Ss_1218-0176(01-17-08)

SUPPORTING STATEMENT
FOR
RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES
(29 CFR Part 1904)

A. Justification
1.

Explain the circumstances that make the collection of information necessary. Identify any legal or administrative
requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation
mandating or authorizing the collection of information.

Public Law 91-596, the Occupational Safety and Health Act of 1970, section 24(a) states that:
The Secretary. . . shall develop and maintain an effective program of collection,
compilation, and analysis of occupational safety and health statistics.
Further:
. . .the Secretary may promote, encourage, or directly engage in programs of studies,
information and communication concerning occupational safety and health statistics.
Section 8(c)(2) of the OSH Act also prescribes that:
The Secretary shall prescribe regulations requiring employers to maintain accurate
records of and to make periodic reports on, work-related deaths, injuries and illnesses. . .

Recordkeeping regulations are contained in Title 29 of the Code of Federal Regulations
(CFR) Part 1904. Copies of the appropriate sections of the OSH Act and 29 CFR Part 1904 are
included in Attachments 1 and 2.
Recordkeeping forms are promulgated under 29 CFR Part 1904, and consist of the OSHA
Form 300, the Log of Work-Related Injuries and Illnesses; the OSHA Form 300A, Summary of
Work-Related Injuries and Illnesses; and the OSHA Form 301, the Injury and Illness Incident
Report (Attachment 3). The use of the recordkeeping forms by employers helps to ensure the
uniformity of the safety and health data utilized by OSHA and the Bureau of Labor Statistics
(BLS).
2.

Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the
actual use the agency has made of the information received from the current collection.

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The OSHA Forms package and 29 CFR Part 1904 provide employers with the means and
specific instructions needed to maintain records of work-related injuries and illnesses. Response
to this collection of information is mandatory for employers covered by the regulations, as
specified in 29 CFR Part 1904, Subpart B. Approximately 763,700 employers with 1,541,900
establishments are regularly required to maintain the forms.
Employers required to keep the occupational injury and illness records pursuant to 29
CFR Part 1904 must maintain the required records at each establishment, and comply with the
annual certification and posting requirements of 29 CFR 1904.32. These employers are required
to comply with the requirements of 29 CFR 1904.35, which provide access to records for
employees, former employees and their representatives. These employers are also required to
comply with the reporting requirements of 29 CFR 1904 Subpart E, which provides for reporting
fatality, injury and illness information to the government. (Note: The burden associated with the
requirements of §§1904.41 and 1904.42 are covered under OMB control numbers 1218-0209 and
1220-0045.)
The records kept pursuant to Part 1904 are used for many purposes. Generally, hard data
are necessary to define the nature and extent of existing occupational health and safety problems,
or lack thereof. Hard data on occupational injuries and illnesses provide a baseline for use in
evaluating efforts to solve existing health and safety problems. Accurate worksite data are
indispensable for use in outcome-oriented efforts to improve the safety and health of America’s
workers.
Specifically, the records kept pursuant to Part 1904 are used primarily by government,
employers, employees, and labor organizations. The records required under this information
collection request (OSHA Form 300, OSHA Form 300A and OSHA Form 301) provide the
baseline data for employer response to the OSHA Data Initiative which is covered under OMB
control number 1218-0209. OSHA uses the information gathered from Part 1904 records during
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its annual data collection initiative to target its programmed inspections and outreach efforts and
to comply with the Government Performance and Results Act (GPRA). OSHA also uses
information provided in individual employer’s Part 1904 records when its compliance officers
review them as a part of an on-site OSHA inspection. The information in the records can
provide a roadmap for the compliance officer to focus the inspection on the most hazardous
aspects of the operation. In short, accurate records are necessary for the optimal prioritization of
the use of OSHA's scarce resources.
In addition to OSHA, others use information generated by the Part 1904 records. The
Bureau of Labor Statistics (BLS) uses the information collected from the Part 1904 records of
participants in its annual statistical survey (which is covered under a separate PRA approval) to
produce national statistics on occupational injuries and illnesses. Employers and employees use
the records to see -- in a snapshot -- the health and safety record for the establishment. The
records provide accurate injury and illness information for each worksite; information which is
indispensable for use by the employer as well as employees in accomplishing data-based
problem solving and hazard identification to improve the health and safety conditions of the
worksite.
3.

