Recordkeeping and Reporting Occupational Injuries and Illnesses (29 CFR Part 1904)

Forms and Documents

Document Name	Status
Form OSHA 6-40.1 Reporting Occupational Injuries and Illnesses Form and Instruction	Modified
Form OSHA Forms 300, 30 Recordkeeping Occupational Injuries and Illnesses (29 CFR Part 1904) Form and Instruction	Modified
29 CFR 1904 eCFR — Code of Federal Regulations download 07.23.18.pdf Supplementary Document	2018-07-23
ss 0176 tracking NPRM 07.30.18nt.docx Supporting Statement A	2018-07-30
29 USC 673 Sec 24.pdf Supplementary Document	2008-01-16
29 USC 657 Sec 8.pdf Supplementary Document	2008-01-15

IC Document Collections

IC ID	Document Title	Status
212582	Reporting Occupational Injuries and Illnesses Form and Instruction	Modified
14117	Recordkeeping Occupational Injuries and Illnesses (29 CFR Part 1904) Form and Instruction	Modified

ICR Details

OMB Control No: 1218-0176	ICR Reference No: 201807-1218-002
Status: Historical Inactive	Previous ICR Reference No: 201712-1218-004
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0176(2018)- Tracking NPRM
Title: Recordkeeping and Reporting Occupational Injuries and Illnesses (29 CFR Part 1904)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/31/2018
	Date Received in OIRA: 07/30/2018
Terms of Clearance: OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2021	36 Months From Approved	06/30/2021
Responses	6,212,616	0	6,212,616
Time Burden (Hours)	2,253,550	0	2,253,550
Cost Burden (Dollars)	0	0	0

---

Abstract: The OSH Act and 29 CFR Part 1904 prescribe that certain employers maintain records of job related injuries and illnesses. The data are needed by OSHA to carry out intervention and enforcement activities to guarantee workers safe and healthful workplaces. The data are also needed by BLS to produce national statistics on occupational injuries and illnesses. This proposed rule would amend OSHA’s recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. These establishments will continue to be required to submit information from their Form 300A summaries. OSHA is amending its recordkeeping regulations to protect sensitive worker information from potential disclosure under the Freedom of Information Act (FOIA). OSHA has preliminarily determined that the risk of disclosure of this information, the costs to OSHA of collecting and using the information, and the reporting burden on employers are unjustified given the uncertain benefits of collecting the information. OSHA believes that this proposal maintains safety and health protections for workers while also reducing the burden to employers of complying with the current rule. OSHA seeks comment on this proposal, particularly on its impact on worker privacy, including the risks posed by exposing workers’ sensitive information to possible FOIA disclosure. In addition, OSHA is proposing to require covered employers to submit their Employer Identification Number (EIN) electronically along with their injury and illness data submission.

---

Authorizing Statute(s): US Code: 29 USC 673(a) Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 657(c)(2) Name of Law: Occupational Safety and Health Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1218-AD17	Proposed rulemaking	83 FR 36494	07/30/2018

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 36494	07/30/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 36494	07/30/2018
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Recordkeeping Occupational Injuries and Illnesses (29 CFR Part 1904)	OSHA Forms 300, 300A and 301, OSHA 6-40.2, OSHA Injury Tracking Application, OSHA Forms 300, 300A and 301	Log of Work Related Injuries and Illnesses, Summary of Work-Related Injuries and Illnesses, Injury and Illness Incident Report ,   OSHA Form 6-40.2 ,   Proposed OSHA Injury Tracking Application screen collecting EIN information ,   Excel Spreadsheets - Log of Work Related Injuries and Illnesses, Summary of Work-Related Injuries and Illnesses, Injury and Illness Incident Report
Reporting Occupational Injuries and Illnesses	OSHA 6-40.1	Serious Event Reporting Online Form

---

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This ICR includes only program changes. OSHA estimates a decrease of 116,597 burden hours from the currently approved estimate of 2,253,550 hours to 2,136,953. There is a program change decrease of 155,042 hours for rescinding the additional reporting requirements contained in the 1904.41. There is a program change increase of 38,445 hours for the collection of the Employer Identification Number.

---

Annual Cost to Federal Government: $1,002,800

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/30/2018

---