproductive system; (ii) An injury or illness resulting from a sexual assault; (iii) Mental illnesses; (iv) HIV infection, hepatitis, or tuberculosis; (v) Needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (see § 1904.8 for definitions); and (vi) Other illnesses, if the employee voluntarily requests that his or her name not be entered on the log. (8) May I classify any other types of injuries and illnesses as privacy concern cases? (9) If I have removed the employee's name, but still believe that the employee may be identified from the information on the forms, is there anything else that I can do to further protect the employee's privacy? (10) What must I do to protect employee privacy if I wish to provide access to the OSHA Forms 300 and 301 to persons other than government representatives, employees, former employees or authorized representatives? (i) to an auditor or consultant hired by the employer to evaluate the safety and health program; (ii) to the extent necessary for processing a claim for workers' compensation or other insurance benefits; or (iii) to a public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under Department of Health and Human Services Standards for Privacy of Individually Identifiable Health Information, 45 CFR 164.512. [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] Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements § 1904.30 Multiple business establishments. (a) Basic requirement. (b) Implementation 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)? (2) May I keep the records for all of my establishments at my headquarters location or at some other central location? (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? (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 of my establishments? § 1904.31 Covered employees. (a) Basic requirement. (b) Implementation 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? (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? (3) If an employee in my establishment is a contractor's employee, must I record an injury or illness occurring to that employee? (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? § 1904.32 Annual summary. (a) Basic requirement. (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 How extensively do I have to review the OSHA 300 Log entries at the end of the year? (2) How do I complete the annual summary? (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? (4) Who is considered a company executive? (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? (6) When do I have to post the annual summary? [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] § 1904.33 Retention and updating. (a) Basic requirement. (b) Implementation Do I have to update the OSHA 300 Log during the five-year storage period? (2) Do I have to update the annual summary? (3) Do I have to update the OSHA 301 Incident Reports? [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017] § 1904.34 Change in business ownership. 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. [82 FR 20549, May 3, 2017] § 1904.35 Employee involvement. (a) Basic requirement. (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 What must I do to make sure that employees report work-related injuries and illnesses to me? (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? (i) Who is an authorized employee representative? (ii) Who is a “personal representative” of an employee or former employee? (A) Any person that the employee or former employee designates as such, in writing; or (B) The legal representative of a deceased or legally incapacitated employee or former employee. (iii) If an employee or representative asks for access to the OSHA 300 Log, when do I have to provide it? (iv) May I remove the names of the employees or any other information from the OSHA 300 Log before I give copies to an employee, former employee, or employee representative? (v) If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it? (B) When an authorized employee representative asks for copies of the OSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days. You are only required to give the authorized employee representative information from the OSHA 301 Incident Report section titled “Tell us about the case.” You must remove all other information from the copy of the OSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative. (vi) May I charge for the copies? [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] § 1904.36 Prohibition against discrimination. 