Occupational Safety and Health Admin., Labor 1904.

PART 1904RECORDING AND RE- Subpart FTransition From the Former Rule
PORTING OCCUPATIONAL INJU- 1904.43 Summary and posting of year 2000
RIES AND ILLNESSES data.
1904.44 Retention and updating of old forms.
Sec. 1904.45 OMB control numbers under the Pa-
perwork Reduction Act.
Subpart APurpose
Subpart GDefinitions
1904.0 Purpose.
1904.46 Definitions.
Subpart BScope AUTHORITY: 29 U.S.C. 657, 658, 660, 666, 669,
673, Secretary of Labors Order No. 32000 (65
1904.1 Partial exemption for employers with FR 50017), and 5 U.S.C. 533.
10 or fewer employees.
1904.2 Partial exemption for establishments SOURCE: 66 FR 6122, Jan. 19, 2001, unless
in certain industries. otherwise noted.
1904.3 Keeping records for more than one
agency. Subpart APurpose
NON-MANDATORY APPENDIX A TO SUBPART B
PARTIALLY EXEMPT INDUSTRIES. 1904.0 Purpose.
The purpose of this rule (Part 1904) is
Subpart CRecordkeeping Forms and to require employers to record and re-
Recording Criteria port work-related fatalities, injuries
1904.4 Recording criteria. and illnesses.
1904.5 Determination of work-relatedness. NOTE TO 1904.0: Recording or reporting a
1904.6 Determination of new cases. work-related injury, illness, or fatality does
1904.7 General recording criteria. not mean that the employer or employee was
1904.8 Recording criteria for needlestick and at fault, that an OSHA rule has been vio-
sharps injuries. lated, or that the employee is eligible for
1904.9 Recording criteria for cases involving workers compensation or other benefits.
medical removal under OSHA standards.
1904.10 Recording criteria for cases involv-
ing occupational hearing loss. Subpart BScope
1904.11 Recording criteria for work-related
tuberculosis cases. NOTE TO SUBPART B: All employers covered
by the Occupational Safety and Health Act
1904.131904.28 [Reserved]
(OSH Act) are covered by these part 1904 reg-
1904.29 Forms.
ulations. However, most employers do not
have to keep OSHA injury and illness records
Subpart DOther OSHA Injury and Illness unless OSHA or the Bureau of Labor Statis-
Recordkeeping Requirements tics (BLS) informs them in writing that they
must keep records. For example, employers
1904.30 Multiple business establishments.
with 10 or fewer employees and business es-
1904.31 Covered employees.
tablishments in certain industry classifica-
1904.32 Annual summary. tions are partially exempt from keeping
1904.33 Retention and updating. OSHA injury and illness records.
1904.34 Change in business ownership.
1904.35 Employee involvement. 1904.1 Partial exemption for employ-
1904.36 Prohibition against discrimination. ers with 10 or fewer employees.
1904.37 State recordkeeping regulations.
1904.38 Variances from the recordkeeping (a) Basic requirement. (1) If your com-
rule. pany had ten (10) or fewer employees at
all times during the last calendar year,
Subpart EReporting Fatality, Injury and you do not need to keep OSHA injury
Illness Information to the Government and illness records unless OSHA or the
BLS informs you in writing that you
1904.39 Reporting fatalities and multiple must keep records under 1904.41 or
hospitalization incidents to OSHA.
1904.42. However, as required by
1904.40 Providing records to government
representatives. 1904.39, all employers covered by the
1904.41 Annual OSHA Injury and Illness Sur- OSH Act must report to OSHA any
vey of Ten or More Employers. workplace incident that results in a fa-
1904.42 Requests from the Bureau of Labor tality or the hospitalization of three or
Statistics for data. more employees.

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 1904.2 29 CFR Ch. XVII (7111 Edition)

