29 CFR Part 1904 -- Recording and Reporting Occupational Injuries and Illnesses

eCFR — Code of Federal Regulations
About GPO

|   Newsroom/Media

|  
Congressional Relations

|  
Inspector General

|  
Careers

|  
Contact

|  
askGPO

|  
Help

Home

|  
Customers

|  
Vendors

|  
Libraries

FDsys:
GPO's Federal Digital System
About FDsys
Search Government Publications
Browse Government Publications

ELECTRONIC CODE OF FEDERAL REGULATIONS
View past updates to the e-CFR.
Click here to learn more.

e-CFR Navigation Aids

e-CFR data is current as of November 15, 2016

Browse / Search Previous

• Browse
• Simple Search

Title 29 → Subtitle B → Chapter XVII → Part 1904

• Advanced Search
* Boolean
  * Proximity

Browse Previous | Browse Next

Title 29: Labor

• Search History
• Search Tips
• Corrections

PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES

• Latest Updates

Contents

• User Info

Subpart A—Purpose

• FAQs
• Agency List
• Incorporation By Reference
Related Resources
The Code of Federal Regulations
(CFR) annual edition is the codification
of the general and permanent rules
published in the Federal Register by the
departments and agencies of the
Federal Government produced by the
Office of the Federal Register (OFR) and
the Government Publishing Office.
Download the Code of Federal
Regulations in XML.
Parallel Table of Authorities and Rules
for the Code of Federal Regulations and
the United States Code
Text | PDF
Find, review, and submit comments on
Federal rules that are open for comment
and published in the Federal Register
using Regulations.gov.
Purchase individual CFR titles from
the U.S. Government Online Bookstore.
Find issues of the CFR (including issues
prior to 1996) at a local Federal
depository library.
[A2]

§1904.0   Purpose.

Subpart B—Scope
§1904.1   Partial exemption for employers with 10 or fewer employees.
§1904.2   Partial exemption for establishments in certain industries.
§1904.3   Keeping records for more than one agency.
Non-Mandatory Appendix A to Subpart B of Part 1904—Partially Exempt Industries

Subpart C—Recordkeeping Forms and Recording Criteria
§1904.4   Recording criteria.
§1904.5   Determination of work-relatedness.
§1904.6   Determination of new cases.
§1904.7   General recording criteria.
§1904.8   Recording criteria for needlestick and sharps injuries.
§1904.9   Recording criteria for cases involving medical removal under OSHA standards.
§1904.10   Recording criteria for cases involving occupational hearing loss.
§1904.11   Recording criteria for work-related tuberculosis cases.
§§1904.13-1904.28   [Reserved]
§1904.29   Forms.

Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements
§1904.30   Multiple business establishments.
§1904.31   Covered employees.
§1904.32   Annual summary.
§1904.33   Retention and updating.
§1904.34   Change in business ownership.
§1904.35   Employee involvement.
§1904.36   Prohibition against discrimination.
§1904.37   State recordkeeping regulations.
§1904.38   Variances from the recordkeeping rule.

Subpart E—Reporting Fatality, Injury and Illness Information to the Government
§1904.39   Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA.
§1904.40   Providing records to government representatives.
§1904.41   Annual OSHA injury and illness survey of ten or more employers.
§1904.42   Requests from the Bureau of Labor Statistics for data.
Appendix A to Subpart E to Part 1904—xxx

Subpart F—Transition From the Former Rule
§1904.43   Summary and posting of the 2001 data.

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations
§1904.44   Retention and updating of old forms.
§1904.45   OMB control numbers under the Paperwork Reduction Act

Subpart G—Definitions
§1904.46   Definitions.

AuthoritY: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Source: 66 FR 6122, Jan. 19, 2001, unless otherwise noted.
Back to Top

Subpart A—Purpose
Back to Top

§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.
Back to Top

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.
Back to Top

§1904.1   Partial exemption for employers with 10 or fewer employees.
(a) Basic requirement. (1) If your company had ten (10) or fewer employees at all times during the last calendar year,
you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must
keep records under §1904.41 or §1904.42. However, as required by §1904.39, all employers covered by the OSH Act
must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.
(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—(1) Is the partial exemption for size based on the size of my entire company or on the size of an
individual business establishment? The partial exemption for size is based on the number of employees in the entire
company.
(2) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if
you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If
you had no more than 10 employees at any time in the last calendar year, your company qualifies for the partial exemption
for size.
Back to Top

§1904.2   Partial exemption for establishments in certain industries.
(a) Basic requirement. (1) If your business establishment is classified in a specific industry group listed in appendix A
to this subpart, you do not need to keep OSHA injury and illness records unless the government asks you to keep the
records under §1904.41 or §1904.42. However, all employers must report to OSHA any workplace incident that results in
an employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see §1904.39).
(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—(1) Is the partial industry classification exemption based on the industry classification of my entire

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

company or on the classification of individual business establishments operated by my company? The partial industry
classification exemption applies to individual business establishments. If a company has several business establishments
engaged in different classes of business activities, some of the company's establishments may be required to keep
records, while others may be partially exempt.
(2) How do I determine the correct NAICS code for my company or for individual establishments? You can determine
your NAICS code by using one of three methods, or you may contact your nearest OSHA office or State agency for help in
determining your NAICS code:
(i) You can use the search feature at the U.S. Census Bureau NAICS main Web page:
http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your
kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will
appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain
other choices.
(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/. Then click on the two-digit Sector code to see all the NAICS
codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as
cross-references and index items, when available.
(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]
Back to Top

