Built from curated TXT subject index source: 29 CFR 1926 OSHA Subject Index.txt

Text source: eCFR API (part XML)

• Sections

  § 1903.1 — Purpose and scope. (OSHA.gov)

  The Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq. ) requires, in part, that every employer covered under the Act furnish to his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. The Act also requires that employers comply with occupational safety and health standards promulgated under the Act, and that employees comply with standards, rules, regulations and orders issued under the Act which are applicable to their own actions and conduct. The Act authorizes the Department of Labor to conduct inspections, and to issue citations and proposed penalties for alleged violations. The Act, under section 20(b), also authorizes the Secretary of Health, Education, and Welfare to conduct inspections and to question employers and employees in connection with research and other related activities. The Act contains provisions for adjudication of violations, periods prescribed for the abatement of violations, and proposed penalties by the Occupational Safety and Health Review Commission, if contested by an employer or by an employee or authorized representative of employees, and for judicial review. The purpose of this part 1903 is to prescribe rules and to set forth general policies for enforcement of the inspection, citation, and proposed penalty provisions of the Act. In situations where this part 1903 sets forth general enforcement policies rather than substantive or procedural rules, such policies may be modified in specific circumstances where the Secretary or his designee determines that an alternative course of action would better serve the objectives of the Act.

  § 1903.2 — Posting of notice; availability of the Act, regulations and applicable standards. (OSHA.gov)

  (a)(1)Each employer shall post and keep posted a notice or notices, to be furnished by the Occupational Safety and Health Administration, U.S. Department of Labor, informing employees of the protections and obligations provided for in the Act, and that for assistance and information, including copies of the Act and of specific safety and health standards, employees should contact the employer or the nearest office of the Department of Labor. Such notice or notices shall be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material.

  (2)Where a State has an approved poster informing employees of their protections and obligations as defined in § 1902.9 of this chapter, such poster, when posted by employers covered by the State plan, shall constitute compliance with the posting requirements of section 8(c)(1) of the Act. Employers whose operations are not within the issues covered by the State plan must comply with paragraph (a)(1) of this section.

  (3)Reproductions or facsimiles of such Federal or State posters shall constitute compliance with the posting requirements of section 8(c)(1) of the Act where such reproductions or facsimiles are at least 8 1/2 inches by 14 inches, and the printing size is at least 10 pt. Whenever the size of the poster increases, the size of the print shall also increase accordingly. The caption or heading on the poster shall be in large type, generally not less than 36 pt.

  (b)Establishment means a single physical location where business is conducted or where services or industrial operations are performed. (For example: A factory, mill, store, hotel, restaurant, movie theatre, farm, ranch, bank, sales office, warehouse, or central administrative office.) Where distinctly separate activities are performed at a single physical location (such as contract construction activities from the same physical location as a lumber yard), each activity shall be treated as a separate physical establishment, and a separate notice or notices shall be posted in each such establishment, to the extent that such notices have been furnished by the Occupational Safety and Health Administration, U.S. Department of Labor. Where employers are engaged in activities which are physically dispersed, such as agriculture, construction, transportation, communications, and electric, gas and sanitary services, the notice or notices required by this section shall be posted at the location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such as longshoremen, traveling salesmen, technicians, engineers, etc., such notice or notices shall be posted at the location from which the employees operate to carry out their activities. In all cases, such notice or notices shall be posted in accordance with the requirements of paragraph (a) of this section.

  (c)Copies of the Act, all regulations published in this chapter and all applicable standards will be available at all Area Offices of the Occupational Safety and Health Administration, U.S. Department of Labor. If an employer has obtained copies of these materials, he shall make them available upon request to any employee or his authorized representative for review in the establishment where the employee is employed on the same day the request is made or at the earliest time mutually convenient to the employee or his authorized representative and the employer.

  (d)Any employer failing to comply with the provisions of this section shall be subject to citation and penalty in accordance with the provisions of § 1903.15(d).

  [36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974; 80 FR 49904, Aug. 18, 2015; 81 FR 43452, July 1, 2016]

  § 1903.3 — Authority for inspection. (OSHA.gov)

  (a)Compliance Safety and Health Officers of the Department of Labor are authorized to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein; to question privately any employer, owner, operator, agent or employee; and to review records required by the Act and regulations published in this chapter, and other records which are directly related to the purpose of the inspection. Representatives of the Secretary of Health, Education, and Welfare are authorized to make inspections and to question employers and employees in order to carry out the functions of the Secretary of Health, Education, and Welfare under the Act. Inspections conducted by Department of Labor Compliance Safety and Health Officers and representatives of the Secretary of Health, Education, and Welfare under section 8 of the Act and pursuant to this part 1903 shall not affect the authority of any State to conduct inspections in accordance with agreements and plans under section 18 of the Act.

  (b)Prior to inspecting areas containing information which is classified by an agency of the United States Government in the interest of national security, Compliance Safety and Health Officers shall have obtained the appropriate security clearance.

  § 1903.4 — Objection to inspection. (OSHA.gov)

  (a)Upon a refusal to permit the Compliance Safety and Health Officer, in exercise of his official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, to review records, or to question any employer, owner, operator, agent, or employee, in accordance with § 1903.3 or to permit a representative of employees to accompany the Compliance Safety and Health Officer during the physical inspection of any workplace in accordance with § 1903.8, the Safety and Health Officer shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records, or interviews concerning which no objection is raised. The Compliance Safety and Health Officer shall endeavor to ascertain the reason for such refusal, and shall immediately report the refusal and the reason therefor to the Area Director. The Area Director shall consult with the Regional Solicitor, who shall take appropriate action, including compulsory process, if necessary.

  (b)Compulsory process shall be sought in advance of an attempted inspection or investigation if, in the judgment of the Area Director and the Regional Solicitor, circumstances exist which make such preinspection process desirable or necessary. Some examples of circumstances in which it may be desirable or necessary to seek compulsory process in advance of an attempt to inspect or investigate include (but are not limited to):

  (1)When the employer's past practice either implicitly or explicitly puts the Secretary on notice that a warrantless inspection will not be allowed;

  (2)When an inspection is scheduled far from the local office and procuring a warrant prior to leaving to conduct the inspection would avoid, in case of refusal of entry, the expenditure of significant time and resources to return to the office, obtain a warrant and return to the worksite;

  (3)When an inspection includes the use of special equipment or when the presence of an expert or experts is needed in order to properly conduct the inspection, and procuring a warrant prior to an attempt to inspect would alleviate the difficulties or costs encountered in coordinating the availability of such equipment or expert.

  (c)With the approval of the Regional Administrator and the Regional Solicitor, compulsory process may also be obtained by the Area Director or his designee.

  (d)For purposes of this section, the term compulsory process shall mean the institution of any appropriate action, including ex parte application for an inspection warrant or its equivalent. Ex parte inspection warrants shall be the preferred form of compulsory process in all circumstances where compulsory process is relied upon to seek entry to a workplace under this section.

  [45 FR 65923, Oct. 3, 1980]

  § 1903.5 — Entry not a waiver. (OSHA.gov)

  Any permission to enter, inspect, review records, or question any person, shal not imply or be conditioned upon a waiver of any cause of action, citation, or penalty under the Act. Compliance Safety and Health Officers are not authorized to grant any such waiver.

  § 1903.6 — Advance notice of inspections. (OSHA.gov)

  (a)Advance notice of inspections may not be given, except in the following situations:

  (1)In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible;

  (2)In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection;

  (3)Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection; and

  (4)In other circumstances where the Area Director determines that the giving of advance notice would enhance the probability of an effective and thorough inspection.