(2) If your company had more than (2) Is the partial industry classification
ten (10) employees at any time during exemption based on the industry classi-
the last calendar year, you must keep fication of my entire company or on the
OSHA injury and illness records unless classification of individual business estab-
your establishment is classified as a lishments operated by my company? The
partially exempt industry under partial industry classification exemp-
1904.2. tion applies to individual business es-
(b) Implementation(1) Is the partial tablishments. If a company has several
exemption for size based on the size of my business establishments engaged in dif-
entire company or on the size of an indi- ferent classes of business activities,
vidual business establishment? The par- some of the companys establishments
tial exemption for size is based on the may be required to keep records, while
number of employees in the entire others may be exempt.
company. (3) How do I determine the Standard In-
(2) How do I determine the size of my dustrial Classification code for my com-
company to find out if I qualify for the pany or for individual establishments?
partial exemption for size? To determine You determine your Standard Indus-
if you are exempt because of size, you trial Classification (SIC) code by using
need to determine your companys the Standard Industrial Classification
peak employment during the last cal- Manual, Executive Office of the Presi-
endar year. If you had no more than 10 dent, Office of Management and Budg-
employees at any time in the last cal- et. You may contact your nearest
endar year, your company qualifies for OSHA office or State agency for help in
the partial exemption for size. determining your SIC.
1904.2 Partial exemption for estab- 1904.3 Keeping records for more than
lishments in certain industries. one agency.
(a) Basic requirement. (1) If your busi- If you create records to comply with
ness establishment is classified in a another government agencys injury
specific low hazard retail, service, fi- and illness recordkeeping require-
nance, insurance or real estate indus- ments, OSHA will consider those
try listed in appendix A to this subpart records as meeting OSHAs part 1904
B, you do not need to keep OSHA in- recordkeeping requirements if OSHA
jury and illness records unless the gov- accepts the other agencys records
ernment asks you to keep the records under a memorandum of understanding
under 1904.41 or 1904.42. However, all with that agency, or if the other agen-
employers must report to OSHA any cys records contain the same informa-
workplace incident that results in a fa- tion as this part 1904 requires you to
tality or the hospitalization of three or record. You may contact your nearest
more employees (see 1904.39). OSHA office or State agency for help in
(2) If one or more of your companys determining whether your records
establishments are classified in a non- meet OSHAs requirements.
exempt industry, you must keep OSHA
injury and illness records for all of NON-MANDATORY APPENDIX A TO SUB-
such establishments unless your com- PART B OF PART 1904PARTIALLY
pany is partially exempted because of EXEMPT INDUSTRIES
size under 1904.1. Employers are not required to keep OSHA
(b) Implementation(1) Does the partial injury and illness records for any establish-
industry classification exemption apply ment classified in the following Standard In-
only to business establishments in the re- dustrial Classification (SIC) codes, unless
tail, services, finance, insurance or real they are asked in writing to do so by OSHA,
estate industries (SICs 5289)? Yes, busi- the Bureau of Labor Statistics ( BLS), or a
ness establishments classified in agri- state agency operating under the authority
culture; mining; construction; manu- of OSHA or the BLS. All employers, includ-
ing those partially exempted by reason of
facturing; transportation; communica-
company size or industry classification,
tion, electric, gas and sanitary serv- must report to OSHA any workplace incident
ices; or wholesale trade are not eligible that results in a fatality or the hospitaliza-
for the partial industry classification tion of three or more employees (see
exemption. 1904.39).

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 Occupational Safety and Health Admin., Labor 1904.4

SIC code Industry description SIC code Industry description

525 ............ Hardware Stores 725 ........... Shoe Repair and Shoeshine Parlors.
542 ............ Meat and Fish Markets 726 ........... Funeral Service and Crematories.
544 ............ Candy, Nut, and Confectionery Stores 729 ........... Miscellaneous Personal Services.
545 ............ Dairy Products Stores 731 ........... Advertising Services.
546 ............ Retail Bakeries 732 ........... Credit Reporting and Collection Services.
549 ............ Miscellaneous Food Stores 733 ........... Mailing, Reproduction, & Stenographic Services.
551 ............ New and Used Car Dealers 737 ........... Computer and Data Processing Services.
552 ............ Used Car Dealers 738 ........... Miscellaneous Business Services.
554 ............ Gasoline Service Stations 764 ........... Reupholstery and Furniture Repair.
557 ............ Motorcycle Dealers 78 ............. Motion Picture.
56 .............. Apparel and Accessory Stores 791 ........... Dance Studios, Schools, and Halls.
573 ............ Radio, Television, & Computer Stores 792 ........... Producers, Orchestras, Entertainers.
58 .............. Eating and Drinking Places 793 ........... Bowling Centers.
591 ............ Drug Stores and Proprietary Stores 801 ........... Offices & Clinics Of Medical Doctors.
592 ............ Liquor Stores 802 ........... Offices and Clinics Of Dentists.
594 ............ Miscellaneous Shopping Goods Stores 803 ........... Offices Of Osteopathic.
599 ............ Retail Stores, Not Elsewhere Classified 804 ........... Offices Of Other Health Practitioners.
60 .............. Depository Institutions (banks & savings institu- 807 ........... Medical and Dental Laboratories.
tions)
61 .............. Nondepository 809 ........... Health and Allied Services, Not Elsewhere Clas-
sified.
62 .............. Security and Commodity Brokers 81 ............. Legal Services.
63 .............. Insurance Carriers 82 ............. Educational Services (schools, colleges, univer-
sities and libraries).
64 .............. Insurance Agents, Brokers & Services 832 ........... Individual and Family Services.
653 ............ Real Estate Agents and Managers 835 ........... Child Day Care Services.
654 ............ Title Abstract Offices 839 ........... Social Services, Not Elsewhere Classified.
67 .............. Holding and Other Investment Offices 841 ........... Museums and Art Galleries.
722 ............ Photographic Studios, Portrait 86 ............. Membership Organizations.
723 ............ Beauty Shops 87 ............. Engineering, Accounting, Research, Manage-
ment, and Related Services.
724 ............ Barber Shops 899 ........... Services, not elsewhere classified.