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. [81 FR 29692, May 12, 2016] § 1904.37 State recordkeeping regulations. (a) Basic requirement. (b) Implementation. (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. [66 FR 6122, Jan. 19, 2001, as amended at 80 FR 49904, Aug. 18, 2015] § 1904.38 Variances from the recordkeeping rule. (a) Basic requirement. (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 What do I need to include in my variance 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? (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. (iii) After reviewing your variance petition and any comments from your employees and the public, the Assistant Secretary will decide whether or not your proposed recordkeeping procedures will meet the purposes of the Act, will not otherwise interfere with the Act, and will provide the same information as the part 1904 regulations provide. If your procedures meet these criteria, the Assistant Secretary may grant the variance subject to such conditions as he or she finds appropriate. (iv) If the Assistant Secretary grants your variance petition, OSHA will publish a notice in the Federal Register (3) If I apply for a variance, may I use my proposed recordkeeping procedures while the Assistant Secretary is processing the variance petition? (4) If I have already been cited by OSHA for not following the part 1904 regulations, will my variance petition have any effect on the citation and penalty? (5) If I receive a variance, may the Assistant Secretary revoke the variance at a later date? (i) Notify you in writing of the facts or conduct that may warrant revocation of your variance; and (ii) Provide you, your employees, and authorized employee representatives with an opportunity to participate in the revocation procedures. Subpart E—Reporting Fatality, Injury and Illness Information to the Government Authority: 29 U.S.C. 657, 673, 5 U.S.C. 553, and Secretary of Labor's Order No. 08-2020 (85 FR 58393, Sept. 18, 2020) or 1-2012 (77 FR 3912, Jan. 25, 2012), as applicable. § 1904.39 Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA. (a) Basic requirement. (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 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? www.osha.gov. (2) What information do I need to give to OSHA about the 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. (v) The number of employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye; (vi) The names of the employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye; (vii) Your contact person and his or her phone number; and (viii) A brief description of the work-related incident. (3) Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? (4) Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it occurred on a commercial or public transportation system? (5) Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack? (6) What if the fatality, in-patient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? (7) What if I don't learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye right away? (8) What if I don't learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident? (9) How does OSHA define “in-patient hospitalization”? (10) Do I have to report an in-patient hospitalization that involves only observation or diagnostic testing? (11) How does OSHA define “amputation”? [79 FR 56187, Sept. 18, 2014] § 1904.40 Providing records to government representatives. (a) Basic requirement. (b) Implementation What government representatives have the right to get copies of my part 1904 records? (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? [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017] § 1904.41 Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA. (a) Basic requirements Annual electronic submission of information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses. (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. (3) Electronic submission of part 1904 records upon notification. (4) Electronic submission of the Employer Identification Number (EIN). (b) Implementation Does every employer have to routinely make an annual electronic submission of information from part 1904 injury and illness recordkeeping forms to OSHA? (2) Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in paragraph (a) of this section? (3) How will OSHA notify me that I must submit information as part of an individual data collection under paragraph (a)(3) of this section? Federal Register (4) When do I have to submit the information? (5) How do I submit the information? (6) Do I have to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? (7) Do I have to submit information if I am located in a State Plan State? (8) May an enterprise or corporate office electronically submit information for its establishment(s)? (9) If I have to submit information under paragraph (a)(2) of this section, do I have to submit all of the information from the recordkeeping forms? except (i) Log of Work-Related Injuries and Illnesses (OSHA Form 300): Employee name (column B). (ii) Injury and Illness Incident