  (b)In the situations described in paragraph (a) of this section, advance notice of inspections may be given only if authorized by the Area Director, except that in cases of apparent imminent danger, advance notice may be given by the Compliance Safety and Health Officer without such authorization if the Area Director is not immediately available. When advance notice is given, it shall be the employer's responsibility promptly to notify the authorized representative of employees of the inspection, if the identity of such representative is known to the employer. (See § 1903.8(b) as to situations where there is no authorized representative of employees.) Upon the request of the employer, the Compliance Safety and Health Officer will inform the authorized representative of employees of the inspection, provided that the employer furnishes the Compliance Safety and Health Officer with the identity of such representative and with such other information as is necessary to enable him promptly to inform such representative of the inspection. An employer who fails to comply with his obligation under this paragraph promptly to inform the authorized representative of employees of the inspection or to furnish such information as is necessary to enable the Compliance Safety and Health Officer promptly to inform such representative of the inspection, may be subject to citation and penalty in accordance with § 1903.15(d)(4). Advance notice in any of the situations described in paragraph (a) of this section shall not be given more than 24 hours before the inspection is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances.

  (c)The Act provides in section 17(f) that any person who gives advance notice of any inspection to be conducted under the Act, without authority from the Secretary or his designees, shall, upon conviction, be punished by fine of not more than $1,000 or by imprisonment for not more than 6 months, or by both.

  [36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43452, July 1, 2016]

  § 1903.7 — Conduct of inspections. (OSHA.gov)

  (a)Subject to the provisions of § 1903.3, inspections shall take place at such times and in such places of employment as the Area Director or the Compliance Safety and Health Officer may direct. At the beginning of an inspection, Compliance Safety and Health Officers shall present their credentials to the owner, operator, or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records specified in § 1903.3 which they wish to review. However, such designation of records shall not preclude access to additional records specified in § 1903.3.

  (b)Compliance Safety and Health Officers shall have authority to take environmental samples and to take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator, agent or employee of an establishment. (See § 1903.9 on trade secrets.) As used herein, the term employ other reasonable investigative techniques includes, but is not limited to, the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges and other similar devices to employees in order to monitor their exposures.

  (c)In taking photographs and samples, Compliance Safety and Health Officers shall take reasonable precautions to insure that such actions with flash, spark-producing, or other equipment would not be hazardous. Compliance Safety and Health Officers shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment.

  (d)The conduct of inspections shall be such as to preclude unreasonable disruption of the operations of the employer's establishment.

  (e)At the conclusion of an inspection, the Compliance Safety and Health Officer shall confer with the employer or his representative and informally advise him of any apparent safety or health violations disclosed by the inspection. During such conference, the employer shall be afforded an opportunity to bring to the attention of the Compliance Safety and Health Officer any pertinent information regarding conditions in the workplace.

  (f)Inspections shall be conducted in accordance with the requirements of this part.

  [36 FR 17850, Sept. 14, 1971, as amended at 47 FR 6533, Feb. 12, 1982; 47 FR 55481, Dec. 10, 1982]

  § 1903.8 — Representatives of employers and employees. (OSHA.gov)

  (a)Compliance Safety and Health Officers shall be in charge of inspections and questioning of persons. A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Compliance Safety and Health Officer during the physical inspection of any workplace for the purpose of aiding such inspection. A Compliance Safety and Health Officer may permit additional employer representatives and additional representatives authorized by employees to accompany him where he determines that such additional representatives will further aid the inspection. A different employer and employee representative may accompany the Compliance Safety and Health Officer during each different phase of an inspection if this will not interfere with the conduct of the inspection.

  (b)Compliance Safety and Health Officers shall have authority to resolve all disputes as to who is the representative authorized by the employer and employees for the purpose of this section. If there is no authorized representative of employees, or if the Compliance Safety and Health Officer is unable to determine with reasonable certainty who is such representative, he shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

  (c)The representative(s) authorized by employees may be an employee of the employer or a third party. When the representative(s) authorized by employees is not an employee of the employer, they may accompany the Compliance Safety and Health Officer during the inspection if, in the judgment of the Compliance Safety and Health Officer, good cause has been shown why accompaniment by a third party is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace (including but not limited to because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills).

  (d)Compliance Safety and Health Officers are authorized to deny the right of accompaniment under this section to any person whose conduct interferes with a fair and orderly inspection. The right of accompaniment in areas containing trade secrets shall be subject to the provisions of § 1903.9(d). With regard to information classified by an agency of the U.S. Government in the interest of national security, only persons authorized to have access to such information may accompany a Compliance Safety and Health Officer in areas containing such information.

  [36 FR 17850, Sept. 4, 1971, as amended at 89 FR 22601, Apr. 1, 2024]

  § 1903.9 — Trade secrets. (OSHA.gov)

  (a)Section 15 of the Act provides:

  “All information reported to or otherwise obtained by the Secretary or his representative in connection with any inspection or proceeding under this Act which contains or which might reveal a trade secret referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. In any such proceeding the Secretary, the Commission, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.” Section 15 of the Act is considered a statute within the meaning of section 552(b)(3) of title 5 of the United States Code, which exempts from the disclosure requirements matters that are “specifically exempted from disclosure by statute.”

  (b)Section 1905 of title 18 of the United States Code provides: “Whoever, being an officer or employee of the United States or of any department or agency thereof, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined not more than $1,000, or imprisoned not more than 1 year, or both; and shall be removed from office or employment.”

  (c)At the commencement of an inspection, the employer may identify areas in the establishment which contain or which might reveal a trade secret. If the Compliance Safety and Health Officer has no clear reason to question such identification, information obtained in such areas, including all negatives and prints of photographs, and environmental samples, shall be labeled “confidential—trade secret” and shall not be disclosed except in accordance with the provisions of section 15 of the Act.

  (d)Upon the request of an employer, any authorized representative of employees under § 1903.8 in an area containing trade secrets shall be an employee in that area or an employee authorized by the employer to enter that area. Where there is no such representative or employee, the Compliance Safety and Health Officer shall consult with a reasonable number of employees who work in that area concerning matters of safety and health.

  § 1903.10 — Consultation with employees. (OSHA.gov)

  Compliance Safety and Health Officers may consult with employees concerning matters of occupational safety and health to the extent they deem necessary for the conduct of an effective and thorough inspection. During the course of an inspection, any employee shall be afforded an opportunity to bring any violation of the Act which he has reason to believe exists in the workplace to the attention of the Compliance Safety and Health Officer.

  § 1903.11 — Complaints by employees. (OSHA.gov)

  (a)Any employee or representative of employees who believe that a violation of the Act exists in any workplace where such employee is employed may request an inspection of such workplace by giving notice of the alleged violation to the Area Director or to a Compliance Safety and Health Officer. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy shall be provided the employer or his agent by the Area Director or Compliance Safety and Health Officer no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available by the Department of Labor.

  (b)If upon receipt of such notification the Area Director determines that the complaint meets the requirements set forth in paragraph (a) of this section, and that there are reasonable grounds to believe that the alleged violation exists, he shall cause an inspection to be made as soon as practicable, to determine if such alleged violation exists. Inspections under this section shall not be limited to matters referred to in the complaint.

  (c)Prior to or during any inspection of a workplace, any employee or representative of employees employed in such workplace may notify the Compliance Safety and Health Officer, in writing, of any violation of the Act which they have reason to believe exists in such workplace. Any such notice shall comply with the requirements of paragraph (a) of this section.

  (d)Section 11(c)(1) of the Act provides:

  “No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act.”

  (Approved by the Office of Management and Budget under control number 1218-0064)

  [36 FR 17850, Sept. 4, 1973, as amended at 54 FR 24333, June 7, 1989]

  § 1903.12 — Inspection not warranted; informal review. (OSHA.gov)

  (a)If the Area Director determines that an inspection is not warranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a complaint under § 1903.11, he shall notify the complaining party in writing of such determination. The complaining party may obtain review of such determination by submitting a written statement of position with the Assistant Regional Director and, at the same time, providing the employer with a copy of such statement by certified mail. The employer may submit an opposing written statement of position with the Assistant Regional Director and, at the same time, provide the complaining party with a copy of such statement by certified mail. Upon the request of the complaining party or the employer, the Assistant Regional Director, at his discretion, may hold an informal conference in which the complaining party and the employer may orally present their views. After considering all written and oral views presented, the Assistant Regional Director shall affirm, modify, or reverse the determination of the Area Director and furnish the complaining party and the employer and written notification of this decision and the reasons therefor. The decision of the Assistant Regional Director shall be final and not subject to further review.

