eCFR 29 Part 1904

PART 1904 - RECORDING AND
REPORTING OCCUPATIONAL INJURIES
AND ILLNESSES
Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of Labor's Orders No. 3-2000 (65
FR 50017) and 1-2012 (77 FR 3912), as applicable, and 5 U.S.C. 553.
Source: 66 FR 6122, Jan. 19, 2001, unless otherwise noted.
Editorial Note

Editorial Note: At 82 FR 20548, May 3, 2017, as required by the Congressional Review Act
and Public Law 115-21, the Occupational Safety and Health Administration removed all
amendments to part 1904 published at 81 FR 91792, Dec. 19, 2016.

Subpart A - Purpose
§ 1904.0 Purpose.
The purpose of this rule (part 1904) is to require employers to record and report work-related
fatalities, injuries, and illnesses.
Note to § 1904.0:
Recording or reporting a work-related injury, illness, or fatality does not mean that the employer
or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible
for workers' compensation or other benefits.
[82 FR 20548, May 3, 2017]

Subpart B - Scope
Note to subpart B:
All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by
these part 1904 regulations. However, most employers do not have to keep OSHA injury and
illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing
that they must keep records. For example, employers with 10 or fewer employees and business
establishments in certain industry classifications are partially exempt from keeping OSHA injury
and illness records.

§ 1904.1 Partial exemption for employers with 10 or fewer
employees.
(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.
(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.
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.

Non-Mandatory Appendix A to Subpart B of Part 1904 Partially Exempt Industries
Employers are not required to keep OSHA injury and illness records for any establishment
classified in the following North American Industry Classification System (NAICS) codes,
unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a
state agency operating under the authority of OSHA or the BLS. All employers, including those
partially exempted by reason of company size or industry classification, must report to OSHA
any employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see § 1904.39).
NAICS
Code
4412
4431
4461
4471
4481
4482
4483
4511
4512
4531
4532
4812
4861
4862
4869
4879
4885
5111
5112
5121
5122
5151
5172
5173
5179
5181
5182

Industry
Other Motor Vehicle Dealers.
Electronics and Appliance Stores.
Health and Personal Care Stores.
Gasoline Stations.
Clothing Stores.
Shoe Stores.
Jewelry, Luggage, and Leather Goods Stores.
Sporting Goods, Hobby, and Musical Instrument Stores.
Book, Periodical, and Music Stores.
Florists.
Office Supplies, Stationery, and Gift Stores.
Nonscheduled Air Transportation.
Pipeline Transportation of Crude Oil.
Pipeline Transportation of Natural Gas.
Other Pipeline Transportation.
Scenic and Sightseeing Transportation, Other.
Freight Transportation Arrangement.
Newspaper, Periodical, Book, and Directory Publishers.
Software Publishers.
Motion Picture and Video Industries.
Sound Recording Industries.
Radio and Television Broadcasting.
Wireless Telecommunications Carriers (except Satellite).
Telecommunications Resellers.
Other Telecommunications.
Internet Service Providers and Web Search Portals.
Data Processing, Hosting, and Related Services.

NAICS
Code
5191
5211
5221
5222
5223
5231
5232
5239
5241
5242
5251
5259
5312
5331
5411
5412
5413
5414
5415
5416
5417
5418
5511
5611
5614
5615
5616
6111
6112
6113
6114
6115
6116
6117
6211
6212

Industry
Other Information Services.
Monetary Authorities - Central Bank.
Depository Credit Intermediation.
Nondepository Credit Intermediation.
Activities Related to Credit Intermediation.
Securities and Commodity Contracts Intermediation and Brokerage.
Securities and Commodity Exchanges.
Other Financial Investment Activities.
Insurance Carriers.
Agencies, Brokerages, and Other Insurance Related Activities.
Insurance and Employee Benefit Funds.
Other Investment Pools and Funds.
Offices of Real Estate Agents and Brokers.
Lessors of Nonfinancial Intangible Assets (except Copyrighted Works).
Legal Services.
Accounting, Tax Preparation, Bookkeeping, and Payroll Services.
Architectural, Engineering, and Related Services.
Specialized Design Services.
Computer Systems Design and Related Services.
Management, Scientific, and Technical Consulting Services.
Scientific Research and Development Services.
Advertising and Related Services.
Management of Companies and Enterprises.
Office Administrative Services.
Business Support Services.
Travel Arrangement and Reservation Services.
Investigation and Security Services.
Elementary and Secondary Schools.
Junior Colleges.
Colleges, Universities, and Professional Schools.
Business Schools and Computer and Management Training.
Technical and Trade Schools.
Other Schools and Instruction.
Educational Support Services.
Offices of Physicians.
Offices of Dentists.