§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.
Back to Top

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
4412
4431
4461
4471
4481
4482
4483
4511
4512
4531
4532
4812
4861
4862
4869
4879
4885
5111
5112
5121
5122
5151

Industry
Other Motor Vehicle Dealers.
Electronics and Appliance Stores.
Health and Personal Care Stores.
Gasoline Stations.
Clothing Stores.
Shoe Stores.
Jewelry, Luggage, and Leather Goods Stores.
Sporting Goods, Hobby, and Musical Instrument Stores.
Book, Periodical, and Music Stores.
Florists.
Office Supplies, Stationery, and Gift Stores.
Nonscheduled Air Transportation.
Pipeline Transportation of Crude Oil.
Pipeline Transportation of Natural Gas.
Other Pipeline Transportation.
Scenic and Sightseeing Transportation, Other.
Freight Transportation Arrangement.
Newspaper, Periodical, Book, and Directory Publishers.
Software Publishers.
Motion Picture and Video Industries.
Sound Recording Industries.
Radio and Television Broadcasting.

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

5172
5173
5179
5181
5182
5191
5211
5221
5222
5223
5231
5232
5239
5241
5242
5251
5259
5312
5331
5411
5412
5413
5414
5415
5416
5417
5418
5511
5611
5614
5615
5616
6111
6112
6113
6114
6115
6116
6117
6211
6212
6213
6214
6215
6244
7114
7115
7213
7221
7222
7224
8112
8114
8121
8122
8131
8132
8133
8134
8139

Wireless Telecommunications Carriers (except Satellite).
Telecommunications Resellers.
Other Telecommunications.
Internet Service Providers and Web Search Portals.
Data Processing, Hosting, and Related Services.
Other Information Services.
Monetary Authorities—Central Bank.
Depository Credit Intermediation.
Nondepository Credit Intermediation.
Activities Related to Credit Intermediation.
Securities and Commodity Contracts Intermediation and Brokerage.
Securities and Commodity Exchanges.
Other Financial Investment Activities.
Insurance Carriers.
Agencies, Brokerages, and Other Insurance Related Activities.
Insurance and Employee Benefit Funds.
Other Investment Pools and Funds.
Offices of Real Estate Agents and Brokers.
Lessors of Nonfinancial Intangible Assets (except Copyrighted Works).
Legal Services.
Accounting, Tax Preparation, Bookkeeping, and Payroll Services.
Architectural, Engineering, and Related Services.
Specialized Design Services.
Computer Systems Design and Related Services.
Management, Scientific, and Technical Consulting Services.
Scientific Research and Development Services.
Advertising and Related Services.
Management of Companies and Enterprises.
Office Administrative Services.
Business Support Services.
Travel Arrangement and Reservation Services.
Investigation and Security Services.
Elementary and Secondary Schools.
Junior Colleges.
Colleges, Universities, and Professional Schools.
Business Schools and Computer and Management Training.
Technical and Trade Schools.
Other Schools and Instruction.
Educational Support Services.
Offices of Physicians.
Offices of Dentists.
Offices of Other Health Practitioners.
Outpatient Care Centers.
Medical and Diagnostic Laboratories.
Child Day Care Services.
Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures.
Independent Artists, Writers, and Performers.
Rooming and Boarding Houses.
Full-Service Restaurants.
Limited-Service Eating Places.
Drinking Places (Alcoholic Beverages).
Electronic and Precision Equipment Repair and Maintenance.
Personal and Household Goods Repair and Maintenance.
Personal Care Services.
Death Care Services.
Religious Organizations.
Grantmaking and Giving Services.
Social Advocacy Organizations.
Civic and Social Organizations.
Business, Professional, Labor, Political, and Similar Organizations.

[79 FR 56186, Sept. 18, 2014]
Back to Top

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

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.
Back to Top

§1904.4   Recording criteria.
(a) Basic requirement. Each employer required by this part to keep records of fatalities, injuries, and illnesses must
record each fatality, injury and illness that:
(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—(1) What sections of this rule describe recording criteria for recording work-related injuries and
illnesses? The table below indicates which sections of the rule address each topic.
(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? The decision tree for recording work-related
injuries and illnesses below shows the steps involved in making this determination.

View or download PDF
Back to Top

§1904.5   Determination of work-relatedness.
(a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work
environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or
illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work
environment, unless an exception in §1904.5(b)(2) specifically applies.
(b) Implementation. (1) What is the “work environment”? OSHA defines the work environment as “the establishment
and other locations where one or more employees are working or are present as a condition of their employment. The
work environment includes not only physical locations, but also the equipment or materials used by the employee during
the course of his or her work.”
(2) Are there situations where an injury or illness occurs in the work environment and is not considered work-related?
Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not workrelated, and therefore is not recordable.