  (b)If the Area Director determines that an inspection is not warranted because the requirements of § 1903.11(a) have not been met, he shall notify the complaining party in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of § 1903.11(a).

  § 1903.13 — Imminent danger. (OSHA.gov)

  Whenever and as soon as a Compliance Safety and Health Officer concludes on the basis of an inspection that conditions or practices exist in any place of employment which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by the Act, he shall inform the affected employees and employers of the danger and that he is recommending a civil action to restrain such conditions or practices and for other appropriate relief in accordance with the provisions of section 13(a) of the Act. Appropriate citations and notices of proposed penalties may be issued with respect to an imminent danger even though, after being informed of such danger by the Compliance Safety and Health Officer, the employer immediately eliminates the imminence of the danger and initiates steps to abate such danger.

  § 1903.14 — Citations; notices of de minimis violations; policy regarding employee rescue activities. (OSHA.gov)

  (a)The Area Director shall review the inspection report of the Compliance Safety and Health Officer. If, on the basis of the report the Area Director believes that the employer has violated a requirement of section 5 of the Act, of any standard, rule or order promulgated pursuant to section 6 of the Act, or of any substantive rule published in this chapter, he shall, if appropriate, consult with the Regional Solicitor, and he shall issue to the employer either a citation or a notice of de minimis violations which have no direct or immediate relationship to safety or health. An appropriate citation or notice of de minimis violations shall be issued even though after being informed of an alleged violation by the Compliance Safety and Health Officer, the employer immediately abates, or initiates steps to abate, such alleged violation. Any citation or notice of de minimis violations shall be issued with reasonable promptness after termination of the inspection. No citation may be issued under this section after the expiration of 6 months following the occurrence of any alleged violation.

  (b)Any citation shall describe with particularity the nature of the alleged violation, including a reference to the provision(s) of the Act, standard, rule, regulation, or order alleged to have been violated. Any citation shall also fix a reasonable time or times for the abatement of the alleged violation.

  (c)If a citation or notice of de minimis violations is issued for a violation alleged in a request for inspection under § 1903.11(a) or a notification of violation under § 1903.11(c), a copy of the citation or notice of de minimis violations shall also be sent to the employee or representative of employees who made such request or notification.

  (d)After an inspection, if the Area Director determines that a citation is not warranted with respect to a danger or violation alleged to exist in a request for inspection under § 1903.11(a) or a notification of violation under § 1903.11(c), the informal review procedures prescribed in § 1903.12(a) shall be applicable. After considering all views presented, the Assistant Regional Director shall affirm the determination of the Area Director, order a reinspection, or issue a citation if he believes that the inspection disclosed a violation. The Assistant Regional Director shall furnish the complaining party and the employer with written notification of his determination and the reasons therefor. The determination of the Assistant Regional Director shall be final and not subject to review.

  (e)Every citation shall state that the issuance of a citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the citation is affirmed by the Review Commission.

  (f)No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger unless:

  (1)(i)Such employee is designated or assigned by the employer to have responsibility to perform or assist in rescue operations, and

  (ii)The employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or

  (2)(i)Such employee is directed by the employer to perform rescue activities in the course of carrying out the employee's job duties, and

  (ii)The employer fails to provide protection of the safety and health of such employee, including failing to provide appropriate training and rescue equipment; or

  (3)(i)Such employee is employed in a workplace that requires the employee to carry out duties that are directly related to a workplace operation where the likelihood of life-threatening accidents is foreseeable, such as a workplace operation where employees are located in confined spaces or trenches, handle hazardous waste, respond to emergency situations, perform excavations, or perform construction over water; and

  (ii)Such employee has not been designated or assigned to perform or assist in rescue operations and voluntarily elects to rescue such an individual; and

  (iii)The employer has failed to instruct employees not designated or assigned to perform or assist in rescue operations of the arrangements for rescue, not to attempt rescue, and of the hazards of attempting rescue without adequate training or equipment.

  (4)For purposes of this policy, the term “imminent danger” means the existence of any condition or practice that could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated.

  [36 FR 17850, Sept. 4, 1971, as amended at 59 FR 66613, Dec. 27, 1994]

  § 1903.14a — Petitions for modification of abatement date. (OSHA.gov)

  (a)An employer may file a petition for modification of abatement date when he has made a good faith effort to comply with the abatement requirements of a citation, but such abatement has not been completed because of factors beyond his reasonable control.

  (b)A petition for modification of abatement date shall be in writing and shall include the following information:

  (1)All steps taken by the employer, and the dates of such action, in an effort to achieve compliance during the prescribed abatement period.

  (2)The specific additional abatement time necessary in order to achieve compliance.

  (3)The reasons such additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date.

  (4)All available interim steps being taken to safeguard the employees against the cited hazard during the abatement period.

  (5)A certification that a copy of the petition has been posted and, if appropriate, served on the authorized representative of affected employees, in accordance with paragraph (c)(1) of this section and a certification of the date upon which such posting and service was made.

  (c)A petition for modification of abatement date shall be filed with the Area Director of the United States Department of Labor who issued the citation no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay.

  (1)A copy of such petition shall be posted in a conspicuous place where all affected employees will have notice thereof or near such location where the violation occurred. The petition shall remain posted for a period of ten (10) working days. Where affected employees are represented by an authorized representative, said representative shall be served with a copy of such petition.

  (2)Affected employees or their representatives may file an objection in writing to such petition with the aforesaid Area Director. Failure to file such objection within ten (10) working days of the date of posting of such petition or of service upon an authorized representative shall constitute a waiver of any further right to object to said petition.

  (3)The Secretary or his duly authorized agent shall have the authority to approve any petition for modification of abatement date filed pursuant to paragraphs (b) and (c) of this section. Such uncontested petitions shall become final orders pursuant to sections 10 (a) and (c) of the Act.

  (4)The Secretary or his authorized representative shall not exercise his approval power until the expiration of fifteen (15) working days from the date the petition was posted or served pursuant to paragraphs (c) (1) and (2) of this section by the employer.

  (d)Where any petition is objected to by the Secretary or affected employees, the petition, citation, and any objections shall be forwarded to the Commission within three (3) working days after the expiration of the fifteen (15) day period set out in paragraph (c)(4) of this section.

  [40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11, 1975]

  § 1903.15 — Proposed penalties. (OSHA.gov)

  (a)After, or concurrent with, the issuance of a citation, and within a reasonable time after the termination of the inspection, the Area Director shall notify the employer by certified mail or by personal service by the Compliance Safety and Health Officer of the proposed penalty in accordance with paragraph (d) of this section, or that no penalty is being proposed. Any notice of proposed penalty shall state that the proposed penalty shall be deemed to be the final order of the Review Commission and not subject to review by any court or agency unless, within 15 working days from the date of receipt of such notice, the employer notifies the Area Director in writing that he intends to contest the citation or the notification of proposed penalty before the Review Commission.

  (b)The Area Director shall determine the amount of any proposed penalty, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations, in accordance with the provisions of section 17 of the Act and paragraph (d) of this section.

  (c)Appropriate penalties may be proposed with respect to an alleged violation even though after being informed of such alleged violation by the Compliance Safety and Health Officer, the employer immediately abates, or initiates steps to abate, such alleged violation. Penalties shall not be proposed for de minimis violations which have no direct or immediate relationship to safety or health.

  (d)Adjusted civil monetary penalties.

  The adjusted civil penalties for penalties proposed after January 15, 2025 are as follows:

  (1)Willful violation.