NAICS
Code
6213
6214
6215
6244
7114
7115
7213
7221
7222
7224
8112
8114
8121
8122
8131
8132
8133
8134
8139

Industry
Offices of Other Health Practitioners.
Outpatient Care Centers.
Medical and Diagnostic Laboratories.
Child Day Care Services.
Agents and Managers for Artists, Athletes, Entertainers, and Other Public
Figures.
Independent Artists, Writers, and Performers.
Rooming and Boarding Houses.
Full-Service Restaurants.
Limited-Service Eating Places.
Drinking Places (Alcoholic Beverages).
Electronic and Precision Equipment Repair and Maintenance.
Personal and Household Goods Repair and Maintenance.
Personal Care Services.
Death Care Services.
Religious Organizations.
Grantmaking and Giving Services.
Social Advocacy Organizations.
Civic and Social Organizations.
Business, Professional, Labor, Political, and Similar Organizations.

[79 FR 56186, Sept. 18, 2014]

Subpart C - Recordkeeping Forms and Recording Criteria
Note to subpart C:
This subpart describes the work-related injuries and illnesses that an employer must enter into
the OSHA records and explains the OSHA forms that employers must use to record work-related
fatalities, injuries, and illnesses.

§ 1904.4 Recording criteria.
(a) Basic requirement. Each employer required by this part to keep records of fatalities,
injuries, and illnesses must record each fatality, injury and illness that:
(1) Is work-related; and
(2) Is a new case; and

(3) Meets one or more of the general recording criteria of § 1904.7 or the application to
specific cases of §§ 1904.8 through 1904.12.
(b) Implementation (1) What sections of this rule describe recording criteria for recording work-related
injuries and illnesses? The table below indicates which sections of the rule address each
topic.
(i) Determination of work-relatedness. See § 1904.5.
(ii) Determination of a new case. See § 1904.6.
(iii) General recording criteria. See § 1904.7.
(iv) Additional criteria. (Needlestick and sharps injury cases, tuberculosis cases, hearing
loss cases, medical removal cases, and musculoskeletal disorder cases). See §§ 1904.8
through 1904.12.
(2) How do I decide whether a particular injury or illness is recordable? The decision tree
for recording work-related injuries and illnesses below shows the steps involved in making
this determination.

[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.

(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)
(i)
(ii)

(iii)

(iv)

(v)
(vi)
(vii)

You are not required to record injuries and illnesses if . . .
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.
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.
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.
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.
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.
The injury or illness is solely the result of personal grooming, self medication for a
non-work-related condition, or is intentionally self-inflicted.
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.

1904.5(b)(2)
(viii)

(ix)

You are not required to record injuries and illnesses if . . .
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).
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 If the employee You may use the following to determine if an injury or illness is
(b)(6)
has . . .
work-related
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
checked into a
a non-traveling employee. When the employee checks into the
hotel or motel
(i)
temporary residence, he or she is considered to have left the work
for one or more
environment. When the employee begins work each day, he or she redays
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.
taken a detour Injuries or illnesses are not considered work-related if they occur
(ii)
for personal
while the employee is on a personal detour from a reasonably direct
reasons
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.
(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.
(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 workrelated 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 workrelated 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-AidsTM, gauze pads, etc.; or using
butterfly bandages or Steri-StripsTM (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.
(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.
(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.
(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 workrelated? No. You must use the rules in § 1904.5 to determine if the hearing loss is workrelated. 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.
(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 preemployment 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 [Reserved]
§ 1904.29 Forms.

(a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms, or equivalent forms,
for recordable injuries and illnesses. The OSHA 300 form is called the Log of Work-Related
Injuries and Illnesses, the 300-A is the Summary of Work-Related Injuries and Illnesses, and
the OSHA 301 form is called the Injury and Illness Incident Report.
(b) Implementation (1) What do I need to do to complete the OSHA 300 Log? You must enter information about
your business at the top of the OSHA 300 Log, enter a one or two line description for each
recordable injury or illness, and summarize this information on the OSHA 300-A at the end
of the year.
(2) What do I need to do to complete the OSHA 301 Incident Report? You must complete
an OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or
illness entered on the OSHA 300 Log.
(3) How quickly must each injury or illness be recorded? You must enter each recordable
injury or illness on the OSHA 300 Log and 301 Incident Report within seven (7) calendar
days of receiving information that a recordable injury or illness has occurred.
(4) What is an equivalent form? An equivalent form is one that has the same information, is
as readable and understandable, and is completed using the same instructions as the OSHA
form it replaces. Many employers use an insurance form instead of the OSHA 301 Incident
Report, or supplement an insurance form by adding any additional information required by
OSHA.
(5) May I keep my records on a computer? Yes, if the computer can produce equivalent
forms when they are needed, as described under §§ 1904.35 and 1904.40, you may keep your
records using the computer system.
(6) Are there situations where I do not put the employee's name on the forms for privacy
reasons? Yes, if you have a “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.
(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.

(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.
(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.
(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.
If your business changes ownership, you are responsible for recording and reporting workrelated 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.
(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.
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.

(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.
(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
Authority: 29 U.S.C. 657, 673, 5 U.S.C. 553, and Secretary of Labor's Order 1-2012 (77 FR
3912, Jan. 25, 2012).