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

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: 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.
(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? In these situations, you must evaluate the employee's work duties and
environment to decide whether or not one or more events or exposures in the work environment either caused or
contributed to the resulting condition or significantly aggravated a pre-existing condition.
(4) How do I know if an event or exposure in the work environment “significantly aggravated” a preexisting injury or
illness? A preexisting injury or illness has been significantly aggravated, for purposes of OSHA injury and illness
recordkeeping, when an event or exposure in the work environment results in any of the following:
(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? An injury or illness is a preexisting condition if
it resulted solely from a non-work-related event or exposure that occured outside the work environment.
(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 and illnesses that occur while an employee is on travel status are work-related if, at the time of
the injury or illness, the employee was engaged in work activities “in the interest of the employer.” Examples of such
activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to
transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in
at the direction of the employer).
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.
If the
1904.5 employee
(b)(6) has .  .  . You may use the following to determine if an injury or illness is work-related
(i)
checked When a traveling employee checks into a hotel, motel, or into an other temporary residence, he or she
into a
establishes a “home away from home.” You must evaluate the employee's activities after he or she
hotel or
checks into the hotel, motel, or other temporary residence for their work-relatedness in the same
motel for manner as you evaluate the activities of a non-traveling employee. When the employee checks into the
one or
temporary residence, he or she is considered to have left the work environment. When the employee
more
begins work each day, he or she re-enters the work environment. If the employee has established a
days
“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
Injuries or illnesses are not considered work-related if they occur while the employee is on a personal

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

detour for detour from a reasonably direct route of travel (e.g., has taken a side trip for personal reasons).
personal
reasons
(7) How do I decide if a case is work-related when the employee is working at home? Injuries and illnesses that occur
while an employee is working at home, including work in a home office, will be considered work-related if the injury or
illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is
directly related to the performance of work rather than to the general home environment or setting. For example, if an
employee drops a box of work documents and injures his or her foot, the case is considered work-related. If an employee's
fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected and
requires medical treatment, the injury is considered work-related. If an employee is injured because he or she trips on the
family dog while rushing to answer a work phone call, the case is not considered work-related. If an employee working at
home is electrocuted because of faulty home wiring, the injury is not considered work-related.
Back to Top

§1904.6   Determination of new cases.
(a) Basic requirement. You must consider an injury or illness to be a “new case” if:
(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—(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? No, for occupational illnesses where the signs
or symptoms may recur or continue in the absence of an exposure in the workplace, the case must only be recorded once.
Examples may include occupational cancer, asbestosis, byssinosis and silicosis.
(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? Yes, because the
episode or recurrence was caused by an event or exposure in the workplace, the incident must be treated 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? You are not required to seek the advice of a physician or other licensed health care
professional. However, if you do seek such advice, you must follow the physician or other licensed health care
professional's recommendation about whether the case is a new case or a recurrence. If you receive recommendations
from two or more physicians or other licensed health care professionals, you must make a decision as to which
recommendation is the most authoritative (best documented, best reasoned, or most authoritative), and record the case
based upon that recommendation.
Back to Top

§1904.7   General recording criteria.
(a) Basic requirement. You must consider an injury or illness to meet the general recording criteria, and therefore to
be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job,
medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording
criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, 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.
(b) Implementation—(1) How do I decide if a case meets one or more of the general recording criteria? A work-related
injury or illness must be recorded if it results in one or more of the following:
(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? You must record an injury or
illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death. You
must also report any work-related fatality to OSHA within eight (8) hours, as required by §1904.39.
(3) How do I record a work-related injury or illness that results in days away from work? When an injury or illness

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

involves one or more days away from work, you must record the injury or illness on the OSHA 300 Log with a check mark
in the space for cases involving days away and an entry of the number of calendar days away from work in the number of
days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the
employee will be away, and update the day count when the actual number of days is known.
(i) Do I count the day on which the injury occurred or the illness began? No, you begin counting days away on the day
after 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? You must record these injuries and illnesses on the
OSHA 300 Log using the check box for cases with days away from work and enter the number of calendar days away
recommended by the physician or other licensed health care professional. If a physician or other licensed health care
professional recommends days away, you should encourage your employee to follow that recommendation. However, the
days away must be recorded whether the injured or ill employee follows the physician or licensed health care
professional's recommendation or not. If you receive recommendations from two or more physicians or other licensed
health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the
case based upon that recommendation.
(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? In this situation, you must end the count of days away from work
on the date the physician or other licensed health care professional recommends that the employee return to work.
(iv) How do I count weekends, holidays, or other days the employee would not have worked anyway? You must count
the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or
not the employee was scheduled to work on those day(s). Weekend days, holidays, vacation days or other days off are
included in the total number of days recorded if the employee would not have been able to work on those days because of
a work-related injury or illness.
(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? You need to record this case only if you receive information from a
physician or other licensed health care professional indicating that the employee should not have worked, or should have
performed only restricted work, during the weekend. If so, you must record the injury or illness as a case with days away
from work or restricted work, and enter the day counts, as appropriate.
(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? You need to record a case of this type only if you receive
information from a physician or other licensed health care professional indicating that the employee should not have
worked, or should have performed only restricted work, during the scheduled time off. If so, you must record the injury or
illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.
(vii) Is there a limit to the number of days away from work I must count? Yes, you may “cap” the total days away at
180 calendar days. You are not required to keep track of the number of calendar days away from work if the injury or
illness resulted in more than 180 calendar days away from work and/or days of job transfer or restriction. In such a case,
entering 180 in the total days away column will be considered adequate.
(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? Yes, if the employee leaves your company for some reason unrelated to the injury or illness, such as
retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job
transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days
away or days of restriction/job transfer and enter the day count on the 300 Log.
(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? No, you only record the injury or illness once. You must enter the number of calendar days away for the injury or
illness on the OSHA 300 Log for the year in which the injury or illness occurred. If the employee is still away from work
because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you
expect the employee to be away from work, use this number to calculate the total for the annual summary, and then
update the initial log entry later when the day count is known or reaches the 180-day cap.
(4) How do I record a work-related injury or illness that results in restricted work or job transfer? When an injury or
illness involves restricted work or job transfer but does not involve death or days away from work, you must record the
injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of
the number of restricted or transferred days in the restricted workdays column.
(i) How do I decide if the injury or illness resulted in restricted work? Restricted work occurs when, as the result of a
work-related injury or illness:
(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”? For recordkeeping purposes, an employee's routine functions are those work
activities the employee regularly performs at least once per week.
(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? No, you do not have to record restricted work or job transfers if you, or the physician or other licensed
health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