  The penalty per willful violation under section 17(a) of the Act, 29 U.S.C. 666(a), shall not be less than $11,823 and shall not exceed $165,514.

  (2)Repeated violation.

  The penalty per repeated violation under section 17(a) of the Act, 29 U.S.C. 666(a), shall not exceed $165,514.

  (3)Serious violation.

  The penalty for a serious violation under section 17(b) of the Act, 29 U.S.C. 666(b), shall not exceed $16,550.

  (4)Other-than-serious violation.

  The penalty for an other-than-serious violation under section 17(c) of the Act, 29 U.S.C. 666(c), shall not exceed $16,550.

  (5)Failure to correct violation.

  The penalty for a failure to correct a violation under section 17(d) of the Act, 29 U.S.C. 666(d), shall not exceed $16,550 per day.

  (6)Posting requirement violation.

  The penalty for a posting requirement violation under section 17(i) of the Act, 29 U.S.C. 666(i), shall not exceed $16,550.

  [36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016; 82 FR 5382, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 219, Jan. 23, 2019; 85 FR 2298, Jan. 15, 2020; 86 FR 2969, Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88 FR 2217, Jan. 13, 2023; 89 FR 1817, Jan. 11, 2024; 90 FR 1861, Jan. 10, 2025]

  § 1903.16 — Posting of citations. (OSHA.gov)

  (a)Upon receipt of any citation under the Act, the employer shall immediately post such citation, or a copy thereof, unedited, at or near each place an alleged violation referred to in the citation occurred, except as provided below. Where, because of the nature of the employer's operations, it is not practicable to post the citation at or near each place of alleged violation, such citation shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, where employers are engaged in activities which are physically dispersed (see § 1903.2(b)), the citation may be posted at the location to which employees report each day. Where employees do not primarily work at or report to a single location (see § 1903.2(b)), the citation may be posted at the location from which the employees operate to carry out their activities. The employer shall take steps to ensure that the citation is not altered, defaced, or covered by other material. Notices of de minimis violations need not be posted.

  (b)Each citation, or a copy thereof, shall remain posted until the violation has been abated, or for 3 working days, whichever is later. The filing by the employer of a notice of intention to contest under § 1903.17 shall not affect his posting responsibility under this section unless and until the Review Commission issues a final order vacating the citation.

  (c)An employer to whom a citation has been issued may post a notice in the same location where such citation is posted indicating that the citation is being contested before the Review Commission, and such notice may explain the reasons for such contest. The employer may also indicate that specified steps have been taken to abate the violation.

  (d)Any employer failing to comply with the provisions of paragraphs (a) and (b) of this section shall be subject to citation and penalty in accordance with § 1903.15(d).

  [36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016]

  § 1903.17 — Employer and employee contests before the Review Commission. (OSHA.gov)

  (a)Any employer to whom a citation or notice of proposed penalty has been issued may, under section 10(a) of the Act, notify the Area Director in writing that he intends to contest such citation or proposed penalty before the Review Commission. Such notice of intention to contest shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty, or both. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission.

  (b)Any employee or representative of employees of an employer to whom a citation has been issued may, under section 10(c) of the Act, file a written notice with the Area Director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable. Such notice shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty or notice that no penalty is being proposed. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission.

  § 1903.18 — Failure to correct a violation for which a citation has been issued. (OSHA.gov)

  (a)If an inspection discloses that an employer has failed to correct an alleged violation for which a citation has been issued within the period permitted for its correction, the Area Director shall, if appropriate, consult with the Regional Solicitor, and he shall notify the employer by certified mail or by personal service by the Compliance Safety and Health Officer of such failure and of the additional penalty proposed under § 1903.15(d)(5) by reason of such failure. The period for the correction of a violation for which a citation has been issued shall not begin to run until the entry of a final order of the Review Commission in the case of any review proceedings initiated by the employer in good faith and not solely for delay or avoidance of penalties.

  (b)Any employer receiving a notification of failure to correct a violation and of proposed additional penalty may, under section 10(b) of the Act, notify the Area Director in writing that he intends to contest such notification or proposed additional penalty before the Review Commission. Such notice of intention to contest shall be postmarked within 15 working days of the receipt by the employer of the notification of failure to correct a violation and of proposed additional penalty. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission.

  (c)Each notification of failure to correct a violation and of proposed additional penalty shall state that it shall be deemed to be the final order of the Review Commission and not subject to review by any court or agency unless, within 15 working days from the date of receipt of such notification, the employer notifies the Area Director in writing that he intends to contest the notification or the proposed additional penalty before the Review Commission.

  [36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016]

  § 1903.19 — Abatement verification. (OSHA.gov)

  Purpose. OSHA's inspections are intended to result in the abatement of violations of the Occupational Safety and Health Act of 1970 (the OSH Act). This section sets forth the procedures OSHA will use to ensure abatement. These procedures are tailored to the nature of the violation and the employer's abatement actions.

  (a)Scope and application.

  This section applies to employers who receive a citation for a violation of the Occupational Safety and Health Act.

  (b)Definitions —

  (1)Abatement means action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by OSHA during an inspection.

  (2)Abatement date means:

  (i)For an uncontested citation item, the later of:

  (A)The date in the citation for abatement of the violation;

  (B)The date approved by OSHA or established in litigation as a result of a petition for modification of the abatement date (PMA); or

  (C)The date established in a citation by an informal settlement agreement.

  (ii)For a contested citation item for which the Occupational Safety and Health Review Commission (OSHRC) has issued a final order affirming the violation, the later of:

  (A)The date identified in the final order for abatement; or

  (B)The date computed by adding the period allowed in the citation for abatement to the final order date;

  (C)The date established by a formal settlement agreement.

  (3)Affected employees means those employees who are exposed to the hazard(s) identified as violation(s) in a citation.

  (4)Final order date means:

  (i)For an uncontested citation item, the fifteenth working day after the employer's receipt of the citation;

  (ii)For a contested citation item:

  (A)The thirtieth day after the date on which a decision or order of a commission administrative law judge has been docketed with the commission, unless a member of the commission has directed review; or

  (B)Where review has been directed, the thirtieth day after the date on which the Commission issues its decision or order disposing of all or pertinent part of a case; or

  (C)The date on which a federal appeals court issues a decision affirming the violation in a case in which a final order of OSHRC has been stayed.

  (5)Movable equipment means a hand-held or non-hand-held machine or device, powered or unpowered, that is used to do work and is moved within or between worksites.

  (c)Abatement certification.

  (1)Within 10 calendar days after the abatement date, the employer must certify to OSHA (the Agency) that each cited violation has been abated, except as provided in paragraph (c)(2) of this section.

  (2)The employer is not required to certify abatement if the OSHA Compliance Officer, during the on-site portion of the inspection:

  (i)Observes, within 24 hours after a violation is identified, that abatement has occurred; and

  (ii)Notes in the citation that abatement has occurred.

  (3)The employer's certification that abatement is complete must include, for each cited violation, in addition to the information required by paragraph (h) of this section, the date and method of abatement and a statement that affected employees and their representatives have been informed of the abatement.

  Note to paragraph ( c ): Appendix A contains a sample Abatement Certification Letter.

  (d)Abatement documentation.

  (1)The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.

  (2)Documents demonstrating that abatement is complete may include, but are not limited to, evidence of the purchase or repair of equipment, photographic or video evidence of abatement, or other written records.

  (e)Abatement plans.

  (1)The Agency may require an employer to submit an abatement plan for each cited violation (except an other-than-serious violation) when the time permitted for abatement is more than 90 calendar days. If an abatement plan is required, the citation must so indicate.

  (2)The employer must submit an abatement plan for each cited violation within 25 calendar days from the final order date when the citation indicates that such a plan is required. The abatement plan must identify the violation and the steps to be taken to achieve abatement, including a schedule for completing abatement and, where necessary, how employees will be protected from exposure to the violative condition in the interim until abatement is complete.