Describe whether, and to what extent, the collection of information involves the use of automated, electronic,
mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting
electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe
any consideration of using information technology to reduce burden.

29 CFR 1904.39(a) requires the employer of any employees so affected to orally report
the fatality/multiple hospitalization by telephone or in person to the Area Office of the
Occupational Safety and Health Administration (OSHA), U. S. Department of Labor, that is
nearest to the site of the incident, or by using the OSHA toll-free central telephone number.
OSHA does not believe that reporting by voice-mail, facsimile or e-mail would meet the
objectives of this data collection. For example, if an incident occurred late on a Friday evening,
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and the employer used the facsimile machine to meet the reporting requirements, OSHA would
most likely not learn of the incident until the following Monday morning. Telephone answering
machines and e-mail would be similarly deficient. For this reason, OSHA requires that these
reporting obligations be met through direct verbal contact with the Area Office or by utilization
of the OSHA toll-free number. In this manner a timely decision can be made regarding
investigation of the scene.
The remainder of this information collection request does not require respondents to
submit the recorded information to the Agency; it only requires that employers maintain, in their
establishments, the required records. Section 1904.41 of Part 29 of the CFR, Annual OSHA
Injury and Illness Survey of Ten or More Employers, requires selected employers to participate
in OSHA’s annual survey and is covered by a separate information collection request under
OMB Control Number 1218-0209.
Employers may maintain the required Part 1904 records using computers, if the
computerized forms contain the same detail and are as readable and comprehensible to the
average person as are the Part 1904 forms. On its website (www.osha.gov), OSHA has made
available to the public the OSHA Forms 300, 300A and 301 as a Microsoft Excel spreadsheet
and in a printable PDF format. The use of such technology, including the advantages of
centralization, reduces employer burden.
Employers are not required to submit the OSHA 300 forms directly to OSHA. Part
1904.40 of the OSHA Injury and Illness Recording and Reporting Requirements gives
instruction as to when OSHA records are required to be provided to a government representative.
The OSHA forms are to be retained and updated by the employer according to Part 1904.33 of
the Recordkeeping Requirements.
4.

Describe efforts to identify duplication. Show specifically why any similar information already available cannot be
used or modified for use for the purposes described in Item 2 above.

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OSHA knows of no similar data that are comparable to the data recorded on the OSHA
Form 300. Workers’ compensation data are not a viable substitute for the data required by Part
1904 because State workers’ compensation regulations that define which injuries and illnesses
are compensable vary. Furthermore, workers’ compensation data are not made available to
OSHA by every State.
The OSHA Form 300 and the OSHA Form 301 do not duplicate any existing federal
documents. For each recordable occupational injury or illness, as defined by 29 CFR Part 1904,
Subpart C, an employer must complete a line item on OSHA Form 300 and also complete the
OSHA Form 301. Employers may use other forms, such as insurance forms or State workers’
compensation forms, in lieu of the OSHA Form 301 if the substitute forms contain all the
information required by the OSHA Form 301 or are supplemented to do so. OSHA estimates
that 60 percent of employers will use substitute forms in lieu of the OSHA Form 301.
5.

If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe
any methods used to minimize burden.

This information collection does not impose a significant economic impact on a
substantial number of small entities. Small employers with fewer than 11 employees in all
sectors of the economy and all employers in certain Standard Industrial Classifications are
exempt from OSHA recordkeeping, unless pre-notified in writing that they must participate in
the BLS Annual Survey of Occupational Injuries and Illnesses, OMB No. 1220-0045 or the
OSHA Occupational Injury and Illness Data Collection, OMB No. 1218-0209. See 29 CFR
1904.41 and 42. Of the 7.5 million establishments covered by OSHA and the State Plans,
approximately 6.0 million fall under these exemptions. These exemptions do not apply to the
reporting requirement that employers must orally report to OSHA a fatality or multiple
hospitalizations as a result of a work-related incident. See 29 CFR 1904.39.

