Subpart A Purpose

Subpart B Scope

Subpart C Recordkeeping Forms and Recording Criteria

Subpart D Other OSHA Injury and Illness Recordkeeping Requirements

Subpart E Reporting Fatality, Injury and Illness Information to the Government

Subpart F Transition From the Former Rule

Subpart G Definitions

You must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer.
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.
Yes, you may keep the records for an establishment at your headquarters or other central location if you can:
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
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.
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.
If the injury or illness occurs at one of your establishments, you must record the injury or illness on the OSHA 300 Log of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the OSHA 300 Log at the establishment at which the employee normally works.

[62 FR 44552, Aug. 22, 1997; 66 FR 6130, Jan. 19, 2001]
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.
No, self-employed individuals are not covered by the OSH Act or this regulation.
You must record these injuries and illnesses if you supervise these employees on a day-to-day basis.
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.
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-day supervision).

[66 FR 6131, Jan. 19, 2001]
At the end of each calendar year, you must:
Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified;
Create an annual summary of injuries and illnesses recorded on the OSHA 300 Log;
Certify the summary; and
Post the annual summary.
You must review the entries as extensively as necessary to make sure that they are complete and correct.
You must:
Total the columns on the OSHA 300 Log (if you had no recordable cases, enter zeros for each column total); and
If you are using an equivalent form other than the OSHA 300-A summary form, as permitted under §1904.6(b)(4), the summary you use must also include the employee access and employer penalty statements found on the OSHA 300-A Summary form.
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.
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.
The company executive who certifies the log must be one of the following persons:
An owner of the company (only if the company is a sole proprietorship or partnership);
The highest ranking company official working at the establishment; or
The immediate supervisor of the highest ranking company official working at the establishment.
An officer of the corporation;
You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material.
You must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.

[66 FR 6131, Jan. 19, 2001; 81 FR 91810 Dec 19, 2016; 82 FR 20548 May 3, 2017]
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.
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.
No, you are not required to update the annual summary, but you may do so if you wish.
No, you are not required to update the OSHA 301 Incident Reports, but you may do so if you wish.

[66 FR 6131, Jan. 19, 2001; 81 FR 91810 Dec 19, 2016; 82 FR 20548-20549 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.

[66 FR 6132, Jan. 19, 2001; 81 FR 91810 Dec 19, 2016; 82 FR 20549 May 3, 2017]
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 § 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]
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.
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.

[66 FR 6132, Jan. 19, 2001; 81 FR 29692, May 12, 2016]
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)).
State-Plan States must have the same requirements as Federal OSHA for determining which injuries and illnesses are recordable and how they are recorded.
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.
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).
A State-Plan State may not issue a variance to a private sector employer and must recognize all variances issued by Federal OSHA.
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 6132, Jan. 19, 2001; 80 FR 49904, August 18, 2015]
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:
Collects the same information as this Part requires;
Meets the purposes of the Act; and
Does not interfere with the administration of the Act.
You must include the following items in your petition:
Your name and address;
The address(es) of the business establishment(s) involved;
A description of why you are seeking a variance;
A description of the different recordkeeping procedures you propose to use;
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
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).
A list of the State(s) where the variance would be used;
The Assistant Secretary will take the following steps to process your variance petition.
The Assistant Secretary will offer your employees and their authorized representatives an opportunity to submit written data, views, and arguments about your variance petition.
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.
If the Assistant Secretary grants your variance petition, OSHA will publish a notice in the Federal Register to announce the variance. The notice will include the practices the variance allows you to use, any conditions that apply, and the reasons for allowing the variance.
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.
No, alternative recordkeeping practices are only allowed after the variance is approved. You must comply with the Part 1904 regulations while the Assistant Secretary is reviewing your variance petition.
No, in addition, the Assistant Secretary may elect not to review your variance petition if it includes an element for which you have been cited and the citation is still under review by a court, an Administrative Law Judge (ALJ), or the OSH Review Commission.
Yes, the Assistant Secretary may revoke your variance if he or she has good cause. The procedures revoking a variance will follow the same process as OSHA uses for reviewing variance petitions, as outlined in paragraph 1904.38(b)(2). Except in cases of willfulness or where necessary for public safety, the Assistant Secretary will:
Notify you in writing of the facts or conduct that may warrant revocation of your variance; and
Provide you, your employees, and authorized employee representatives with an opportunity to participate in the revocation procedures.

[66 FR 6132, Jan. 19, 2001]
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