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OSHA Recordkeeping Handbook - Msabc.net

OSHA Recordkeeping Handbook - Msabc.net

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employee, the employer must provide a copy by theend of the next business day. <strong>OSHA</strong> finds that theseare appropriate time frames for supplying a copy ofthe existing forms, which in the case of the Form 301is a single page. The average 300 Log is also onlyone page, although employers who have a largernumber of occupational injuries and illnesses willhave more than one page.The final rule allows the employer seven businessdays to provide copies of the <strong>OSHA</strong> 301 forms for alloccupational injuries and illnesses that occur at theestablishment....[A]s stated in the final rule, the employer maynot provide the authorized employee representativewith the information on the left side of the 301 form,so the employer needs additional time to redact thisinformation. Because the final rule only provides aright of access to an authorized employee representative(authorized collective bargaining agent), thenumber of requests should not exceed the number ofunions representing employees at the establishment....[T]he employer must provide only one freecopy. If additional copies are requested, the employermay charge for the copies.Charging Employees for Copies of the <strong>OSHA</strong>Records...In the final rule, <strong>OSHA</strong> has implemented the proposedprovision requiring employers to providecopies free of charge to employees who ask for therecords....<strong>OSHA</strong> agrees that there are some circumstanceswhere employers should have the option ofcharging for records. After receiving an initial, freecopy of requested records, an employee, formeremployee, or designated representative may becharged a reasonable search and copying fee forduplicate copies of the records. However, no feemay be charged for an update of a previouslyrequested record.FREQUENTLY ASKED QUESTIONS: Section 1904.35 (<strong>OSHA</strong> Instruction, CPL 2-0.135, Chap. 5)Section 1904.35 Employee involvementQuestion 35-1. How does an employer inform eachemployee on how he or she is to report an injury orillness?Question 35-2. Do I have to give my employees andtheir representatives access to the <strong>OSHA</strong> injury andillness records?§1904.35Employers are required to let employees know howand when to report work-related injuries and illnesses.This means that the employer must set up a wayfor the employees to report work-related injuries andillnesses and tell its employees how to use it. The<strong>Recordkeeping</strong> rule does not specify how the employermust accomplish these objectives, so employershave flexibility to set up systems that are appropriateto their workplace. The size of the workforce, employee’slanguage proficiency and literacy levels, theworkplace culture, and other factors will determinewhat will be effective for any particular workplace.Yes, your employees, former employees, their personalrepresentatives, and their authorized employeerepresentatives have the right to access the<strong>OSHA</strong> 300 Log Form and the <strong>OSHA</strong> 300-A SummaryForm. The employer must give the requester a copyof the <strong>OSHA</strong> 300 Form and the <strong>OSHA</strong> 300-A Form bythe end of the next business day. In addition,employees and their representatives have the rightto access the <strong>OSHA</strong> 301 Incident Form with somelimitations, in section 1904.35(b)(2)(v)(B) of therecordkeeping regulation152<strong>OSHA</strong> RECORDKEEPINGHANDBOOK

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