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6.

Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less
frequently, as well as any technical or legal obstacles to reducing burden.

Efforts to fulfill the Congressional mandate to assure “safe and healthful working
conditions for working men and women . . .” would be severely hampered if OSHA did not
require employers to maintain the records required by Part 1904, or if OSHA required that the
records be kept on less than an annual basis. As explained more fully above in answer to
question 2, the records kept pursuant to Part 1904 are used for many purposes. The absence of
these records, or any change in the system which would result in less frequent generation of
these records, would adversely impact many programs. The government and private sector’s
ability to define -- using hard data -- the nature and extent of existing occupational safety and
health problems, and to evaluate occupational safety and health programs, would be severely
hampered. Specifically, OSHA and BLS would be unable to continue their respective annual
collections of information generated from the Part 1904 records, and thus their respective
programs that utilize those data -- such as OSHA’s programmed inspection program, compliance
with GPRA, and BLS’s generation of national occupational injury and illness statistics -- would
be irreparably harmed. OSHA compliance officers would not have the benefit of current Part
1904 records which help to focus their on-site inspections more effectively. In short, OSHA’s
ability to optimize the use of its scarce resources would be crippled. Furthermore, employers
and employees would also lose a valuable resource -- an up-to-date “snapshot” of the safety and
health record for the establishment -- if the Part 1904 records ceased to exist, or were maintained
on a less frequent basis.
7.

Explain any special circumstances that would cause an information collection to be conducted in a manner:
•

requiring respondents to report information to the agency more often than quarterly;

•

requiring respondents to prepare a written response to a collection of information in fewer than 30 days after
receipt of it;

•

requiring respondents to submit more than an original and two copies of any document;

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•

requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax
records for more than three years;

•

in connection with a statistical survey, that is not designed to produce valid and reliable results that can be
generalized to the universe of study;

•

requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

•

that includes a pledge of confidentiality that is not supported by authority established in statute or regulation,
that is not supported by disclosure and data security policies that are consistent with the pledge, or which
unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

•

requiring respondents to submit proprietary trade secret, or other confidential information unless the agency
can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent
permitted by law.

In some circumstances the information recorded in compliance with Part 1904 may be
confidential in nature. OSHA considers such information to be potentially confidential, and, as
appropriate, follows the procedures set forth in 29 CFR 70.26, which require OSHA to contact
the employer which submitted the information prior to any potential release under the Freedom
of Information Act, 5 U.S.C. § 552(b)(4). Additionally, Section 15 of the OSH Act protects the
confidentiality of trade secrets. 29 U.S.C. § 664. See also 18 U.S.C. § 1905.
Furthermore, §§ 1904.29 (b)(6) through (b)(9) provide for the confidentiality of
employees who experience 6 different types of injuries and illnesses, including any illness case
in which an employee voluntarily requests that his or her name not be entered on the log.
Employers are required to code these injury and illness cases and maintain a separate
confidential list of employee names associated with the codes. Also, § 1904.29 (b)(10) requires
that, if an employer voluntarily discloses the forms to persons other than those granted access
under §§ 1904.35 and 1904.40, the employer must remove or hide the employees’ names and
other personally identifying information, except under the limited circumstances contained in §§
1904.29(b)(10)(i) through (iii). This ensures the employee’s privacy is protected.
Employers under 29 CFR Part 1904.29(b)(3) are required to enter each recordable injury

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or illness on the OSHA 300 Log and 301 Incident Report within seven (7) calendar days of
receiving information that a recordable injury or illness has occurred. Also, 1904.39(a) requires
employers to orally report fatalities and multiple hospitalization incidents to OSHA within 8
hours of occurrence. OSHA’s fatality/catastrophe investigations are most effective when
accidents are reported immediately following their occurrence. Any delay in OSHA’s receipt of
these reports can seriously hinder the Agency’s efforts to determine the cause of the accident, as
the accident scene can change significantly in a short period of time.

This information collection is otherwise consistent with 5 CFR 1320.5.
8.

If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the
agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to
OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in
response to these comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency
of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data
elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile records
should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods.
There may be circumstances that may preclude consultation in a specific situation. These circumstances should be
explained.

