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(b)(1) What Sections of This Rule Describe Recording Criteria for Recording Work-Related Injuries and Illnesses?
[66 FR 6122, Jan. 19, 2001; 81 FR 91809 Dec 19, 2016; 82 FR 20548 May 3, 2017]
1904.5(b)(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 notbe considered work-related.
Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related.
|(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.|
1904.5(b)(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?
1904.5(b)(4) How Do I Know if an Event or Exposure in the Work Environment "Significantly Aggravated" a Preexisting Injury or Illness?
1904.5(b)(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., has taken a side trip for personal reasons).|
[37 FR 736, Jan. 18, 1972, as amended at 42 FR 65165, Dec. 30, 1977; 47 FR 145, Jan. 5, 1982; 62 FR 44552, Aug. 22, 1997; 66 FR 6124, Jan. 19, 2001]
1904.6(b)(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?
1904.6(b)(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?
1904.6(b)(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?
[42 FR 65166, Dec. 30, 1977, as amended at 47 FR 145, Jan. 5, 1982; 47 FR 14706, Apr. 6, 1982; 62 FR 44552, Aug. 22, 1997; 66 FR 6125, Jan. 19, 2001]
1904.7(b)(3)(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?
1904.7(b)(3)(iv) How Do I Count Weekends, Holidays, or Other Days the Employee Would Not Have Worked Anyway?
1904.7(b)(3)(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?
1904.7(b)(3)(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?
1904.7(b)(3)(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?
1904.7(b)(3)(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?
1904.7(b)(3)(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?
1904.7(b)(4) How Do I Record a Work-Related Injury or Illness That Results in Restricted Work or Job Transfer?
1904.7(b)(4)(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?
1904.7(b)(4)(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?
1904.7(b)(4)(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?
1904.7(b)(4)(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?
1904.7(b)(4)(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"?
1904.7(b)(4)(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?
1904.7(b)(5)(iv) Does the Professional Status of the Person Providing the Treatment Have Any Effect on What Is Considered First Aid or Medical Treatment?
1904.7(b)(5)(v) What if a Physician or Other Licensed Health Care Professional Recommends Medical Treatment but the Employee Does Not Follow the Recommendation?
1904.7(b)(6) Is Every Work-Related Injury or Illness Case Involving a Loss of Consciousness Recordable?
1904.7(b)(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.
[43 FR 31329, July 21, 1978; 62 FR 44552, Aug. 22, 1997; 66 FR 6126, Jan. 19, 2001]
1904.8(b)(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?
1904.8(b)(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?
[36 FR 12612, July 2, 1971, as amended at 49 FR 50718, Dec. 31, 1984; 59 FR 15600, April 1, 1994; 62 FR 44552, Aug. 22, 1997; 66 FR 6128, Jan. 19, 2001]
1904.9(b)(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?
[37 FR 737, Jan. 18, 1972; 66 FR 6129, Jan. 19, 2001]
1904.10(b)(5) Are There Any Special Rules for Determining Whether a Hearing Loss Case Is Work-Related?
1904.10(b)(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?
[66 FR 6129, Jan. 19, 2001; 66 FR 52034, Oct. 12, 2001; 67 FR 44048, July, 1, 2002; 67 FR 77170, Dec. 17, 2002]
1904.11(b)(1) Do I Have to Record, on the Log, a Positive TB Skin Test Result Obtained at a Pre-Employment Physical?
1904.11(b)(2) (May I Line-Out or Erase a Recorded TB Case if I Obtain Evidence That the Case Was Not Caused by Occupational Exposure?)
[66 FR 6129, Jan. 19, 2001]
1904.29(b)(6) Are There Situations Where I Do Not Put the Employee's Name on the Forms for Privacy Reasons?
1904.29(b)(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?
1904.29(b)(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?
[66 FR 6130, Jan. 19, 2001; 66 FR 52034, Oct. 12, 2001; 67 FR 77170, Dec. 17, 2002; 68 FR 38607, June 30, 2003; 81 FR 91809-91810 Dec 19, 2016; 82 FR 20548 May 3, 2017]