Report (OSHA Form 301): Employee name (field 1), employee address (field 2), name of physician or other health care professional (field 6), facility name and address if treatment was given away from the worksite (field 7). (10) My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? (c) Reporting dates. [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] § 1904.42 Requests from the Bureau of Labor Statistics for data. (a) Basic requirement. (b) Implementation Does every employer have to send data to the BLS? (2) If I get a survey form from the BLS, what do I have to do? (3) Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records? (4) Do I have to answer the BLS survey form if I am located in a State-Plan State? Appendix A to Subpart E of Part 1904—Designated Industries for § 1904.41(a)(1)(i) Annual Electronic Submission of Information From OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20-249 Employees in Designated Industries NAICS Industry 11 Agriculture, Forestry, Fishing and Hunting. 22 Utilities. 23 Construction. 31-33 Manufacturing. 42 Wholesale Trade. 4413 Automotive Parts, Accessories, and Tire Stores. 4421 Furniture Stores. 4422 Home Furnishings Stores. 4441 Building Material and Supplies Dealers. 4442 Lawn and Garden Equipment and Supplies Stores. 4451 Grocery Stores. 4452 Specialty Food Stores. 4522 Department Stores. 4523 General Merchandise Stores, including Warehouse Clubs and Supercenters. 4533 Used Merchandise Stores. 4542 Vending Machine Operators. 4543 Direct Selling Establishments. 4811 Scheduled Air Transportation. 4841 General Freight Trucking. 4842 Specialized Freight Trucking. 4851 Urban Transit Systems. 4852 Interurban and Rural Bus Transportation. 4853 Taxi and Limousine Service. 4854 School and Employee Bus Transportation. 4855 Charter Bus Industry. 4859 Other Transit and Ground Passenger Transportation. 4871 Scenic and Sightseeing Transportation, Land. 4881 Support Activities for Air Transportation. 4882 Support Activities for Rail Transportation. 4883 Support Activities for Water Transportation. 4884 Support Activities for Road Transportation. 4889 Other Support Activities for Transportation. 4911 Postal Service. 4921 Couriers and Express Delivery Services. 4922 Local Messengers and Local Delivery. 4931 Warehousing and Storage. 5152 Cable and Other Subscription Programming. 5311 Lessors of Real Estate. 5321 Automotive Equipment Rental and Leasing. 5322 Consumer Goods Rental. 5323 General Rental Centers. 5617 Services to Buildings and Dwellings. 5621 Waste Collection. 5622 Waste Treatment and Disposal. 5629 Remediation and Other Waste Management Services. 6219 Other Ambulatory Health Care Services. 6221 General Medical and Surgical Hospitals. 6222 Psychiatric and Substance Abuse Hospitals. 6223 Specialty (except Psychiatric and Substance Abuse) Hospitals. 6231 Nursing Care Facilities (Skilled Nursing Facilities). 6232 Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities. 6233 Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly 6239 Other Residential Care Facilities. 6242 Community Food and Housing, and Emergency and Other Relief Services. 6243 Vocational Rehabilitation Services. 7111 Performing Arts Companies. 7112 Spectator Sports. 7121 Museums, Historical Sites, and Similar Institutions. 7131 Amusement Parks and Arcades. 7132 Gambling Industries. 7211 Traveler Accommodation. 7212 RV (Recreational Vehicle) Parks and Recreational Camps. 7223 Special Food Services. 8113 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance. 8123 Drycleaning and Laundry Services. [88 FR 47347, July 21, 2023] Appendix B to Subpart E of Part 1904—Designated Industries for § 1904.41(a)(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 NAICS Industry 1111 Oilseed and Grain Farming. 1112 Vegetable and Melon Farming. 1113 Fruit and Tree Nut Farming. 1114 Greenhouse, Nursery, and Floriculture Production. 1119 Other Crop Farming. 1121 Cattle Ranching and Farming. 1122 Hog and Pig Farming. 1123 Poultry and Egg Production. 1129 Other Animal Production. 1133 Logging. 1141 Fishing. 1142 Hunting and Trapping. 1151 Support Activities for Crop Production. 1152 Support Activities for Animal Production. 1153 Support Activities for Forestry. 2213 Water, Sewage and Other Systems. 2381 Foundation, Structure, and Building Exterior Contractors. 3111 Animal Food Manufacturing. 3113 Sugar and Confectionery Product Manufacturing. 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing. 3115 Dairy Product Manufacturing. 3116 Animal Slaughtering and Processing. 3117 Seafood Product Preparation and Packaging. 3118 Bakeries and Tortilla Manufacturing. 3119 Other Food Manufacturing. 3121 Beverage Manufacturing. 3161 Leather and Hide Tanning and Finishing. 3162 Footwear Manufacturing. 3211 Sawmills and Wood Preservation. 