As required by the Paperwork Reduction Act of 1995 (U.S.C. 3506(c)(2)(A)), OSHA published a
notice in the Federal Register on October 23, 2007, (72 FR 60028), Docket No. OSHA-20070077 requesting public comment on its extension of the information collection requirements
contained in OSHA’s Recordkeeping and Reporting Occupational Injuries and Illnesses (29
CFR Part 1904). This notice was part of a pre-clearance consultation program intended to
provide those interested parties the opportunity to comment on OSHA’s request for an extension
by the Office of Management and Budget (OMB) of a previous approval of the information
collection requirements found in the above standard. OSHA received one comment from the
National Automobile Dealers Association (NADA). In their comments the NADA suggests that
“OSHA update its coverage of the recordkeeping rule to include the six-digit North American
Industry Classification System (NAICS).”

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OSHA’s Response:

On page 5944 of the preamble to the revised recordkeeping rule (January 19, 2001), OSHA made
the following statement:
“Because data to revise the Part 1904 industry exemption based on the NAIC system will
not be available for another five years, OSHA has decided to update the industry
exemption list now based on the most recent SIC-based information available from BLS
for the years 1996, 1997 and 1998. OSHA will conduct a future rulemaking to update the
industry classifications to the NAIC system when BLS publishes injury and illness data
that can be used to make appropriate industry-by-industry decisions.”
Three years of BLS data published under the NAICS codes is now available; CY 2004 through
CY 2006. At this time, updating the recordkeeping regulation from SIC to NAICS is not on
OSHA’s regulatory agenda, but will be considered when determining the Agency's future
regulatory priorities.
9.

Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

Respondents will not receive any payments or gifts.
10.

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation,
or agency policy.

While there is no assurance of confidentiality provided to information recorded on these
forms and documents, the 1904 regulations include several provisions to protect the privacy of
injured or ill employees. In the vast majority of cases, the records are kept by the employer at
the workplace and are never submitted to OSHA or other government representatives. While in
the possession of the employer, the records are subject to the requirements for access outlined in
29 CFR Part 1904.35 and 1904.40 (See Attachment 2). Records obtained by OSHA or other
Federal government representatives would be disclosed by the government only in accordance
with the Freedom of Information Act (FOIA). Exemption 4 of FOIA protects “trade secrets and
commercial or financial information obtained from a person [that is] privileged or confidential.”
See 5 U.S.C. § 552(b)(4). Exemption 6 of FOIA enables an agency to exempt certain
information from disclosure which would be “a clearly unwarranted invasion of personal
privacy.” See 5 U.S.C. §552(b)(6).

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As discussed in question 7 of this supporting statement, §§ 1904.29 (b)(6) through (b)(9)
provide for the confidentiality of employees who experience 6 different types of injuries and
illnesses, including any illness case which an employee voluntarily requests that his or her name
not be entered on the log. Employers are required to code these injury and illness cases and
maintain a separate confidential list of employee names associated with the codes. Also, §
1904.29 (b)(10) requires that, if an employer voluntarily discloses the forms to persons other
than those granted access under §§ 1904.35 and 1904.40, the employer must remove or hide the
employees’ names and other personally identifying information, except under the limited
circumstances contained in §§ 1904.29(b)(10)(i) through (iii).
Furthermore, the OSHA 300 and 301 Forms contain the following statement: “This form
contains information relating to employee health and must be used in a manner that protects the
confidentiality of employees to the extent possible while the information is being used for
occupational safety and health purposes.”
These provisions will help to ensure the employee’s privacy is protected.
11.

Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious
beliefs, and other matters that are commonly considered private. This justification should include the reasons why the
agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given
to persons form whom the information is requested, and any steps to be taken to obtain their consent.