  Note to paragraph ( e ): Appendix B contains a Sample Abatement Plan form.

  (f)Progress reports.

  (1)An employer who is required to submit an abatement plan may also be required to submit periodic progress reports for each cited violation. The citation must indicate:

  (i)That periodic progress reports are required and the citation items for which they are required;

  (ii)The date on which an initial progress report must be submitted, which may be no sooner than 30 calendar days after submission of an abatement plan;

  (iii)Whether additional progress reports are required; and

  (iv)The date(s) on which additional progress reports must be submitted.

  (2)For each violation, the progress report must identify, in a single sentence if possible, the action taken to achieve abatement and the date the action was taken.

  Note to paragraph ( f ): Appendix B contains a Sample Progress Report form.

  (g)Employee notification.

  (1)The employer must inform affected employees and their representative(s) about abatement activities covered by this section by posting a copy of each document submitted to the Agency or a summary of the document near the place where the violation occurred.

  (2)Where such posting does not effectively inform employees and their representatives about abatement activities (for example, for employers who have mobile work operations), the employer must:

  (i)Post each document or a summary of the document in a location where it will be readily observable by affected employees and their representatives; or

  (ii)Take other steps to communicate fully to affected employees and their representatives about abatement activities.

  (3)The employer must inform employees and their representatives of their right to examine and copy all abatement documents submitted to the Agency.

  (i)An employee or an employee representative must submit a request to examine and copy abatement documents within 3 working days of receiving notice that the documents have been submitted.

  (ii)The employer must comply with an employee's or employee representative's request to examine and copy abatement documents within 5 working days of receiving the request.

  (4)The employer must ensure that notice to employees and employee representatives is provided at the same time or before the information is provided to the Agency and that abatement documents are:

  (i)Not altered, defaced, or covered by other material; and

  (ii)Remain posted for three working days after submission to the Agency.

  (h)Transmitting abatement documents.

  (1)The employer must include, in each submission required by this section, the following information:

  (i)The employer's name and address;

  (ii)The inspection number to which the submission relates;

  (iii)The citation and item numbers to which the submission relates;

  (iv)A statement that the information submitted is accurate; and

  (v)The signature of the employer or the employer's authorized representative.

  (2)The date of postmark is the date of submission for mailed documents. For documents transmitted by other means, the date the Agency receives the document is the date of submission.

  (i)Movable equipment.

  (1)For serious, repeat, and willful violations involving movable equipment, the employer must attach a warning tag or a copy of the citation to the operating controls or to the cited component of equipment that is moved within the worksite or between worksites.

  Note to paragraph ( i )(1): Attaching a copy of the citation to the equipment is deemed by OSHA to meet the tagging requirement of paragraph (i)(1) of this section as well as the posting requirement of 29 CFR 1903.16.

  (2)The employer must use a warning tag that properly warns employees about the nature of the violation involving the equipment and identifies the location of the citation issued.

  Note to paragraph ( i )(2): Non-Mandatory Appendix C contains a sample tag that employers may use to meet this requirement.

  (3)If the violation has not already been abated, a warning tag or copy of the citation must be attached to the equipment:

  (i)For hand-held equipment, immediately after the employer receives the citation; or

  (ii)For non-hand-held equipment, prior to moving the equipment within or between worksites.

  (4)For the construction industry, a tag that is designed and used in accordance with 29 CFR 1926.20(b)(3) and 29 CFR 1926.200(h) is deemed by OSHA to meet the requirements of this section when the information required by paragraph (i)(2) is included on the tag.

  (5)The employer must assure that the tag or copy of the citation attached to movable equipment is not altered, defaced, or covered by other material.

  (6)The employer must assure that the tag or copy of the citation attached to movable equipment remains attached until:

  (i)The violation has been abated and all abatement verification documents required by this regulation have been submitted to the Agency;

  (ii)The cited equipment has been permanently removed from service or is no longer within the employer's control; or

  (iii)The Commission issues a final order vacating the citation.

  Appendices

  Appendix A to Section 1903.19—Sample Abatement-Certification Letter (Nonmandatory) letterstandalonetablefillableofficial-like

  Appendix A to Section 1903.19—Sample Abatement-Certification Letter (Nonmandatory)

  (Name), Area Director

  U. S. Department of Labor—OSHA

  Address of the Area Office (on the citation)

  [Company's Name]

  [Company's Address]

  The hazard referenced in Inspection Number [insert 9-digit #] for violation identified as:

  Citation [insert #] and item [insert #] was corrected on [insert date] by:

  Citation [insert #] and item [insert #] was corrected on [insert date] by:

  Citation [insert #] and item [insert #] was corrected on [insert date] by:

  Citation [insert #] and item [insert #] was corrected on [insert date] by:

  Citation [insert #] and item [insert #] was corrected on [insert date] by:

  Citation [insert #] and item [insert #] was corrected on [insert date] by:

  Citation [insert #] and item [insert #] was corrected on insert date by:

  Citation [insert #] and item [insert #] was corrected on [insert date] by:

  I attest that the information contained in this document is accurate.

  Signature

  Typed or Printed Name

  Appendix B to Section 1903.19—Sample Abatement Plan or Progress Report (Nonmandatory) reportstandalonetablefillableofficial-like

  Appendix B to Section 1903.19—Sample Abatement Plan or Progress Report (Nonmandatory)

  (Name), Area Director

  U. S. Department of Labor—OSHA

  Address of Area Office (on the citation)

  [Company's Name]

  [Company's Address]

  Check one:

  Abatement Plan [ ]

  Progress Report [ ]

  Inspection Number

  Page __ of ____

  Citation Number(s)*

  Item Number(s)*

  Action	Proposed Completion Date (for abatement plans only)	Completion Date (for progress reports only)
  1.
  2.
  3.
  4.
  5.
  6.
  7.

  Date required for final abatement:

  I attest that the information contained in this document is accurate.

  Signature

  Typed or Printed Name

  Name of primary point of contact for questions: [optional]

  Telephone number:

  *Abatement plans or progress reports for more than one citation item may be combined in a single abatement plan or progress report if the abatement actions, proposed completion dates, and actual completion dates (for progress reports only) are the same for each of the citation items.

  Appendix C to Section 1903.19—Sample Warning Tag (Nonmandatory) tagstandalonetablefillableofficial-like

  Appendix C to Section 1903.19—Sample Warning Tag (Nonmandatory)

  

  local asset from rendered eCFR section page 1903.19 | original: https://img.federalregister.gov/EC27OC91.000/EC27OC91.000_large.png

  [62 FR 15337, Mar. 31, 1997]

  § 1903.20 — Informal conferences. (OSHA.gov)

  At the request of an affected employer, employee, or representative of employees, the Assistant Regional Director may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. The settlement of any issue at such conference shall be subject to the rules of procedure prescribed by the Review Commission. If the conference is requested by the employer, an affected employee or his representative shall be afforded an opportunity to participate, at the discretion of the Assistant Regional Director. If the conference is requested by an employee or representative of employees, the employer shall be afforded an opportunity to participate, at the discretion of the Assistant Regional Director. Any party may be represented by counsel at such conference. No such conference or request for such conference shall operate as a stay of any 15-working-day period for filing a notice of intention to contest as prescribed in § 1903.17.

  [36 FR 17850, Sept. 4, 1971. Redesignated at 62 FR 15337, Mar. 31, 1997]

  § 1903.21 — State administration. (OSHA.gov)

  Nothing in this part 1903 shall preempt the authority of any State to conduct inspections, to initiate enforcement proceedings or otherwise to implement the applicable provisions of State law with respect to State occupational safety and health standards in accordance with agreements and plans under section 18 of the Act and parts 1901 and 1902 of this chapter.