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? No, a recommended work restriction is recordable only if it
affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the
restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or
other licensed health care professional keeps the employee from performing one or more of his or her routine job
functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work
has been restricted and you must record the 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? A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the
day on which the injury occurred or the illness began.
(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? No, the case is considered restricted work only if the worker does not perform all of the routine functions of his or
her job or does not work the full shift that he or she would otherwise have worked.
(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”? If you are not clear about the physician or other licensed
health care professional's recommendation, you may ask that person whether the employee can do all of his or her routine
job functions and work all of his or her normally assigned work shift. If the answer to both of these questions is “Yes,” then
the case does not involve a work restriction and does not have to be recorded as such. If the answer to one or both of
these questions is “No,” the case involves restricted work and must be recorded as a restricted work case. If you are
unable to obtain this additional information from the physician or other licensed health care professional who
recommended the restriction, record the injury or illness as a case involving restricted work.
(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? You must record the injury or
illness on the OSHA 300 Log as a restricted work case. If a physician or other licensed health care professional
recommends a job restriction, you should ensure that the employee complies with that restriction. If you receive
recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to
which recommendation is the most authoritative, and record the case based upon that recommendation.
(ix) How do I decide if an injury or illness involved a transfer to another job? If you assign an injured or ill employee to
a job other than his or her regular job for part of the day, the case involves transfer to another job. Note: This does not
include the day on which the injury or illness occurred.
(x) Are transfers to another job recorded in the same way as restricted work cases? Yes, both job transfer and
restricted work cases are recorded in the same box on the OSHA 300 Log. For example, if you assign, or a physician or
other licensed health care professional recommends that you assign, an injured or ill worker to his or her routine job duties
for part of the day and to another job for the rest of the day, the injury or illness involves a job transfer. You must record an
injury or illness that involves a job transfer by placing a check in the box for job transfer.
(xi) How do I count days of job transfer or restriction? You count days of job transfer or restriction in the same way you
count days away from work, using §1904.7(b)(3)(i) to (viii), above. The only difference is that, if you permanently assign
the injured or ill employee to a job that has been modified or permanently changed in a manner that eliminates the routine
functions the employee was restricted from performing, you may stop the day count when the modification or change is
made permanent. You must count at least one day of restricted work or job transfer for such cases.
(5) How do I record an injury or illness that involves medical treatment beyond first aid? If a work-related injury or
illness results in medical treatment beyond first aid, you must record it on the OSHA 300 Log. If the injury or illness did not
involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer,
you enter a check mark in the box for cases where the employee received medical treatment but remained at work and
was not transferred or restricted.
(i) What is the definition of medical treatment? “Medical treatment” means the management and care of a patient to
combat disease or disorder. For the purposes of part 1904, medical treatment does not include:
(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., eye drops to dilate pupils); or
(C) “First aid” as defined in paragraph (b)(5)(ii) of this section.
(ii) What is “first aid”? For the purposes of part 1904, “first aid” means the following:
(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 nonprescription 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-AidsTM, gauze pads, etc.; or using butterfly bandages or SteriTM

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

Strips

(other wound closing devices such as sutures, staples, etc., are considered medical treatment);

(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., splints, slings, neck collars,
back boards, etc.).
(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? No, this is a complete list of all treatments considered first aid for
part 1904 purposes.
(iv) Does the professional status of the person providing the treatment have any effect on what is considered first aid
or medical treatment? No, OSHA considers the treatments listed in §1904.7(b)(5)(ii) of this part to be first aid regardless of
the professional status of the person providing the treatment. Even when these treatments are provided by a physician or
other licensed health care professional, they are considered first aid for the purposes of part 1904. Similarly, OSHA
considers treatment beyond first aid to be medical treatment even when it is provided by someone other than a physician
or other licensed health care professional.
(v) What if a physician or other licensed health care professional recommends medical treatment but the employee
does not follow the recommendation? If a physician or other licensed health care professional recommends medical
treatment, you should encourage the injured or ill employee to follow that recommendation. However, you must record the
case even if the injured or ill employee does not follow the physician or other licensed health care professional's
recommendation.
(6) Is every work-related injury or illness case involving a loss of consciousness recordable? Yes, you must record a
work-related injury or illness if the worker becomes unconscious, regardless of the length of time the employee remains
unconscious.
(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? Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a
punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other
licensed health care professional.
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.
Back to Top