Column F of the OSHA Form 300 requires the employer to “Describe injury or illness,
parts of body affected, and object/substance that directly injured or made person ill.” Asking this
question is necessary for OSHA to comply with its statutory mandate. [The Occupational Safety
and Health Act of 1970 requires the Secretary to “prescribe regulations requiring employers to
maintain accurate records of and to make periodic reports on, work-related deaths, injuries, and
illnesses . . .” 29 U.S.C. 657. The OSH Act further requires the Secretary to “develop and
maintain an effective program of collection, compilation, and analysis of occupational safety and
health statistics . . . The Secretary shall compile accurate statistics on work injuries and illnesses.
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. . ” and the Secretary may “promote, encourage, or directly engage in programs of studies,
information and communication concerning occupational safety and health statistics.” 29 U.S.C.
673.] This is not a situation where the government is prying into the private behavior of
individuals; the government is seeking information from employers about occupational injuries
and illness, in order “to assure so far as possible every working man and woman in the Nation
safe and healthful working conditions. . .”
Further, OSHA believes that the regulation does provide protection against
“inappropriate” disclosure. The entire log is not disclosable to anybody who wants to see it. The
regulation requires disclosure only to: (1) people who, by statute, have official government
responsibilities related to occupational safety and health or (2) people who either work or have
worked at the establishment, or (3) people who represent people who work or have worked at the
establishment. As discussed above, §§ 1904.29 (b)(6) through (b)(9) provide for the
confidentiality of employees who experience 6 different types of injuries and illnesses, including
any illness case which an employee voluntarily requests that his or her name not be entered on
the log. In addition, if the employer voluntarily discloses the log to persons other than those
granted a right of access, the employer must remove or hide the employees’ names and other
personally identifying information in most cases.
OSHA's historical practice of allowing employee access to all of the information on the
log -- including the description of the injuries and illnesses -- permits employees and their
designated representatives to be informed about the occupational injuries and illnesses recorded
in the workplace as well as the employer's recordkeeping practices.
12.

Provide estimates of the hour burden of the collection of information. The statement should:
•

Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how
the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain
information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential
respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences

11

in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the
variance. Generally, estimates should not include burden hours for customary and usual business practices.
•

If this request for approval covers more than one form, provide separate hour burden estimates for each form
and aggregate the hour burdens in Item 13 of OMB Form 83-I.

•

Provide estimates of annualized cost to respondents for the hour burdens for collections of information,
identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties
for information collection activities should not be included here. Instead, this cost should be included in Item
14.

The recordkeeping burden varies greatly from establishment-to-establishment, depending
upon industry, size, expertise, the use of equivalent forms and computer resources. Another
important factor to be considered is that an establishment in a high-risk industry such as
meatpacking may have 200 recordable cases in one year requiring 200 line entries on the OSHA
Form 300 log, while a telephone communications company establishment of the same size would
average approximately 20 recordable cases.

Estimates of the total burden of injury and illness recordkeeping are dependent on the
number of recordable cases and vary from year-to-year. The case data used to develop the
burden estimates in the table which follows are based on injury and illness statistics from the
2005 BLS Annual Survey. The establishment data are based on an extrapolation of 2003 Small
Business Administration enterprise data, the most recent year data is available using the Standard
Industrial Classification (SIC) system. OSHA applied a growth factor of 3.9% to the SBA data.
This growth rate was calculated using County Business Patterns 2002 - 2004 data.
The following assumptions are used to develop the burden estimates:
A) Time required to complete an entry (other than a needlestick) on the OSHA Form 300
(including research in the regulation) ranges from 5 minutes to 30 minutes and averages 14
minutes;
B) Time required to record a needlestick on the OSHA Form 300 averages 5 minutes;
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C) Time required to complete an entry on the OSHA 301 (including research) averages 22
minutes;
D) Based on information gathered from 800 recordkeeping audit inspections, OSHA estimates
approximately 40 percent of the cases will be recorded on the OSHA Form 301. Many
employers will use an equivalent form such as a State workers’ compensation form, insurance
form, etc.;
E) A line entry for a “privacy concern case” as defined under §1904.29(b)(7) on a confidential
list will average 3 minutes;
F) Employers are required by 29 CFR 1904.32 to complete, certify and post a summary of
occupational injuries and illnesses for each establishment. This applies to the 1,541,900
establishments covered by the regulation, regardless of whether the establishment experienced a
recordable case or not. OSHA estimates this will require 58 minutes to complete: Complete
OSHA Form 300A - 20 minutes; Company official certification - 30 minutes; Posting summary 8 minutes;
G) Employers are also required by 29 CFR 1904.35 to make records available to employees,
former employees and employee representatives upon request. OSHA assumes that employers
will require five minutes to pull the relevant form and make it available to the person requesting
access. OSHA estimates there will be approximately 110,000 employee requests to access the
OSHA Form 300. Again, this estimate is based on information obtained during approximately
800 recordkeeping audit inspections. OSHA estimates approximately 284,000 requests will be
made for the OSHA Form 301;
H) Employers who wish to maintain records in a manner different than required by Part 1904,
may submit petitions for recordkeeping exemptions containing specific information as outlined
in §1904.38. In the 30 year history of this rule, OSHA has received one petition for a variance to
the recordkeeping requirements. That petition was filed and granted in 1972. OSHA does not
13

