OSHA Recordkeeping Handbook - denix

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Thank you for your interest in occupational safety and health. We hope you find this informationhelpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation lettersexplain these requirements and how they apply to particular circumstances, but they cannot createadditional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules.Also, from time to time we update our guidance in response to new information. To keep appraisedof such developments, you can consult OSHA's website at http://www.osha.gov. If you have any furtherquestions please contact the Division of Recordkeeping Requirements at (202) 693-1702.Sincerely,Keith Goddard, DirectorDirectorate of Evaluation and Analysis§1904.35154OSHA RECORDKEEPINGHANDBOOK
Letter of interpretation related to sections 1904.35, 1904.35(b)(2) and 1905.35(b)(2)(v) –Employee and employee representative access rights to OSHA 300 Log and OSHA 300-A Summary forms.November 7, 2003LaMont ByrdDirector Safety and Health DepartmentInternational Brotherhood of Teamsters25 Louisiana Avenue, N.W.Washington, D.C. 20001-2198Dear Mr. Byrd:Thank you for your April 4, 2003 letter to the Occupational Safety and Health Administration (OSHA)regarding the Injury and Illness Recording and Reporting Requirements contained in 29 CFR Part 1904.Your letter was forwarded to my office by Richard Fairfax, Director, Directorate of Enforcement Programs.The Division of Recordkeeping Requirements is responsible for the administration of the OSHAinjury and illness recordkeeping system nationwide. Please excuse the delay in responding to your request.In your letter, you ask OSHA to clarify the requirements under the access provisions for the OSHA injuryand illness records, 29 CFR 1904.35, specifically the OSHA 300-A, the Summary of Work-relatedInjuries and Illnesses. Under section 1904.35(b)(2), employees, former employees, their personal representatives,and their authorized employee representatives have the right to access the OSHA 300 Log Formand the OSHA 300-A Summary Form. The employer must give the requester a copy of the OSHA 300Form and the OSHA 300-A Form by the end of the next business day. In addition, employees, formeremployees, and their representatives have the right to access the OSHA 301 Incident Form with some limitationsand provision time frame differences, as set out in Section 1904.35(b)(2)(v) of the recordkeepingregulation.Thank you for your interest in occupational safety and health. We hope you find this information helpful.OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain theserequirements and how they apply to particular circumstances, but they cannot create additional employerobligations. This letter constitutes OSHA’s interpretation of the requirements discussed. Note that ourenforcement guidance may be affected by changes to OSHA rules. In addition, from time to time weupdate our guidance in response to new information. To keep appraised of such developments, you canconsult OSHA’s website at http://www.osha.gov. If you have any further questions, please contact theDivision of Recordkeeping Requirements, at 202-693-1702.Sincerely,Frank Frodyma, Acting DirectorDirectorate of Evaluation and Analysis§1904.35OSHA RECORDKEEPINGHANDBOOK155
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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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§1904.0…OSHA has rejected the su
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§1904.1Since publication of the re
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§1904.2SIC code Industry descripti
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§1904.2tinue to have injury and il
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Section 1904.3Keeping records for m
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PREAMBLE DISCUSSION: Section 1904.4
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(viii)(ix)The illness is the common
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§1904.5employment environment. For
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§1904.5the employee’s status as
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§1904.5Exceptions Proposed but Not
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§1904.5pain and swelling in a join
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§1904.5the worker has taken a side
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§1904.526“Personal tasks” for
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If the accident had occurred in a l
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Scenario 4:• An employee reports
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In applying [the presumption of wor
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Letters of interpretation related t
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November 19, 2002Joseph Woodward, E
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Letter of interpretation related to
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§1904.6that the two injuries or il
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§1904.6…Under the OSHA recordkee
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FREQUENTLY ASKED QUESTIONS: Section
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Since the employee was not performi
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In each of the eight scenarios in y
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§1904.7other licensed health care
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§1904.7that eliminates the routine
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§1904.7pose. This paragraph also s
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§1904.7Counting Lost Workdays When
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§1904.7tors to such injuries and i
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§1904.7This list of first aid trea
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§1904.7visit to a health care prof
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§1904.7However, as discussed above
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§1904.766immediate recording of si
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§1904.7strength? How is an employe
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§1904.7or illness. The severity of
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The first treatment is glue used to
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Response: The employer would have t
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§1904.8exposure” as these terms
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ing blood and other potentially inf
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standard. In some cases employers v
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PART 1904—[AMENDED] (67 FR 77170,
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§1904.1088OSHA RECORDKEEPINGcorrec
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§1904.1090OSHA RECORDKEEPINGAwaren
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§1904.1092reasonable checks agains
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§1904.1094determination. Second, t
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FREQUENTLY ASKED QUESTIONS: Section
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Also, from time to time we update o
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§1904.11Section 1904.11Recording c
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§1904.11of causation applies to th
Page 112 and 113: §1904.12Thus, the total MSD count
Page 114 and 115: §1904.12current survey was designe
Page 116 and 117: §1904.29son’s blood or other pot
Page 118 and 119: §1904.29cern cases, and the list m
Page 120 and 121: §1904.29have also been designed to
Page 122 and 123: §1904.29with that entry and employ
Page 124 and 125: FREQUENTLY ASKED QUESTIONS: Section
Page 126 and 127: Section 1904.29(b)(10). In addition
Page 128 and 129: Section 1904.30Multiple business es
Page 130 and 131: fest themselves quickly and can be
Page 132 and 133: §1904.31The term “employee” me
Page 134 and 135: §1904.31companies, and other tempo
Page 136 and 137: Letter of interpretation related to
Page 138 and 139: Scenario 5:• An employee drives i
Page 140 and 141: Response: The log is to be kept for
Page 142 and 143: Section 1904.32Annual summary(66 FR
Page 144 and 145: §1904.32The company executive cert
Page 146 and 147: Deletions from the former rule....F
Page 148 and 149: I do want to make one further point
Page 150 and 151: sede any longer retention periods s
Page 152 and 153: Response: The controlling employer
Page 154 and 155: Section 1904.35Employee involvement
Page 156 and 157: §1904.351904 regulation to provide
Page 158 and 159: §1904.35tions on employees’ and
Page 160 and 161: employee, the employer must provide
Page 164 and 165: Letter of interpretation related to
Page 166 and 167: Section 1904.36Prohibition against
Page 168 and 169: and section 1952.4 spells out the r
Page 170 and 171: §1904.38Section 1904.38Variances f
Page 172 and 173: §1904.38cited and the citation is
Page 174 and 175: §1904.39PREAMBLE DISCUSSION: Secti
Page 176 and 177: §1904.39FREQUENTLY ASKED QUESTIONS
Page 178 and 179: §1904.40maintains the records at a
Page 180 and 181: June 23, 2003Mr. Edwin G. Foulke, J
Page 182 and 183: Section 1904.41Annual OSHA injury a
Page 184 and 185: Section 1904.42Requests from the Bu
Page 186 and 187: Section 1904.43Summary and posting
Page 188 and 189: Section 1904.44Retention and updati
Page 190 and 191: Section 1904.45OMB control numbers
Page 192 and 193: allows him or her to independently
Page 194 and 195: §1904.46the three criteria above,
Page 196 and 197: §1904.46approach will provide an i
Page 198 and 199: FREQUENTLY ASKED QUESTIONS: Section
Page 200 and 201: Section 1952.4Injury and illness re
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