§1904.8   Recording criteria for needlestick and sharps injuries.
(a) Basic requirement. You must record all work-related needlestick injuries and cuts from sharp objects that are
contaminated with another person's blood or other potentially infectious material (as defined by 29 CFR 1910.1030). You
must enter the case on the OSHA 300 Log as an injury. To protect the employee's privacy, you may not enter the
employee's name on the OSHA 300 Log (see the requirements for privacy cases in paragraphs 1904.29(b)(6) through
1904.29(b)(9)).
(b) Implementation—(1) What does “other potentially infectious material” mean? The term “other potentially infectious
materials” is defined in the OSHA Bloodborne Pathogens standard at §1910.1030(b). These materials include:
(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

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

experimental animals.
(2) Does this mean that I must record all cuts, lacerations, punctures, and scratches? No, you need to record cuts,
lacerations, punctures, and scratches only if they are work-related and involve contamination with another person's blood
or other potentially infectious material. If the cut, laceration, or scratch involves a clean object, or a contaminant other than
blood or other potentially infectious material, you need to record the case only if it meets one or more of the recording
criteria in §1904.7.
(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? Yes, you must update the classification of the case on the OSHA 300 Log if the case results in
death, days away from work, restricted work, or job transfer. You must also update the description to identify the infectious
disease and change the classification of the case from an injury to an illness.
(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? You need to record such an incident on the OSHA 300 Log as an
illness if:
(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.
Back to Top

§1904.9   Recording criteria for cases involving medical removal under OSHA standards.
(a) Basic requirement. If an employee is medically removed under the medical surveillance requirements of an OSHA
standard, you must record the case on the OSHA 300 Log.
(b) Implementation—(1) How do I classify medical removal cases on the OSHA 300 Log? You must enter each
medical removal case on the OSHA 300 Log as either a case involving days away from work or a case involving restricted
work activity, depending on how you decide to comply with the medical removal requirement. If the medical removal is the
result of a chemical exposure, you must enter the case on the OSHA 300 Log by checking the “poisoning” column.
(2) Do all of OSHA's standards have medical removal provisions? No, some OSHA standards, such as the standards
covering bloodborne pathogens and noise, do not have medical removal provisions. Many OSHA standards that cover
specific chemical substances have medical removal provisions. These standards include, but are not limited to, lead,
cadmium, methylene chloride, formaldehyde, and benzene.
(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? No, if the case involves voluntary medical removal before the medical removal
levels required by an OSHA standard, you do not need to record the case on the OSHA 300 Log.
Back to Top

§1904.10   Recording criteria for cases involving occupational hearing loss.
(a) Basic requirement. If an employee's hearing test (audiogram) reveals that the employee has experienced a workrelated Standard Threshold Shift (STS) in hearing in one or both ears, and the employee's total hearing level is 25 decibels
(dB) or more above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS, you must
record the case on the OSHA 300 Log.
(b) Implementation—(1) What is a Standard Threshold Shift? A Standard Threshold Shift, or STS, is defined in the
occupational noise exposure standard at 29 CFR 1910.95(g)(10)(i) as a change in hearing threshold, relative to the
baseline audiogram for that employee, of an average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz) in
one or both ears.
(2) How do I evaluate the current audiogram to determine whether an employee has an STS and a 25-dB hearing
level?—(i) STS. If the employee has never previously experienced a recordable hearing loss, you must compare the
employee's current audiogram with that employee's baseline audiogram. If the employee has previously experienced a
recordable hearing loss, you must compare the employee's current audiogram with the employee's revised baseline
audiogram (the audiogram reflecting the employee's previous recordable hearing loss case).
(ii) 25-dB loss. Audiometric test results reflect the employee's overall hearing ability in comparison to audiometric
zero. Therefore, using the employee's current audiogram, you must use the average hearing level at 2000, 3000, and
4000 Hz to determine whether or not the employee's total hearing level is 25 dB or more.
(3) May I adjust the current audiogram to reflect the effects of aging on hearing? Yes. When you are determining
whether an STS has occurred, you may age adjust the employee's current audiogram results by using Tables F-1 or F-2,
as appropriate, in appendix F of 29 CFR 1910.95. You may not use an age adjustment when determining whether the
employee's total hearing level is 25 dB or more above audiometric zero.
(4) Do I have to record the hearing loss if I am going to retest the employee's hearing? No, if you retest the
employee's hearing within 30 days of the first test, and the retest does not confirm the recordable STS, you are not
required to record the hearing loss case on the OSHA 300 Log. If the retest confirms the recordable STS, you must record
the hearing loss illness within seven (7) calendar days of the retest. If subsequent audiometric testing performed under the
testing requirements of the §1910.95 noise standard indicates that an STS is not persistent, you may erase or line-out the

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

recorded entry.
(5) Are there any special rules for determining whether a hearing loss case is work-related? No. You must use the
rules in §1904.5 to determine if the hearing loss is work-related. If an event or exposure in the work environment either
caused or contributed to the hearing loss, or significantly aggravated a pre-existing hearing loss, you must consider the
case to be 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?If a physician or other licensed health care professional determines that the hearing loss is not
work-related or has not been significantly aggravated by occupational noise exposure, you are not required to consider the
case work-related or to record the case on the OSHA 300 Log.
(7) How do I complete the 300 Log for a hearing loss case? When you enter a recordable hearing loss case on the
OSHA 300 Log, you must check the 300 Log column for hearing loss.
(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]
Back to Top