3212 Veneer, Plywood, and Engineered Wood Product Manufacturing. 3219 Other Wood Product Manufacturing. 3261 Plastics Product Manufacturing. 3262 Rubber Product Manufacturing. 3271 Clay Product and Refractory Manufacturing. 3272 Glass and Glass Product Manufacturing. 3273 Cement and Concrete Product Manufacturing. 3279 Other Nonmetallic Mineral Product Manufacturing. 3312 Steel Product Manufacturing from Purchased Steel. 3314 Nonferrous Metal (except Aluminum) Production and Processing. 3315 Foundries. 3321 Forging and Stamping. 3323 Architectural and Structural Metals Manufacturing. 3324 Boiler, Tank, and Shipping Container Manufacturing. 3325 Hardware Manufacturing. 3326 Spring and Wire Product Manufacturing. 3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing. 3328 Coating, Engraving, Heat Treating, and Allied Activities. 3331 Agriculture, Construction, and Mining Machinery Manufacturing. 3335 Metalworking Machinery Manufacturing. 3361 Motor Vehicle Manufacturing. 3362 Motor Vehicle Body and Trailer Manufacturing. 3363 Motor Vehicle Parts Manufacturing. 3366 Ship and Boat Building. 3371 Household and Institutional Furniture and Kitchen Cabinet Manufacturing. 3372 Office Furniture (including Fixtures) Manufacturing. 3379 Other Furniture Related Product Manufacturing. 4231 Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers. 4233 Lumber and Other Construction Materials Merchant Wholesalers. 4235 Metal and Mineral (except Petroleum) Merchant Wholesalers. 4239 Miscellaneous Durable Goods Merchant Wholesalers. 4244 Grocery and Related Product Merchant Wholesalers. 4248 Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers. 4413 Automotive Parts, Accessories, and Tire Stores. 4422 Home Furnishings Stores. 4441 Building Material and Supplies Dealers. 4442 Lawn and Garden Equipment and Supplies Stores. 4451 Grocery Stores. 4522 Department Stores. 4523 General Merchandise Stores, including Warehouse Clubs and Supercenters. 4533 Used Merchandise Stores. 4543 Direct Selling Establishments. 4811 Scheduled Air Transportation. 4841 General Freight Trucking. 4842 Specialized Freight Trucking. 4851 Urban Transit Systems. 4852 Interurban and Rural Bus Transportation. 4853 Taxi and Limousine Service. 4854 School and Employee Bus Transportation. 4859 Other Transit and Ground Passenger Transportation. 4871 Scenic and Sightseeing Transportation, Land. 4881 Support Activities for Air Transportation. 4883 Support Activities for Water Transportation. 4889 Other Support Activities for Transportation. 4911 Postal Service. 4921 Couriers and Express Delivery Services. 4931 Warehousing and Storage. 5322 Consumer Goods Rental. 5621 Waste Collection. 5622 Waste Treatment and Disposal. 6219 Other Ambulatory Health Care Services. 6221 General Medical and Surgical Hospitals. 6222 Psychiatric and Substance Abuse Hospitals. 6223 Specialty (except Psychiatric and Substance Abuse) Hospitals. 6231 Nursing Care Facilities (Skilled Nursing Facilities). 6232 Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities. 6233 Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly. 6239 Other Residential Care Facilities. 6243 Vocational Rehabilitation Services. 7111 Performing Arts Companies. 7112 Spectator Sports. 7131 Amusement Parks and Arcades. 7211 Traveler Accommodation. 7212 RV (Recreational Vehicle) Parks and Recreational Camps. 7223 Special Food Services. [88 FR 47348, July 21, 2023] Subpart F—Transition From the Former Rule § 1904.43 Summary and posting of the 2001 data. (a) Basic requirement. (b) Implementation What do I have to include in the summary? (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? (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. § 1904.44 Retention and updating of old forms. 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. § 1904.45 OMB control numbers under the Paperwork Reduction Act 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 CFR citation OMB Control No. 1904.4-35 1218-0176 1904.39-41 1218-0176 1904.42 1220-0045 1904.43-44 1218-0176 Subpart G—Definitions § 1904.46 Definitions. The Act. et seq. Establishment. (1) Can one business location include two or more establishments? (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? (i) The employer operates the locations as a single business operation under common management; (ii) The locations are all located in close proximity to each other; and (iii) The employer keeps one set of business records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, one manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street. (3) If an employee telecommutes from home, is his or her home considered a separate establishment? Injury or illness. Physician or Other Licensed Health Care Professional. i.e., You. [66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020]