expect to receive any petition for variances under the time period of this ICR and therefore
assigns 0 burden hours to these requirements;
I) Employers must report to OSHA if and when their employees experience an accident resulting
in the death of the worker or in-patient hospitalization of three or more workers. Several state
plan states have more stringent reporting requirements than federal OSHA. For example,
California requires employers to report any “serious injury or illness, or death” to CalOSHA. In
calculating its paperwork burden estimates, OSHA is only counting the number of reports that
meet the federal reporting requirements. OSHA estimates that approximately 2,000 reportable
accidents will occur each year. These accidents are reported from OSHA’s Integrated
Management Information Systems (IMIS). OSHA estimates that each report will take about 15
minutes to complete based on the information required (each report required by this collection
shall relate the following information: employee’s names, establishment name, location of
incident, time of the incident, number of fatalities or hospitalized employees, contact person,
phone number, and a brief description of the incident);

J) OSHA estimates the turnover of personnel is such that about 20 percent of recordkeeping
personnel must learn the basics of the recordkeeping system every year (308,400 establishments)
and will require a one hour orientation to learn the basics of the recordkeeping system.

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Estimated Burden Hours
Actions entailing paperwork burden

1904.4 - Complete OSHA 301 (Includes
research of instructions and case details
to complete the form)*
1904.4 - Line entry on OSHA Form 300
other than needlesticks (Includes
research of instructions and case details
to complete the form)**
1904.8 - Line entry on OSHA Form 300
for needlesticks (Includes research of
instructions and case details to complete
the form)***
1904.29(b)(6) - Entry on privacy
concern case confidential list
1904.32 - Complete, certify and post
OSHA Form 300A (Includes research of
instructions)
1904.35 - Employee Access to the
OSHA Form 300
1904.35 - Employee Access to the
OSHA Form 301
1904.39 - Report fatalities/catastrophes
Learning Basics of the Recordkeeping
System - turnover of personnel
1904.38 - Request for variance
Total Burden Hours

Number of
cases

Unit hours
per case

Total burden
hours

1,346,100

0.367

494,019

2,980,200

0.233

694,387

385,000

0.083

31,955

400,000

0.050

20,000

1,541,900

0.967

1,491,017

110,000

0.083

9,130

284,000

0.083

23,572

2,000

0.250

500

308,400

1.000

308,400

0

0

0
3,072,980

*Estimate based on 40% of cases recorded on OSHA Form 300.
**Estimates of recordable cases from the 2005 Annual Survey of Occupational Injuries and Illnesses.
***Guang X. Chen, and E. Lynn Jenkins 2007. Potential Work-Related Bloodborne Pathogen Exposures by
Industry and Occupation in the United States Part 1: An Emergency Department Based Surveillance Study AM. J.
Ind. Med. 50:183-190 Published 2007 Wiley-Less, Inc.

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OSHA expects the following two job categories to be involved with the injury and illness
recordkeeping requirements of this ICR: Safety Specialist - Day-to-day recordkeeping duties;
Industrial Production Manager - Certification of Annual Summary. The average hourly rate
(including benefits) for an Occupational Health & Safety Specialist (OES code 29-9011) is
estimated to be $39.40. The average hourly rate for an industrial production manager (including
benefits) is estimated to be $55.83 (OES code 11-3051, Industrial Production Managers).
Occupation
Occupational Safety
& Health Specialist
Industrial Production
Manager

Time (hours)

Rate

Total

2,302,028

$39.40

$90,699,903

770,950

$55.83

$43,042,138

Total

13.