§1904.11   Recording criteria for work-related tuberculosis cases.
(a) Basic requirement. If any of your employees has been occupationally exposed to anyone with a known case of
active tuberculosis (TB), and that employee subsequently develops a tuberculosis infection, as evidenced by a positive
skin test or diagnosis by a physician or other licensed health care professional, you must record the case on the OSHA
300 Log by checking the “respiratory condition” column.
(b) Implementation—(1) Do I have to record, on the Log, a positive TB skin test result obtained at a pre-employment
physical? No, you do not have to record it because the employee was not occupationally exposed to a known case of
active tuberculosis in your workplace.
(2) May I line-out or erase a recorded TB case if I obtain evidence that the case was not caused by occupational
exposure? Yes, you may line-out or erase the case from the Log under the following circumstances:
(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.
Back to Top

§§1904.13-1904.28   [Reserved]
Back to Top

§1904.29   Forms.
(a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries
and illnesses. The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses, the 300-A is the Summary of
Work-Related Injuries and Illnesses, and the OSHA 301 form is called the Injury and Illness Incident Report.
(b) Implementation—(1) What do I need to do to complete the OSHA 300 Log? You must enter information about your
business at the top of the OSHA 300 Log, enter a one or two line description for each recordable injury or illness, and
summarize this information on the OSHA 300-A at the end of the year.
(2) What do I need to do to complete the OSHA 301 Incident Report? You must complete an OSHA 301 Incident
Report form, or an equivalent form, for each recordable injury or illness entered on the OSHA 300 Log.
(3) How quickly must each injury or illness be recorded? You must enter each recordable injury 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.
(4) What is an equivalent form? An equivalent form is one that has the same information, is as readable and
understandable, and is completed using the same instructions as the OSHA form it replaces. Many employers use an
insurance form instead of the OSHA 301 Incident Report, or supplement an insurance form by adding any additional
information required by OSHA.
(5) May I keep my records on a computer? Yes, if the computer can produce equivalent forms when they are needed,
as described under §§1904.35 and 1904.40, you may keep your records using the computer system.
(6) Are there situations where I do not put the employee's name on the forms for privacy reasons? Yes, if you have a

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

“privacy concern case,” you may not enter the employee's name on the OSHA 300 Log. Instead, enter “privacy case” in
the space normally used for the employee's name. This will protect the privacy of the injured or ill employee when another
employee, a former employee, or an authorized employee representative is provided access to the OSHA 300 Log under
§1904.35(b)(2). You must keep a separate, confidential list of the case numbers and employee names for your privacy
concern cases so you can update the cases and provide the information to the government if asked to do so.
(7) How do I determine if an injury or illness is a privacy concern case? You must consider the following injuries or
illnesses to be privacy concern cases:
(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? No, this is a complete list of all
injuries and illnesses considered privacy concern cases for part 1904 purposes.
(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? Yes, if you have a reasonable
basis to believe that information describing the privacy concern case may be personally identifiable even though the
employee's name has been omitted, you may use discretion in describing the injury or illness on both the OSHA 300 and
301 forms. You must enter enough information to identify the cause of the incident and the general severity of the injury or
illness, but you do not need to include details of an intimate or private nature. For example, a sexual assault case could be
described as “injury from assault,” or an injury to a reproductive organ could be described as “lower abdominal injury.”
(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? If you
decide to voluntarily disclose the Forms to persons other than government representatives, employees, former employees
or authorized representatives (as required by §§1904.35 and 1904.40), you must remove or hide the employees' names
and other personally identifying information, except for the following cases. You may disclose the Forms with personally
identifying information only:
(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]
Back to Top

Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements
Back to Top

§1904.30   Multiple business establishments.
(a) Basic requirement. You must keep a separate OSHA 300 Log for each establishment that is expected to be in
operation for one year or longer.
(b) Implementation—(1) 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)? 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.
(2) May I keep the records for all of my establishments at my headquarters location or at some other central location?
Yes, you may keep the records for an establishment at your headquarters or other central location if you can:
(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.

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

(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? 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.
(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? 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.
Back to Top

§1904.31   Covered employees.
(a) Basic requirement. 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.
(b) Implementation—(1) 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? No, self-employed individuals are not covered by the OSH Act or this regulation.
(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? You must record these injuries and illnesses if you
supervise these employees on a day-to-day basis.
(3) If an employee in my establishment is a contractor's employee, must I record an injury or illness occurring to that
employee? 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.
(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? 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 dayto-day supervision) or on the other employer's OSHA 300 Log (if that company provides day-to-day supervision).
Back to Top

§1904.32   Annual summary.
(a) Basic requirement. At the end of each calendar year, you must:
(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—(1) How extensively do I have to review the OSHA 300 Log entries at the end of the year? You
must review the entries as extensively as necessary to make sure that they are complete and correct.
(2) How do I complete the annual summary? You must:
(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 §1904.6(b)(4),
the summary you use must also include the employee access and employer penalty statements found on the OSHA 300-A
Summary form.
(3) How do I certify the annual summary? 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.
(4) Who is considered a company executive? The company executive who certifies the log must be one of the
following persons:

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

(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? 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.
(6) When do I have to post the annual summary? 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.
Back to Top

§1904.33   Retention and updating.
(a) Basic requirement. 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.
(b) Implementation—(1) Do I have to update the OSHA 300 Log during the five-year storage period? 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.
(2) Do I have to update the annual summary? No, you are not required to update the annual summary, but you may
do so if you wish.
(3) Do I have to update the OSHA 301 Incident Reports? No, you are not required to update the OSHA 301 Incident
Reports, but you may do so if you wish.
Back to Top

