fest themselves quickly and can be linked to theworkplace where they occur, which is no differentthan most injury cases. For illnesses that are causedby long-term exposures or which have long latencyperiods, the illness will most likely be detected duringa visit to a physician or other health care professional,and the employee is most likely to report it tohis or her supervisor at the home work location.Recording these injuries and illnesses couldpotentially present a problem with incidence rate calculations.In many situations, visiting employees area minority of the workforce, their hours worked arerelatively inconsequential, and rates are thus unaffectedto any meaningful extent. However, if anemployer relies on visiting labor to perform a largeramount of the work, rates could be affected. In thesesituations, the hours of these personnel should beadded to the establishment’s hours of work for ratecalculation purposes.§1904.30FREQUENTLY ASKED QUESTIONS: Section 1904.30 (<strong>OSHA</strong> Instruction, CPL 2-0.135, Chap. 5)Section 1904.30 Multiple business establishmentsThis section will be developed as letters of interpretation become available.LETTERS OF INTERPRETATION: Section 1904.30Section 1904.30 Multiple business establishmentsThis section will be developed as letters of interpretation become available.122<strong>OSHA</strong> RECORDKEEPINGHANDBOOK
Section 1904.31Covered employees(66 FR 6131, Jan. 19, 2001)REGULATION: Section 1904.31Subpart D – Other <strong>OSHA</strong> injury and illness recordkeeping requirements(66 FR 6130, Jan. 19, 2001)Section 1904.31 Covered employees(a) Basic requirement.You must record on the <strong>OSHA</strong> 300 Log the recordableinjuries and illnesses of all employees on yourpayroll, whether they are labor, executive, hourly,salary, part-time, seasonal, or migrant workers. Youalso must record the recordable injuries and illnessesthat occur to employees who are not onyour payroll if you supervise these employees on aday-to-day basis. If your business is organized as asole proprietorship or partnership, the owner orpartners are not considered employees for recordkeepingpurposes.(b) Implementation.(1) If a self-employed person is injured or becomesill while doing work at my business, do I needto record the injury or illness?No, self-employed individuals are not covered bythe OSH Act or this regulation.(2) If I obtain employees from a temporary helpservice, employee leasing service, or personnel supplyservice, do I have to record an injury or illnessoccurring to one of those employees?You must record these injuries and illnesses if yousupervise these employees on a day-to-day basis.(3) If an employee in my establishment is a contractor’semployee, must I record an injury or illnessoccurring to that employee?If the contractor’s employee is under the day-todaysupervision of the contractor, the contractor isresponsible for recording the injury or illness. If yousupervise the contractor employee’s work on a dayto-daybasis, you must record the injury or illness.(4) Must the personnel supply service, temporaryhelp service, employee leasing service, or contractoralso record the injuries or illnesses occurring to temporary,leased or contract employees that I superviseon a day-to-day basis?No, you and the temporary help service, employeeleasing service, personnel supply service, or contractorshould coordinate your efforts to make surethat each injury and illness is recorded only once:either on your <strong>OSHA</strong> 300 Log (if you provide day-todaysupervision) or on the other employer’s <strong>OSHA</strong>300 Log (if that company provides day-to-day supervision).§1904.31PREAMBLE DISCUSSION: Section 1904.31(66 FR 6037-6042, Jan. 19, 2001)The following are selected excerpts from the preamble to the Occupational Injury and Illness Recording andReporting Requirements, the <strong>Recordkeeping</strong> rule (66 FR 5916, 29 CFR Parts 1904 and 1952). These excerptsrepresent some of the key discussions related to the final rule (66 FR 6122, 29 CFR Parts 1904 and 1952).Section 1904.31 Covered employees.Final Rule Requirements and Legal BackgroundSection 1904.31 requires employers to record theinjuries and illnesses of all their employees, whetherclassified as labor, executive, hourly, salaried, parttime,seasonal, or migrant workers. The section alsorequires the employer to record the injuries and illnessesof employees they supervise on a day-to-daybasis, even if these workers are not carried on theemployer’s payroll.Implementing these requirements requires anunderstanding of the Act’s definitions of “employer”and “employee.” The statute defines “employer,” inrelevant part, to mean “a person engaged in a businessaffecting interstate commerce who has employees.”29 U.S.C. 652(5). The term “person” includes“one or more individuals, partnerships, associations,corporations, business trusts, legal representatives,or any organized group of persons.” 29 U.S.C. 652(4).<strong>OSHA</strong> RECORDKEEPINGHANDBOOK123
- Page 1 and 2:
www.osha.govOSHARecordkeepingHandbo
- Page 3 and 4:
OSHARecordkeeping HandbookThe Regul
- Page 5 and 6:
ContentsRecordkeeping HandbookRoadm
- Page 7 and 8:
Section 1904.40Providing records to
