// CODE SNIPPET
1904.35 Employee Involvement
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Your employees and their representatives must be involved in the recordkeeping system in several ways.
You must inform each employee of how he or she is to report a work-related injury or illness to you.
You must provide employees with the information described in paragraph (b)(1)(iii) of this section.
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.
You must establish a reasonable procedure for employees to report workrelated 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;
You must inform each employee that:
Employees have the right to report work-related injuries and illnesses; and
Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses; and
You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.
You must inform each employee of your procedure for reporting workrelated injuries and illnesses;
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.
An authorized employee representative is an authorized collective bargaining agent of employees.
When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant OSHA 300 Log(s) by the end of the next business day.
No, you must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in ยง 1904.29(b)(6) through (9).
When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA 301 Incident Report containing that information by the end of the next business day.
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.
No, you may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records."
[66 FR 6132, Jan. 19, 2001; 81 FR 29691-29692, May 12, 2016; 81 FR 31854-31855, May 20, 2016; 81 FR 91810 Dec 19, 2016; 82 FR 20549 May 3, 2017]
[66 FR 6132, Jan. 19, 2001; 81 FR 29691-29692, May 12, 2016; 81 FR 31854-31855, May 20, 2016; 81 FR 91810 Dec 19, 2016; 82 FR 20549 May 3, 2017]
A personal representative is:
Any person that the employee or former employee designates as such, in writing; or
The legal representative of a deceased or legally incapacitated employee or former employee.
Related Code Sections
1904.35 Other OSHA Injury and Illness Recordkeeping Requirements, Employee Involvement
Your employees and their representatives must be involved in the recordkeeping system in several ways ...
OSHA 1904 Recordkeeping > D Other OSHA Injury and Illness Recordkeeping Requirements > 1904.35 Employee Involvement
1904.35(a)(1) Other OSHA Injury and Illness Recordkeeping Requirements,
You must inform each employee of how he or she is to report a work-related injury or illness to you ...
OSHA 1904 Recordkeeping > D Other OSHA Injury and Illness Recordkeeping Requirements > 1904.35 Employee Involvement > 1904.35(a) Basic Requirement > 1904.35(a)(1)
1904.35(a)(3) Other OSHA Injury and Illness Recordkeeping Requirements,
You must provide access to your injury and illness records for your employees and their representatives as described in paragraph (b)(2 ...
OSHA 1904 Recordkeeping > D Other OSHA Injury and Illness Recordkeeping Requirements > 1904.35 Employee Involvement > 1904.35(a) Basic Requirement > 1904.35(a)(3)
1904.35(b)(2)(ii) Other OSHA Injury and Illness Recordkeeping Requirements, Who Is a "Personal Representative" of an Employee or Former Employee?
that the employee or former employee designates as such, in writing ...
OSHA 1904 Recordkeeping > D Other OSHA Injury and Illness Recordkeeping Requirements > 1904.35 Employee Involvement > 1904.35(b) Implementation > 1904.35(b)(2) Do I Have to Give My Employees and Their Representatives Access to the OSHA Injury and Illness Records? > 1904.35(b)(2)(ii) Who Is a "Personal Representative" of an Employee or Former Employee?
1904.35(b)(2)(v) Other OSHA Injury and Illness Recordkeeping Requirements, If an Employee or Representative Asks for Access to the OSHA 301 Incident Report, When Do I Have to Provide It?
When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness ...
OSHA 1904 Recordkeeping > D Other OSHA Injury and Illness Recordkeeping Requirements > 1904.35 Employee Involvement > 1904.35(b) Implementation > 1904.35(b)(2) Do I Have to Give My Employees and Their Representatives Access to the OSHA Injury and Illness Records? > 1904.35(b)(2)(v) If an Employee or Representative Asks for Access to the OSHA 301 Incident Report, When Do I Have to Provide It?