§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.
Back to Top

§1904.35   Employee involvement.
(a) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in
several ways.
(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—(1) What must I do to make sure that employees report work-related injuries and illnesses to me?
(i) You must establish a reasonable procedure for employees to report work-related 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;
(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 workrelated 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? Yes,

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

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.
(i) Who is an authorized employee representative? An authorized employee representative is an authorized collective
bargaining agent of employees.
(ii) Who is a “personal representative” of an employee or former employee? A personal representative is:
(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? 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.
(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? 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).
(v) If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it?
(A) 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.
(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? 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.
[81 FR 29691, May 12, 2016; 81 FR 31854, May 20, 2016]
Back to Top

§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]
Back to Top

§1904.37   State recordkeeping regulations.
(a) Basic requirement. 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)).
(b) Implementation. (1) State-Plan States must have the same requirements as Federal OSHA for determining which
injuries and illnesses are recordable and how they are recorded.
(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

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

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]
Back to Top

§1904.38   Variances from the recordkeeping rule.
(a) Basic requirement. 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:
(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—(1) What do I need to include in my variance petition? You must include the following items in
your 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? The Assistant Secretary will take the following steps
to process your 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. 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.
(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 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.
(3) If I apply for a variance, may I use my proposed recordkeeping procedures while the Assistant Secretary is
processing the variance 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.
(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? 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.
(5) If I receive a variance, may the Assistant Secretary revoke the variance at a later date? 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:
(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.
Back to Top

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

Subpart E—Reporting Fatality, Injury and Illness Information to the Government
Link to an amendment published at 81 FR 29692, May 12, 2016.
Back to Top

§1904.39   Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related
incidents to OSHA.
(a) Basic requirement. (1) Within eight (8) hours after the death of any employee as a result of a work-related incident,
you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor.
(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—(1) 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? No, if
the Area Office is closed, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye using either
the 800 number or the reporting application located on OSHA's public Web site at www.osha.gov.
(2) What information do I need to give to OSHA about the in-patient hospitalization, amputation, or loss of an eye?
You must give OSHA the following information for each fatality, 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., fatality, in-patient hospitalization, amputation, or loss of an eye);
(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? If the motor vehicle accident occurred in a construction work zone, you
must report the fatality, in-patient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a
public street or highway, but not in a construction work zone, you do not have to report the fatality, in-patient
hospitalization, amputation, or loss of an eye to OSHA. However, the fatality, in-patient hospitalization, amputation, or loss
of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.
(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? No, you do not have to report the fatality, in-patient hospitalization,
amputation, or loss of an eye to OSHA if it occurred on a commercial or public transportation system (e.g., airplane, train,
subway, or bus). However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your
OSHA injury and illness records, if you are required to keep such records.
(5) Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack? Yes, your local
OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the 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? You must only report a fatality to OSHA if the fatality occurs within thirty (30) days of the workrelated incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to OSHA if
it occurs within twenty-four (24) hours of the work-related incident. However, the fatality, in-patient hospitalization,
amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such
records.
(7) What if I don't learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye right away?
If you do not learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye at the time it takes
place, you must make the report to OSHA within the following time period after the fatality, in-patient hospitalization,

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

amputation, or loss of an eye is reported to you or to any of your agent(s): Eight (8) hours for a fatality, and twenty-four
(24) hours for an in-patient hospitalization, an amputation, or a loss of an eye.
(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? If you do not learn right away that the reportable fatality, in-patient
hospitalization, amputation, or loss of an eye was the result of a work-related incident, you must make the report to OSHA
within the following time period after you or any of your agent(s) learn that the reportable fatality, in-patient hospitalization,
amputation, or loss of an eye was the result of a work-related incident: Eight (8) hours for a fatality, and twenty-four (24)
hours for an in-patient hospitalization, an amputation, or a loss of an eye.
(9) How does OSHA define “in-patient hospitalization”? OSHA defines in-patient hospitalization as a formal admission
to the in-patient service of a hospital or clinic for care or treatment.
(10) Do I have to report an in-patient hospitalization that involves only observation or diagnostic testing? No, you do
not have to report an in-patient hospitalization that involves only observation or diagnostic testing. You must only report to
OSHA each in-patient hospitalization that involves care or treatment.
(11) How does OSHA define “amputation”? An amputation is the traumatic loss of a limb or other external body part.
Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or
partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage;
amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations,
deglovings, scalpings, severed ears, or broken or chipped teeth.
[79 FR 56187, Sept. 18, 2014]
Back to Top

§1904.40   Providing records to government representatives.
(a) Basic requirement. When an authorized government representative asks for the records you keep under part
1904, you must provide copies of the records within four (4) business hours.
(b) Implementation—(1) What government representatives have the right to get copies of my part 1904 records? The
government representatives authorized to receive the records are:
(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?
OSHA will consider your response to be timely if you give the records to the government representative within four (4)
business hours of the request. If you maintain the records at a location in a different time zone, you may use the business
hours of the establishment at which the records are located when calculating the deadline.
Back to Top

§1904.41   Annual OSHA injury and illness survey of ten or more employers.
Link to an amendment published at 81 FR 29692, May 12, 2016.