- Page 9 and 10:
Section 1904.0Purpose(66 FR 6122, J
- Page 11 and 12:
Section 1904.1Partial exemption for
- Page 13 and 14:
Section 1904.2Partial exemption for
- Page 15 and 16:
employees, to OSHA within 8 hours (
- Page 17 and 18:
Partial Exemptions for Employers Un
- Page 19 and 20:
Section 1904.4Recording criteria(66
- Page 21 and 22:
Section 1904.5Determination of work
- Page 23 and 24:
(b)(7) How do I decide if a case is
- Page 25 and 26:
well, including providing informati
- Page 27 and 28:
This exception, which responds to i
- Page 29 and 30:
or she is in the work environment a
- Page 31 and 32:
have occurred but for the occupatio
- Page 33 and 34:
considered work-related. If an empl
- Page 35 and 36:
Question 5-12. Is work-related stre
- Page 37 and 38:
• The doctor described the illnes
- Page 39 and 40:
Scenario 7:• A site hired numerou
- Page 41 and 42:
Letter of interpretation related to
- Page 43 and 44:
These principles should be applied
- Page 45 and 46:
The problem with the response is tw
- Page 47 and 48:
Section 1904.6Determination of new
- Page 49 and 50:
the Guidelines stated that “the a
- Page 51 and 52:
estricted work. If the case is a pr
- Page 53 and 54:
• The doctor also prescribed the
- Page 55 and 56:
• The employees were under the di
- Page 57 and 58:
Section 1904.7General recording cri
- Page 59 and 60:
(iii) Do I have to record restricte
- Page 61 and 62:
of the length of time the employee
- Page 63 and 64:
then result in days away from work
- Page 65 and 66:
A partial day of work is recorded a
- Page 67 and 68:
In all other respects, the final ru
- Page 69 and 70:
ments. The Agency believes that the
- Page 71 and 72:
e recorded because it will require
- Page 73 and 74:
However, episodes of fainting from
- Page 75 and 76:
care professional, he or she may al
- Page 77 and 78:
“Other simple means” of removin
- Page 79 and 80: For purposes of OSHA recordkeeping
- Page 81 and 82: • When answering the doctor’s q
- Page 83 and 84: Response: In the recordkeeping regu
- Page 85 and 86: Letter of interpretation related to
- Page 87 and 88: Section 1904.8Recording criteria fo
- Page 89 and 90: caused by contaminated needles and
- Page 91 and 92: Section 1904.9Recording criteria fo
- Page 93 and 94: Section 1904.10Recording criteria f
- Page 95 and 96: hearing loss case that is not relat
- Page 97 and 98: average of 10 decibels or more at 2
- Page 99 and 100: argued that because the function of
- Page 101 and 102: occurs, and where hearing loss can
- Page 103 and 104: cases in their workplace via analys
- Page 105 and 106: March 4, 2004Mr. Carl O. Sall, CIHD
- Page 107 and 108: When the professional evaluating th
- Page 109 and 110: (2) May I line-out or erase a recor
- Page 111 and 112: Section 1904.12Recording criteria f
- Page 113 and 114: These new statistics would add only
- Page 115 and 116: Sections 1904.13 - 1904.28 Reserved
- Page 117 and 118: two lines of the OSHA 300 Log to de
- Page 119 and 120: which replace the OSHA 200 and 101
- Page 121 and 122: different types of occupational ill
- Page 123 and 124: OSHA 301 form. These data are usefu
- Page 125 and 126: LETTERS OF INTERPRETATION: Section
- Page 127 and 128: Question 2: Under 29 CFR Section 19
- Page 129: and has adopted language in the fin
- Page 133 and 134: label assigned to a worker is immat
- Page 135 and 136: These workers should be evaluated j
- Page 137 and 138: Response: A case is work-related if
- Page 139 and 140: Response: Section 1904.31 states th
- Page 141 and 142: Thank you for your interest in occu
- Page 143 and 144: year covered by the summary. The su
- Page 145 and 146: 2. Number of employees and hours wo
- Page 147 and 148: LETTERS OF INTERPRETATION: Section
- Page 149 and 150: Section 1904.33Retention and updati
- Page 151 and 152: June 23, 2003Mr. Edwin G. Foulke, J
- Page 153 and 154: Section 1904.34Change in business o
- Page 155 and 156: PREAMBLE DISCUSSION: Section 1904.3
- Page 157 and 158: Incident Report (Forms 300 and 301,
- Page 159 and 160: workers’ compensation claim. See
- Page 161 and 162: LETTERS OF INTERPRETATION: Section
- Page 163 and 164: Letter of interpretation related to
- Page 165 and 166: Question 3: Using the facts in Ques
- Page 167 and 168: Section 1904.37State recordkeeping
- Page 169 and 170: tion, require employers to report f
- Page 171 and 172: (5) If I receive a variance, may th
- Page 173 and 174: Section 1904.39Reporting fatalities
- Page 175 and 176: gation. Therefore, the final rule d
- Page 177 and 178: Section 1904.40Providing records to
- Page 179 and 180: ness. The government inspector may
- Page 181 and 182:
Response: The controlling employer
- Page 183 and 184:
FREQUENTLY ASKED QUESTIONS: Section
- Page 185 and 186:
OSHA and the BLS have worked togeth
- Page 187 and 188:
provide copies of the retained reco
- Page 189 and 190:
FREQUENTLY ASKED QUESTIONS: Section
- Page 191 and 192:
Section 1904.46Definitions(66 FR 61
- Page 193 and 194:
of business information. For exampl
- Page 195 and 196:
inconvenience associated with keepi
- Page 197 and 198:
skin disease, respiratory disorder,
- Page 199 and 200:
Question 2: Under 29 CFR Section 19
- Page 201:
www.osha.gov