$133,742,041

Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of
information. (Do not include the cost of any hour burden shown in Items 12 and 14).
•

The cost estimate should be split into two components: (a) a total capital and start-up cost component
(annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services
component. The estimates should take into account costs associated with generating, maintaining, and
disclosing or providing the information. Include descriptions of methods used to estimate major cost factors
including system and technology acquisition, expected useful life of capital equipment, the discount rate(s),
and the time period over which costs will be incurred. Capital and start-up costs include, among other items,
preparations for collecting information such as purchasing computers and software; monitoring, sampling,
drilling and testing equipment; and record storage facilities.

•

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the
reasons for the variance. The cost of purchasing or contracting out information collection services should be
a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample
of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use
existing economic or regulatory impact analysis associated with the rulemaking containing the information
collection, as appropriate.

•

Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1)
prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the
information collection, (3) for reasons other than to provide information or keep records for the government,
or (4) as part of customary and usual business or private practices.

All of the costs to the regulated community are included in item 12.
14.

Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to
estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead,
printing, and support staff), and any other expense that would not have been incurred without this collection of
information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

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OSHA estimates a total cost to the government of approximately $455,000. This
estimated cost is comprised of the personnel salaries of 4 employees dedicated to interpreting the
requirements of Part 1904..
15.

Explain the reasons for any program changes or adjustments reporting in Items 12 or 13 of the Justification.

The adjustments to Item 12 of the Justification are primarily due to updating the number
of establishments covered by the rule and the number of cases recorded on the forms. The
estimated number of cases recorded by employers has been reduced from 3,306,650 to 3,072,980
based on the most current BLS statistics. This reduction is partially offset by an increase in the
number of establishments required to complete the forms and the estimated number of employers
that use the OSHA form 301. The net reduction is 233,670 hours.
16.

For collections of information whose results will be published, outline plans for tabulation, and publication. Address
any complex analytical techniques that will be used. Provide the time schedule for the entire project, including
beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

Data collected on these forms are not published by OSHA. Estimates of occupational
injuries and illnesses that are published are based on the results of the BLS Annual Survey of
Occupational Injuries and Illnesses (OMB No. 1220-0045).
17.

If seeking approval to not display the expiration date for OMB approval of the information collection, explain the
reasons that display would be inappropriate.

OSHA seeks approval to not display the expiration date for the OMB approval of this
information collection on its forms. The expiration date, however, will be published in the
Federal Register. The forms contained in this ICR do not change from year to year nor do they
expire. Inclusion of an expiration date on the forms could mislead the regulated community to
believe they are not required to comply with the 29 CFR Part 1904 requirements beyond that
date. For example, if an employer has an old copy of the forms package, which is still relevant,
but contains an expiration date that has already passed, the respondent may mistakenly believe
they are no longer required to maintain these forms. Furthermore, because of the large scope of
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this ICR (1,541,900 respondents), OSHA anticipates printing the forms package in very large
increments. Distribution of the packages is on a flow basis from various OSHA and State offices
throughout the nation. This could potentially lead to logistical problems in ensuring that only
packages with unexpired dates be distributed and could also potentially lead to waste of
resources.
18.

Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork
Reduction Act Submission," of OMB 83-I.

There are no exceptions to the certification statement identified in item 19, “Certification
for Paperwork Reduction Act Submission,” of OMB 83-I.

B. Collection Methods
This collection does not employ statistical methods.

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Attachment 1
Occupational Safety and Health Act of 1970

29 U.S.C 657 Section 8( c)(2)
29 U.S.C. 673 Section 24(a)

Attachment 2
Title 29 CFR Part 1904

Recordkeeping and Reporting
Occupational Injuries and Illnesses

Attachment 3
OSHA Forms Package

Attachment 4
National Automobile Dealers Association Comments and
Federal Register Notice

\