(a) Basic requirement. If you receive OSHA's annual survey form, you must fill it out and send it to OSHA or OSHA's
designee, as stated on the survey form. You must report the following information for the year described on the form:
(1) the number of workers you employed;
(2) the number of hours worked by your employees; and
(3) the requested information from the records that you keep under part 1904.
(b) Implementation—(1) Does every employer have to send data to OSHA? No, each year, OSHA sends injury and
illness survey forms to employers in certain industries. In any year, some employers will receive an OSHA survey form and
others will not. You do not have to send injury and illness data to OSHA unless you receive a survey form.
(2) How quickly do I need to respond to an OSHA survey form? You must send the survey reports to OSHA, or
OSHA's designee, by mail or other means described in the survey form, within 30 calendar days, or by the date stated in
the survey form, whichever is later.
(3) Do I have to respond to an OSHA survey form if I am normally exempt from keeping OSHA injury and illness
records? Yes, even if you are exempt from keeping injury and illness records under §1904.1 to §1904.3, OSHA may
inform you in writing that it will be collecting injury and illness information from you in the following year. If you receive such
a letter, you must keep the injury and illness records required by §1904.5 to §1904.15 and make a survey report for the
year covered by the survey.

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

(4) Do I have to answer the OSHA survey form if I am located in a State-Plan State? Yes, all employers who receive
survey forms must respond to the survey, even those in State-Plan States.
(5) Does this section affect OSHA's authority to inspect my workplace? No, nothing in this section affects OSHA's
statutory authority to investigate conditions related to occupational safety and health.
Back to Top

§1904.42   Requests from the Bureau of Labor Statistics for data.
(a) Basic requirement. If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor
Statistics (BLS), or a BLS designee, you must promptly complete the form and return it following the instructions contained
on the survey form.
(b) Implementation—(1) Does every employer have to send data to the BLS? No, each year, the BLS sends injury and
illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury
and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to
send injury and illness data to the BLS unless you receive a survey form.
(2) If I get a survey form from the BLS, what do I have to do? If you receive a Survey of Occupational Injuries and
Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and
return it, following the instructions contained on the survey form.
(3) Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records?
Yes, even if you are exempt from keeping injury and illness records under §1904.1 to §1904.3, the BLS may inform you in
writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you
must keep the injury and illness records required by §1904.5 to §1904.15 and make a survey report for the year covered
by the survey.
(4) Do I have to answer the BLS survey form if I am located in a State-Plan State? Yes, all employers who receive a
survey form must respond to the survey, even those in State-Plan States.
Back to Top

Appendix A to Subpart E to Part 1904—xxx
Link to an amendment published at 81 FR 29693, May 12, 2016.

Back to Top

Subpart F—Transition From the Former Rule
Back to Top

§1904.43   Summary and posting of the 2001 data.
(a) Basic requirement. If you were required to keep OSHA 200 Logs in 2001, you must post a 2000 annual summary
from the OSHA 200 Log of occupational injuries and illnesses for each establishment.
(b) Implementation—(1) What do I have to include in the summary? (i) You must include a copy of the totals from the
2001 OSHA 200 Log and the following information from that form:
(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? (i) You must complete the summary by
February 1, 2002; and
(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.

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

(3) You must post the 2001 summary from February 1, 2002 to March 1, 2002.
Back to Top

§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.
Back to Top

§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
1904.4-35
1904.39-41
1904.42
1904.43-44

OMB Control No.
1218-0176
1218-0176
1220-0045
1218-0176

Back to Top

Subpart G—Definitions
Back to Top

§1904.46   Definitions.
The Act. The Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). The definitions
contained in section 3 of the Act (29 U.S.C. 652) and related interpretations apply to such terms when used in this part
1904.
Establishment. An establishment is a single physical location where business is conducted or where services or
industrial operations are performed. For activities where employees do not work at a single physical location, such as
construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment
is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from
which personnel carry out these activities.
(1) Can one business location include two or more establishments? Normally, one business location has only one
establishment. Under limited conditions, the employer may consider two or more separate businesses that share a single
location to be separate establishments. An employer may divide one location into two or more establishments only when:
(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 Standard Industrial Classification Manual (1987) 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? Yes, but only under certain conditions. An
employer may combine two or more physical locations into a single establishment only when:
(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? No, for
employees who telecommute from home, the employee's home is not a business establishment and a separate 300 Log is
not required. Employees who telecommute must be linked to one of your establishments under §1904.30(b)(3).

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]

eCFR — Code of Federal Regulations

Injury or illness. An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited
to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a
skin disease, respiratory disorder, or poisoning. (Note: Injuries and illnesses are recordable only if they are new, workrelated cases that meet one or more of the part 1904 recording criteria.)
Physician or Other Licensed Health Care Professional. A physician or other licensed health care professional is an
individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to
independently perform, or be delegated the responsibility to perform, the activities described by this regulation.
You. “You” means an employer as defined in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
652).
Back to Top

Need assistance?
732 North Capitol Street, NW, Washington, DC 20401-0001     202.512.1800

Privacy  
|  
Important Links  
|  
Accessibility  
|  
Sitemap  
|  
COOP

http://www.ecfr.gov/cgi-bin/text-idx?SID=830ce3088a854c791d0da4b686c4d870&mc=true&node=pt29.5.1904&rgn=div5[11/17/2016 1:06:36 PM]