OSHA Recordkeeping Handbook - Msabc.net

and section 1952.4 spells out the regulatory discretionof the State Plans specifically for the recordkeepingregulation.In the final rule, OSHA has rewritten the text ofthe corresponding proposed section and moved itinto Subpart D of the final rule. Under Section 18 ofthe OSH Act, a State Plan must require employers inthe State to make reports to the Secretary in thesame manner and to the same extent as if the Planwere not in effect. Final section 1904.37 makes clearthat States with approved State Plans must promulgatenew regulations that are substantially identicalto the final Federal rule. State Plans must haverecording and reporting regulations that imposeidentical requirements for the recordability of occupationalinjuries and illnesses and the manner inwhich they are entered. These requirements must bethe same for employers in all the States, whetherunder Federal or State Plan jurisdiction, and for Stateand local government employers covered onlythrough State Plans, to ensure that the occupationalinjury and illness data for the entire nation are uniformand consistent so that statistics that allow comparisonsbetween the States and between employerslocated in different States are created.For all of the other requirements of the Part 1904regulations, the regulations adopted by the StatePlans may be more stringent than or supplemental tothe Federal regulations, pursuant to paragraph1952.4(b). This means that the States’ recording andreporting regulations could differ in several waysfrom their Federal Part 1904 counterparts. For example,a State Plan could require employers to keeprecords for the State, even though those employersare within an industry exempted by the Federal rule.A State Plan could also require employers to keepadditional supplementary injury and illness information,require employers to report fatality and multiplehospitalization incidents within a shorter timeframethan Federal OSHA does, require other types of incidentsto be reported as they occur, or impose otherrequirements. While a State Plan must assure thatall employee participation and access rights areassured, the State may provide broader access torecords by employees and their representatives.However, because of the unique nature of the nationalrecordkeeping program, States must secureFederal OSHA approval for these enhancements....Because Federal OSHA does not provide coverageto State and local government employees, the State-Plan States may grant State recordkeeping variancesto the State and local governments under their jurisdiction.However, the State must obtain concurrencefrom Federal OSHA prior to issuing any such variances.In addition, the State-Plan States may notgrant variances to any other employers and must recognizeall 1904 variances granted by Federal OSHA.These steps are necessary to ensure that the injuryand illness data requirements are consistent fromState to State....Accordingly, the Part 1904 rules impose identicalrequirements where they are needed to create consistentinjury and illness statistics for the nation andallows the States to impose supplemental or morestringent requirements where doing so will not interferewith the maintenance of comprehensive and uniformnational statistics on workplace fatalities,injuries and illnesses.FREQUENTLY ASKED QUESTIONS: Section 1904.37 (OSHA Instruction, CPL 2-0.135, Chap. 5)Section 1904.37 State recordkeeping regulationsQuestion 37-1. Do I have to follow these rules if myState has an OSHA-approved State Plan?If your workplace is located in a State that operatesan OSHA-approved State Plan, you must follow theregulations of the State. However, these States mustadopt occupational injury and illness recording andreporting requirements that are substantially identicalto the requirements in Part 1904. State Plan Statesmust have the same requirements as Federal OSHAfor determining which injuries and illnesses arerecordable and how they are recorded.Question 37-2. How may state regulations differfrom the Federal requirements?For Part 1904 provisions other than recording andreporting, State requirements may be more stringentthan or supplemental to the Federal requirements.For example, a State Plan could require employers tokeep records for the State, even though thoseemployers have 10 or fewer employees (1904.1) orare within an industry exempted by the Federal rule.A State Plan could also require employers to keepadditional supplementary injury and illness informa-§1904.37160OSHA RECORDKEEPINGHANDBOOK