  [36 FR 17850, Sept. 4, 1971. Redesignated at 62 FR 15337, Mar. 31, 1997]

  § 1903.22 — Definitions. (OSHA.gov)

  (a)Act means the Williams-Steiger Occupational Safety and Health Act of 1970. (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq. )

  (b)The definitions and interpretations contained in section 3 of the Act shall be applicable to such terms when used in this part 1903.

  (c)Working days means Mondays through Fridays but shall not include Saturdays, Sundays, or Federal holidays. In computing 15 working days, the day of receipt of any notice shall not be included, and the last day of the 15 working days shall be included.

  (d)Compliance Safety and Health Officer means a person authorized by the Occupational Safety and Health Administration, U.S. Department of Labor, to conduct inspections.

  (e)Area Director means the employee or officer regularly or temporarily in charge of an Area Office of the Occupational Safety and Health Administration, U.S. Department of Labor, or any other person or persons who are authorized to act for such employee or officer. The latter authorizations may include general delegations of the authority of an Area Director under this part to a Compliance Safety and Health Officer or delegations to such an officer for more limited purposes, such as the exercise of the Area Director's duties under § 1903.14(a). The term also includes any employee or officer exercising supervisory responsibilities over an Area Director. A supervisory employee or officer is considered to exercise concurrent authority with the Area Director.

  (f)Assistant Regional Director means the employee or officer regularly or temporarily in charge of a Region of the Occupational Safety and Health Administration, U.S. Department of Labor, or any other person or persons who are specifically designated to act for such employee or officer in his absence. The term also includes any employee or officer in the Occupational Safety and Health Administration exercising supervisory responsibilities over the Assistant Regional Director. Such supervisory employee or officer is considered to exercise concurrent authority with the Assistant Regional Director. No delegation of authority under this paragraph shall adversely affect the procedures for independent informal review of investigative determinations prescribed under § 1903.12 of this part.

  (g)Inspection means any inspection of an employer's factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer, and includes any inspection conducted pursuant to a complaint filed under § 1903.11 (a) and (c), any reinspection, followup inspection, accident investigation or other inspection conducted under section 8(a) of the Act.

  [36 FR 17850, Sept. 4, 1971, as amended at 38 FR 22624, Aug. 23, 1973. Redesignated at 62 FR 15337, Mar. 31, 1997]

Text source: eCFR API (part XML)

• Subpart A — Purpose

  § 1904.0 — Purpose. (OSHA.gov)

  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.

  [82 FR 20548, May 3, 2017]

• Subpart B — Scope

  § 1904.1 — Partial exemption for employers with 10 or fewer employees. (OSHA.gov)

  (a)Basic requirement.

  (1)If your company had 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 Bureau of Labor Statistics 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 work-related incident that results in a fatality, the in-patient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye.

  (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.

  [66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020]

  § 1904.2 — Partial exemption for establishments in certain industries. (OSHA.gov)

  (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 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]

  § 1904.3 — Keeping records for more than one agency. (OSHA.gov)

  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.

  Appendices

  Non-Mandatory Appendix A to Subpart B of Part 1904—Partially Exempt Industries standalonetablefillableofficial-like

  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	Industry
  4412	Other Motor Vehicle Dealers.
  4431	Electronics and Appliance Stores.
  4461	Health and Personal Care Stores.
  4471	Gasoline Stations.
  4481	Clothing Stores.
  4482	Shoe Stores.
  4483	Jewelry, Luggage, and Leather Goods Stores.
  4511	Sporting Goods, Hobby, and Musical Instrument Stores.
  4512	Book, Periodical, and Music Stores.
  4531	Florists.
  4532	Office Supplies, Stationery, and Gift Stores.
  4812	Nonscheduled Air Transportation.
  4861	Pipeline Transportation of Crude Oil.
  4862	Pipeline Transportation of Natural Gas.
  4869	Other Pipeline Transportation.
  4879	Scenic and Sightseeing Transportation, Other.
  4885	Freight Transportation Arrangement.
  5111	Newspaper, Periodical, Book, and Directory Publishers.
  5112	Software Publishers.
  5121	Motion Picture and Video Industries.
  5122	Sound Recording Industries.
  5151	Radio and Television Broadcasting.
  5172	Wireless Telecommunications Carriers (except Satellite).
  5173	Telecommunications Resellers.
  5179	Other Telecommunications.
  5181	Internet Service Providers and Web Search Portals.
  5182	Data Processing, Hosting, and Related Services.
  5191	Other Information Services.
  5211	Monetary Authorities—Central Bank.
  5221	Depository Credit Intermediation.
  5222	Nondepository Credit Intermediation.
  5223	Activities Related to Credit Intermediation.
  5231	Securities and Commodity Contracts Intermediation and Brokerage.
  5232	Securities and Commodity Exchanges.
  5239	Other Financial Investment Activities.
  5241	Insurance Carriers.
  5242	Agencies, Brokerages, and Other Insurance Related Activities.
  5251	Insurance and Employee Benefit Funds.
  5259	Other Investment Pools and Funds.
  5312	Offices of Real Estate Agents and Brokers.
  5331	Lessors of Nonfinancial Intangible Assets (except Copyrighted Works).
  5411	Legal Services.
  5412	Accounting, Tax Preparation, Bookkeeping, and Payroll Services.
  5413	Architectural, Engineering, and Related Services.
  5414	Specialized Design Services.
  5415	Computer Systems Design and Related Services.
  5416	Management, Scientific, and Technical Consulting Services.
  5417	Scientific Research and Development Services.
  5418	Advertising and Related Services.
  5511	Management of Companies and Enterprises.
  5611	Office Administrative Services.
  5614	Business Support Services.
  5615	Travel Arrangement and Reservation Services.
  5616	Investigation and Security Services.
  6111	Elementary and Secondary Schools.
  6112	Junior Colleges.
  6113	Colleges, Universities, and Professional Schools.
  6114	Business Schools and Computer and Management Training.
  6115	Technical and Trade Schools.
  6116	Other Schools and Instruction.
  6117	Educational Support Services.
  6211	Offices of Physicians.
  6212	Offices of Dentists.
  6213	Offices of Other Health Practitioners.
  6214	Outpatient Care Centers.
  6215	Medical and Diagnostic Laboratories.
  6244	Child Day Care Services.
  7114	Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures.
  7115	Independent Artists, Writers, and Performers.
  7213	Rooming and Boarding Houses.
  7221	Full-Service Restaurants.
  7222	Limited-Service Eating Places.
  7224	Drinking Places (Alcoholic Beverages).
  8112	Electronic and Precision Equipment Repair and Maintenance.
  8114	Personal and Household Goods Repair and Maintenance.
  8121	Personal Care Services.
  8122	Death Care Services.
  8131	Religious Organizations.
  8132	Grantmaking and Giving Services.
  8133	Social Advocacy Organizations.
  8134	Civic and Social Organizations.
  8139	Business, Professional, Labor, Political, and Similar Organizations.

  [79 FR 56186, Sept. 18, 2014]

• Subpart C — Recordkeeping Forms and Recording Criteria

  § 1904.4 — Recording criteria. (OSHA.gov)

  (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.

  

  local asset from rendered eCFR section page 1904.4 | original: https://img.federalregister.gov/ER19JA01.098/ER19JA01.098_large.png

  [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91809, Dec. 19, 2016; 82 FR 20548, May 3, 2017]

  § 1904.5 — Determination of work-relatedness. (OSHA.gov)

  (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 work-related, and therefore is not recordable.

  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.

  1904.5 (b)(6)	If the employee has . . .	You may use the following to determine if an injury or illness is work-related
  (i)	checked into a hotel or motel for one or more days	When a traveling employee checks into a hotel, motel, or into an other temporary residence, he or she establishes a “home away from home.” You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for their work-relatedness in the same manner as you evaluate the activities of a non-traveling employee. When the employee checks into the temporary residence, he or she is considered to have left the work environment. When the employee begins work each day, he or she re-enters the work environment. If the employee has established a “home away from home” and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location.
  (ii)	taken a detour for personal reasons	Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel ( e.g., has taken a side trip for personal reasons).