§ 1904.39 Reporting fatalities, hospitalizations, amputations,
and losses of an eye as a result of work-related incidents to
OSHA.
(a) Basic requirement.
(1) Within eight (8) hours after the death of any employee as a result of a work-related
incident, you must report the fatality to the Occupational Safety and Health Administration
(OSHA), U.S. Department of Labor.
(2) Within twenty-four (24) hours after the in-patient hospitalization of one or more
employees or an employee's amputation or an employee's loss of an eye, as a result of a
work-related incident, you must report the in-patient hospitalization, amputation, or loss of
an eye to OSHA.

(3) You must report the fatality, in-patient hospitalization, amputation, or loss of an eye using
one of the following methods:
(i) By telephone or in person to the OSHA Area Office that is nearest to the site of the
incident.
(ii) By telephone to the OSHA toll-free central telephone number, 1-800-321-OSHA (1800-321-6742).
(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 inpatient 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, inpatient 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.
(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.

(a) Basic requirements (1) Annual electronic submission of OSHA Form 300A Summary of Work-Related
Injuries and Illnesses by establishments with 250 or more employees. 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 (for
example, 2019 for the 2018 form).
(2) Annual electronic submission of OSHA Form 300A Summary of Work-Related
Injuries and Illnesses by establishments with 20 or more employees but fewer than 250
employees in designated industries. If your establishment had 20 or more employees but
fewer than 250 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 WorkRelated 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.
(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 submit this information to OSHA? No, only two
categories of employers must routinely submit this information. First, 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 submit the required information
to OSHA once a year. Second, if your establishment had 20 or more employees but fewer
than 250 employees at any time during the previous calendar year, and your establishment is
classified in an industry listed in appendix A to this subpart, then you must submit the
required information to OSHA once a year. Employers in these two 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, 2019 for the 2018 form). If you are not in
either of these two 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 fulltime, 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).
(c) Reporting dates.
(1) In 2017 and 2018, establishments required to submit under paragraph (a)(1) or (2) of this
section must submit the required information according to the table in this paragraph (c)(1):

Establishments submitting
Establishments submitting
under paragraph (a)(1) of this under paragraph (a)(2) of this
Submission
Submission
section must submit the
section must submit the
year
deadline
required information from this
required information from
form/these forms:
this form:
December
2017
300A
300A
15, 2017.
2018
300A, 300, 301
300A
July 1, 2018.
(2) Beginning in 2019, establishments that are required to submit under paragraph (a)(1) or
(2) of this section will have to submit all of the required information by March 2 of the year
after the calendar year covered by the form or forms (for example, by March 2, 2019, for the
forms covering 2018).
[81 FR 29692, May 12, 2016, as amended at 82 FR 55765, Nov. 24, 2017; 84 FR 405, Jan. 25,
2019]

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

(4) Do I have to answer the BLS survey form if I am located in a State-Plan State? Yes, all
employers who receive a survey form must respond to the survey, even those in State-Plan
States.

Appendix A to Subpart E of Part 1904 - Designated
Industries for § 1904.41(a)(2) Annual Electronic Submission
of OSHA Form 300A Summary of Work-Related Injuries
and Illnesses by Establishments With 20 or More Employees
but Fewer Than 250 Employees in Designated Industries
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.
4521 Department stores.
4529 Other general merchandise stores.
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.

NAICS
Industry
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.
6232 Residential mental retardation, mental health and substance abuse facilities.
6233 Community care 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.
7213 Rooming and boarding houses.
7223 Special food services.

NAICS
8113
8123

Industry
Commercial and industrial machinery and equipment (except automotive and
electronic) repair and maintenance.
Dry-cleaning and laundry services.

[81 FR 29693, May 12, 2016]

Subpart F - Transition From the Former Rule
§ 1904.43 Summary and posting of the 2001 data.
(a) Basic requirement. If you were required to keep OSHA 200 Logs in 2001, you must post a
2000 annual summary from the OSHA 200 Log of occupational injuries and illnesses for each
establishment.
(b) Implementation (1) What do I have to include in the summary?
(i) You must include a copy of the totals from the 2001 OSHA 200 Log and the following
information from that form:
(A) The calendar year covered;
(B) Your company name;
(C) The name and address of the establishment; and
(D) The certification signature, title and date.
(ii) If no injuries or illnesses occurred at your establishment in 2001, you must enter zeros
on the totals line and post the 2001 summary.
(2) When am I required to summarize and post the 2001 information?
(i) You must complete the summary by February 1, 2002; and
(ii) You must post a copy of the summary in each establishment in a conspicuous place or
places where notices to employees are customarily posted. You must ensure that the
summary is not altered, defaced or covered by other material.
(3) You must post the 2001 summary from February 1, 2002 to March 1, 2002.

§ 1904.44 Retention and updating of old forms.

You must save your copies of the OSHA 200 and 101 forms for five years following the year to
which they relate and continue to provide access to the data as though these forms were the
OSHA 300 and 301 forms. You are not required to update your old 200 and 101 forms.

§ 1904.45 OMB control numbers under the Paperwork
Reduction Act
The following sections each contain a collection of information requirement which has been
approved by the Office of Management and Budget under the control number listed
29 CFR citation 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.
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]