OSHA Recordkeeping Handbook - Msabc.net

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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
tion, require employers to report fatality and multiplehospitalization incidents within a shorter time framethan Federal OSHA does (1904.39), require othertypes of incidents to be reported as they occur,require hearing loss to be recorded at a lower thresholdlevel during CY 2002 (1904.10(c)), or impose otherrequirements.Question 37-3. Are State and local governmentemployers covered by this rule?No, but they are covered under the equivalent Staterule in States that operate OSHA-approved StatePlans. State rules must cover these workplaces andrequire the recording and reporting of work-relatedinjuries and illnesses.Question 37-4. How can I find out if my State has anOSHA-approved plan?The following States have OSHA-approved plans:Alaska, Arizona, California, Hawaii, Indiana, Iowa,Kentucky, Maryland, Michigan, Minnesota, Nevada,New Mexico, North Carolina, Oregon, Puerto Rico,South Carolina, Tennessee, Utah, Vermont, Virginia,Virgin Islands, Washington, and Wyoming.Connecticut, New Jersey, and New York have plansthat cover State and local government employeesonly.LETTERS OF INTERPRETATION: Section 1904.37Section 1904.37 State recordkeeping regulationsThis section will be developed as letters of interpretation become available.OSHA RECORDKEEPINGHANDBOOK161§1904.37
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www.osha.govOSHARecordkeepingHandbo
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OSHARecordkeeping HandbookThe Regul
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ContentsRecordkeeping HandbookRoadm
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Section 1904.40Providing records to
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Section 1904.0Purpose(66 FR 6122, J
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Section 1904.1Partial exemption for
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Section 1904.2Partial exemption for
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employees, to OSHA within 8 hours (
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Partial Exemptions for Employers Un
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Section 1904.4Recording criteria(66
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Section 1904.5Determination of work
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(b)(7) How do I decide if a case is
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well, including providing informati
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This exception, which responds to i
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or she is in the work environment a
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have occurred but for the occupatio
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considered work-related. If an empl
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Question 5-12. Is work-related stre
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• The doctor described the illnes
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Scenario 7:• A site hired numerou
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Letter of interpretation related to
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These principles should be applied
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The problem with the response is tw
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Section 1904.6Determination of new
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the Guidelines stated that “the a
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estricted work. If the case is a pr
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• The doctor also prescribed the
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• The employees were under the di
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Section 1904.7General recording cri
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(iii) Do I have to record restricte
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of the length of time the employee
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then result in days away from work
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A partial day of work is recorded a
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In all other respects, the final ru
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ments. The Agency believes that the
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e recorded because it will require
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However, episodes of fainting from
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care professional, he or she may al
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“Other simple means” of removin
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For purposes of OSHA recordkeeping
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• When answering the doctor’s q
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Response: In the recordkeeping regu
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Letter of interpretation related to
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Section 1904.8Recording criteria fo
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caused by contaminated needles and
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Section 1904.9Recording criteria fo
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Section 1904.10Recording criteria f
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hearing loss case that is not relat
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average of 10 decibels or more at 2
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argued that because the function of
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occurs, and where hearing loss can
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cases in their workplace via analys
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March 4, 2004Mr. Carl O. Sall, CIHD
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When the professional evaluating th
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(2) May I line-out or erase a recor
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Section 1904.12Recording criteria f
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These new statistics would add only
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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 130: and has adopted language in the fin
Page 131 and 132: Section 1904.31Covered employees(66
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 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 163 and 164: Letter of interpretation related to
Page 165 and 166: Question 3: Using the facts in Ques
Page 167: Section 1904.37State recordkeeping
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
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