  (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.

  § 1904.6 — Determination of new cases. (OSHA.gov)

  (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.

  § 1904.7 — General recording criteria. (OSHA.gov)

  (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 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 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 non-prescription 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-Aids TM, gauze pads, etc.; or using butterfly bandages or Steri-Strips TM (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.

  § 1904.8 — Recording criteria for needlestick and sharps injuries. (OSHA.gov)

  (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 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.

  § 1904.9 — Recording criteria for cases involving medical removal under OSHA standards. (OSHA.gov)

  (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.

  § 1904.10 — Recording criteria for cases involving occupational hearing loss. (OSHA.gov)

  (a)Basic requirement.

  If an employee's hearing test (audiogram) reveals that the employee has experienced a work-related 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 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, following the rules set out in § 1904.5, that the hearing loss is not work-related or that occupational noise exposure did not significantly aggravate the hearing loss, you do not have to consider the case work-related or 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; 84 FR 21457, May 14, 2019]

  § 1904.11 — Recording criteria for work-related tuberculosis cases. (OSHA.gov)

  (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.

  § 1904.13-1904.28 — §§ 1904.13-1904.28 [Reserved] (OSHA.gov)

  § 1904.29 — Forms. (OSHA.gov)

  (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 “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; 81 FR 91809, Dec. 19, 2016; 82 FR 20548, May 3, 2017]

• Subpart D — Other OSHA Injury and Illness Recordkeeping Requirements

  § 1904.30 — Multiple business establishments. (OSHA.gov)

  (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.

  (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.

  § 1904.31 — Covered employees. (OSHA.gov)

  (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 day-to-day supervision) or on the other employer's OSHA 300 Log (if that company provides day-to-day supervision).

  § 1904.32 — Annual summary. (OSHA.gov)

  (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 § 1904.29(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:

  (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.

  [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017; 85 FR 8731, Feb. 18, 2020]

  § 1904.33 — Retention and updating. (OSHA.gov)

  (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.

  [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017]

  § 1904.34 — Change in business ownership. (OSHA.gov)

  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.

  [82 FR 20549, May 3, 2017]

  § 1904.35 — Employee involvement. (OSHA.gov)

  (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 work-related 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, 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, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017]

  § 1904.36 — Prohibition against discrimination. (OSHA.gov)

  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]

  § 1904.37 — State recordkeeping regulations. (OSHA.gov)

  (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 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]

  § 1904.38 — Variances from the recordkeeping rule. (OSHA.gov)

  (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.
• 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. (OSHA.gov)

  (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 work-related 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, 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]

  § 1904.40 — Providing records to government representatives. (OSHA.gov)

  (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.

  [66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017]

  § 1904.41 — Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA. (OSHA.gov)

  (a)Basic requirements —

  (1)Annual electronic submission of information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses.

  (i)If your establishment had 20-249 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.

  (ii)If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.

  (2)Annual electronic submission of information from OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by establishments with 100 or more employees in designated industries. If your establishment had 100 or more employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix B to subpart E of this part, then you must electronically submit information from OSHA Forms 300 and 301 to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms.

  (3)Electronic submission of part 1904 records upon notification.

  Upon notification, you must electronically submit the requested information from your part 1904 records to OSHA or OSHA's designee.

  (4)Electronic submission of the Employer Identification Number (EIN).

  For each establishment that is subject to these reporting requirements, you must provide the EIN used by the establishment.

  (b)Implementation —

  (1)Does every employer have to routinely make an annual electronic submission of information from part 1904 injury and illness recordkeeping forms to OSHA? No, only three categories of employers must routinely submit information from these forms. The first category is establishments that had 20-249 employees at any time during the previous calendar year, and are classified in an industry listed in appendix A to this subpart; establishments in this category must submit the required information from Form 300A to OSHA once a year. The second category is establishments that had 250 or more employees at any time during the previous calendar year, and are required by this part to keep records; establishments in this category must submit the required information from Form 300A to OSHA once a year. The third category is establishments that had 100 or more employees at any time during the previous calendar year, and are classified in an industry listed in appendix B to this subpart; establishments in this category must also submit the required information from Forms 300 and 301 to OSHA once a year, in addition to the required information from Form 300A. Employers in these three categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2024 for the 2023 form(s)). If your establishment is not in any of these three categories, then you must submit the information to OSHA only if OSHA notifies you to do so for an individual data collection.

  (2)Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in paragraph (a) of this section? Yes, each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.

  (3)How will OSHA notify me that I must submit information as part of an individual data collection under paragraph (a)(3) of this section? OSHA will notify you by mail if you will have to submit information as part of an individual data collection under paragraph (a)(3). OSHA will also announce individual data collections through publication in the Federal Register and the OSHA newsletter, and announcements on the OSHA website. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal.

  (4)When do I have to submit the information? If you are required to submit information under paragraph (a)(1) or (2) of this section, then you must submit the information once a year, by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2019 for the 2018 form). If you are submitting information because OSHA notified you to submit information as part of an individual data collection under paragraph (a)(3) of this section, then you must submit the information as specified in the notification.

  (5)How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under paragraph (a)(3) of this section, OSHA will include the website's location in the notification for the data collection.

  (6)Do I have to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? If you are partially exempt from keeping injury and illness records under §§ 1904.1 and/or 1904.2, then you do not have to routinely submit information under paragraphs (a)(1) and (2) of this section. You will have to submit information under paragraph (a)(3) of this section if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this part and submit information as directed.

  (7)Do I have to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States.

  (8)May an enterprise or corporate office electronically submit information for its establishment(s)? Yes, if your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under paragraph (a) of this section, then the enterprise or corporate office may collect and electronically submit the information for the establishment(s).

  (9)If I have to submit information under paragraph (a)(2) of this section, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following:

  (i)Log of Work-Related Injuries and Illnesses (OSHA Form 300): Employee name (column B).

  (ii)Injury and Illness Incident Report (OSHA Form 301):

  Employee name (field 1), employee address (field 2), name of physician or other health care professional (field 6), facility name and address if treatment was given away from the worksite (field 7).

  (10)My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name.

  (c)Reporting dates.

  Establishments that are required to submit under paragraph (a)(1) or (2) of this section must submit all of the required information by March 2 of the year after the calendar year covered by the form(s) (for example, by March 2, 2024, for the forms covering 2023).

  [81 FR 29692, May 12, 2016, as amended at 82 FR 55765, Nov. 24, 2017; 84 FR 405, Jan. 25, 2019; 88 FR 47346, July 21, 2023]

  § 1904.42 — Requests from the Bureau of Labor Statistics for data. (OSHA.gov)

  (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.

  Appendices

  Appendix A to Subpart E of Part 1904—Designated Industries for § 1904.41(a)(1)(i) Annual Electronic Submission of Information From OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20-249 Employees in Designated Industries signstandalonetablefillable

  NAICS	Industry
  11	Agriculture, Forestry, Fishing and Hunting.
  22	Utilities.
  23	Construction.
  31-33	Manufacturing.
  42	Wholesale Trade.
  4413	Automotive Parts, Accessories, and Tire Stores.
  4421	Furniture Stores.
  4422	Home Furnishings Stores.
  4441	Building Material and Supplies Dealers.
  4442	Lawn and Garden Equipment and Supplies Stores.
  4451	Grocery Stores.
  4452	Specialty Food Stores.
  4522	Department Stores.
  4523	General Merchandise Stores, including Warehouse Clubs and Supercenters.
  4533	Used Merchandise Stores.
  4542	Vending Machine Operators.
  4543	Direct Selling Establishments.
  4811	Scheduled Air Transportation.
  4841	General Freight Trucking.
  4842	Specialized Freight Trucking.
  4851	Urban Transit Systems.
  4852	Interurban and Rural Bus Transportation.
  4853	Taxi and Limousine Service.
  4854	School and Employee Bus Transportation.
  4855	Charter Bus Industry.
  4859	Other Transit and Ground Passenger Transportation.
  4871	Scenic and Sightseeing Transportation, Land.
  4881	Support Activities for Air Transportation.
  4882	Support Activities for Rail Transportation.
  4883	Support Activities for Water Transportation.
  4884	Support Activities for Road Transportation.
  4889	Other Support Activities for Transportation.
  4911	Postal Service.
  4921	Couriers and Express Delivery Services.
  4922	Local Messengers and Local Delivery.
  4931	Warehousing and Storage.
  5152	Cable and Other Subscription Programming.
  5311	Lessors of Real Estate.
  5321	Automotive Equipment Rental and Leasing.
  5322	Consumer Goods Rental.
  5323	General Rental Centers.
  5617	Services to Buildings and Dwellings.
  5621	Waste Collection.
  5622	Waste Treatment and Disposal.
  5629	Remediation and Other Waste Management Services.
  6219	Other Ambulatory Health Care Services.
  6221	General Medical and Surgical Hospitals.
  6222	Psychiatric and Substance Abuse Hospitals.
  6223	Specialty (except Psychiatric and Substance Abuse) Hospitals.
  6231	Nursing Care Facilities (Skilled Nursing Facilities).
  6232	Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.
  6233	Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly
  6239	Other Residential Care Facilities.
  6242	Community Food and Housing, and Emergency and Other Relief Services.
  6243	Vocational Rehabilitation Services.
  7111	Performing Arts Companies.
  7112	Spectator Sports.
  7121	Museums, Historical Sites, and Similar Institutions.
  7131	Amusement Parks and Arcades.
  7132	Gambling Industries.
  7211	Traveler Accommodation.
  7212	RV (Recreational Vehicle) Parks and Recreational Camps.
  7223	Special Food Services.
  8113	Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.
  8123	Drycleaning and Laundry Services.

  [88 FR 47347, July 21, 2023]

  Appendix B to Subpart E of Part 1904—Designated Industries for § 1904.41(a)(2) Annual Electronic Submission of Information From OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by Establishments With 100 or More Employees in Designated Industries signstandalonetablefillable

  NAICS	Industry
  1111	Oilseed and Grain Farming.
  1112	Vegetable and Melon Farming.
  1113	Fruit and Tree Nut Farming.
  1114	Greenhouse, Nursery, and Floriculture Production.
  1119	Other Crop Farming.
  1121	Cattle Ranching and Farming.
  1122	Hog and Pig Farming.
  1123	Poultry and Egg Production.
  1129	Other Animal Production.
  1133	Logging.
  1141	Fishing.
  1142	Hunting and Trapping.
  1151	Support Activities for Crop Production.
  1152	Support Activities for Animal Production.
  1153	Support Activities for Forestry.
  2213	Water, Sewage and Other Systems.
  2381	Foundation, Structure, and Building Exterior Contractors.
  3111	Animal Food Manufacturing.
  3113	Sugar and Confectionery Product Manufacturing.
  3114	Fruit and Vegetable Preserving and Specialty Food Manufacturing.
  3115	Dairy Product Manufacturing.
  3116	Animal Slaughtering and Processing.
  3117	Seafood Product Preparation and Packaging.
  3118	Bakeries and Tortilla Manufacturing.
  3119	Other Food Manufacturing.
  3121	Beverage Manufacturing.
  3161	Leather and Hide Tanning and Finishing.
  3162	Footwear Manufacturing.
  3211	Sawmills and Wood Preservation.
  3212	Veneer, Plywood, and Engineered Wood Product Manufacturing.
  3219	Other Wood Product Manufacturing.
  3261	Plastics Product Manufacturing.
  3262	Rubber Product Manufacturing.
  3271	Clay Product and Refractory Manufacturing.
  3272	Glass and Glass Product Manufacturing.
  3273	Cement and Concrete Product Manufacturing.
  3279	Other Nonmetallic Mineral Product Manufacturing.
  3312	Steel Product Manufacturing from Purchased Steel.
  3314	Nonferrous Metal (except Aluminum) Production and Processing.
  3315	Foundries.
  3321	Forging and Stamping.
  3323	Architectural and Structural Metals Manufacturing.
  3324	Boiler, Tank, and Shipping Container Manufacturing.
  3325	Hardware Manufacturing.
  3326	Spring and Wire Product Manufacturing.
  3327	Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing.
  3328	Coating, Engraving, Heat Treating, and Allied Activities.
  3331	Agriculture, Construction, and Mining Machinery Manufacturing.
  3335	Metalworking Machinery Manufacturing.
  3361	Motor Vehicle Manufacturing.
  3362	Motor Vehicle Body and Trailer Manufacturing.
  3363	Motor Vehicle Parts Manufacturing.
  3366	Ship and Boat Building.
  3371	Household and Institutional Furniture and Kitchen Cabinet Manufacturing.
  3372	Office Furniture (including Fixtures) Manufacturing.
  3379	Other Furniture Related Product Manufacturing.
  4231	Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers.
  4233	Lumber and Other Construction Materials Merchant Wholesalers.
  4235	Metal and Mineral (except Petroleum) Merchant Wholesalers.
  4239	Miscellaneous Durable Goods Merchant Wholesalers.
  4244	Grocery and Related Product Merchant Wholesalers.
  4248	Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers.
  4413	Automotive Parts, Accessories, and Tire Stores.
  4422	Home Furnishings Stores.
  4441	Building Material and Supplies Dealers.
  4442	Lawn and Garden Equipment and Supplies Stores.
  4451	Grocery Stores.
  4522	Department Stores.
  4523	General Merchandise Stores, including Warehouse Clubs and Supercenters.
  4533	Used Merchandise Stores.
  4543	Direct Selling Establishments.
  4811	Scheduled Air Transportation.
  4841	General Freight Trucking.
  4842	Specialized Freight Trucking.
  4851	Urban Transit Systems.
  4852	Interurban and Rural Bus Transportation.
  4853	Taxi and Limousine Service.
  4854	School and Employee Bus Transportation.
  4859	Other Transit and Ground Passenger Transportation.
  4871	Scenic and Sightseeing Transportation, Land.
  4881	Support Activities for Air Transportation.
  4883	Support Activities for Water Transportation.
  4889	Other Support Activities for Transportation.
  4911	Postal Service.
  4921	Couriers and Express Delivery Services.
  4931	Warehousing and Storage.
  5322	Consumer Goods Rental.
  5621	Waste Collection.
  5622	Waste Treatment and Disposal.
  6219	Other Ambulatory Health Care Services.
  6221	General Medical and Surgical Hospitals.
  6222	Psychiatric and Substance Abuse Hospitals.
  6223	Specialty (except Psychiatric and Substance Abuse) Hospitals.
  6231	Nursing Care Facilities (Skilled Nursing Facilities).
  6232	Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.
  6233	Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly.
  6239	Other Residential Care Facilities.
  6243	Vocational Rehabilitation Services.
  7111	Performing Arts Companies.
  7112	Spectator Sports.
  7131	Amusement Parks and Arcades.
  7211	Traveler Accommodation.
  7212	RV (Recreational Vehicle) Parks and Recreational Camps.
  7223	Special Food Services.

  [88 FR 47348, July 21, 2023]

• Subpart F — Transition From the Former Rule

  § 1904.43 — Summary and posting of the 2001 data. (OSHA.gov)

  (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.

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

  § 1904.44 — Retention and updating of old forms. (OSHA.gov)

  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.

  § 1904.45 — OMB control numbers under the Paperwork Reduction Act (OSHA.gov)

  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	OMB Control No.
  1904.4-35	1218-0176
  1904.39-41	1218-0176
  1904.42	1220-0045
  1904.43-44	1218-0176

• Subpart G — Definitions

  § 1904.46 — Definitions. (OSHA.gov)

  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 North American Industry Classification System (2007) codes 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).

  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, work-related 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).

  [66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020]