Subpart CRecordkeeping Forms (b) Implementation(1) What sections

and Recording Criteria of this rule describe recording criteria for
recording work-related injuries and ill-
NOTE TO SUBPART C: This subpart describes nesses? The table below indicates which
the work-related injuries and illnesses that sections of the rule address each topic.
an employer must enter into the OSHA (i) Determination of work-related-
records and explains the OSHA forms that ness. See 1904.5.
employers must use to record work-related (ii) Determination of a new case. See
fatalities, injuries, and illnesses. 1904.6.
(iii) General recording criteria. See
1904.4 Recording criteria. 1904.7.
(a) Basic requirement. Each employer (iv) Additional criteria. (Needlestick
required by this part to keep records of and sharps injury cases, tuberculosis
fatalities, injuries, and illnesses must cases, hearing loss cases, medical re-
record each fatality, injury and illness moval cases, and musculoskeletal dis-
that: order cases). See 1904.8 through
1904.12.
(1) Is work-related; and
(2) How do I decide whether a par-
(2) Is a new case; and ticular injury or illness is recordable? The
(3) Meets one or more of the general decision tree for recording work-re-
recording criteria of 1904.7 or the ap- lated injuries and illnesses below shows
plication to specific cases of 1904.8 the steps involved in making this de-
through 1904.12. termination.

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 1904.5 29 CFR Ch. XVII (7111 Edition)

1904.5 Determination of work-relat- work environment as the establish-

edness. ment and other locations where one or
more employees are working or are
(a) Basic requirement. You must con-
present as a condition of their employ-
sider an injury or illness to be work-re-
ment. The work environment includes
lated if an event or exposure in the not only physical locations, but also
work environment either caused or the equipment or materials used by the
contributed to the resulting condition employee during the course of his or
or significantly aggravated a pre-exist- her work.
ing injury or illness. Work-relatedness (2) Are there situations where an injury
is presumed for injuries and illnesses or illness occurs in the work environment
resulting from events or exposures oc- and is not considered work-related? Yes,
curring in the work environment, un- an injury or illness occurring in the
less an exception in 1904.5(b)(2) spe- work environment that falls under one
cifically applies. of the following exceptions is not work-
(b) Implementation. (1) What is the related, and therefore is not record-
work environment? OSHA defines the able.

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 Occupational Safety and Health Admin., Labor 1904.5

1904.5(b)(2) You are not required to record injuries and illnesses if . . .

(i) ................. At the time of the injury or illness, the employee was present in the work environment as a member of the gen-
eral public rather than as an employee.
(ii) ................ The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related
event or exposure that occurs outside the work environment.
(iii) ................ The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or
recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or
baseball.
(iv) ............... The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal
consumption (whether bought on the employers premises or brought in). For example, if the employee is in-
jured by choking on a sandwich while in the employers establishment, the case would not be considered
work-related.
Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or
gets food poisoning from food supplied by the employer, the case would be considered work-related.
(v) ................ The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at
the establishment outside of the employees assigned working hours.
(vi) ............... The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or
is intentionally self-inflicted.
(vii) ............... The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company ac-
cess road while the employee is commuting to or from work.
(viii) .............. The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or
plague are considered work-related if the employee is infected at work).
(ix) ............... The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily
provides the employer with an opinion from a physician or other licensed health care professional with appro-
priate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the
employee has a mental illness that is work-related.

(3) How do I handle a case if it is not (iv) Medical treatment in a case

obvious whether the precipitating event or where no medical treatment was need-
exposure occurred in the work environ- ed for the injury or illness before the
ment or occurred away from work? In workplace event or exposure, or a
these situations, you must evaluate change in medical treatment was ne-
the employees work duties and envi- cessitated by the workplace event or
ronment to decide whether or not one exposure.
or more events or exposures in the (5) Which injuries and illnesses are con-
work environment either caused or sidered pre-existing conditions? An injury
contributed to the resulting condition or illness is a preexisting condition if it
or significantly aggravated a pre-exist- resulted solely from a non-work-re-
ing condition. lated event or exposure that occured
(4) How do I know if an event or expo- outside the work environment.
sure in the work environment signifi-
(6) How do I decide whether an injury
cantly aggravated a preexisting injury or
or illness is work-related if the employee is
illness? A preexisting injury or illness
on travel status at the time the injury or
has been significantly aggravated, for
illness occurs? Injuries and illnesses
purposes of OSHA injury and illness
recordkeeping, when an event or expo- that occur while an employee is on
sure in the work environment results travel status are work-related if, at the
in any of the following: time of the injury or illness, the em-
(i) Death, provided that the pre- ployee was engaged in work activities
existing injury or illness would likely in the interest of the employer. Ex-
not have resulted in death but for the amples of such activities include travel
occupational event or exposure. to and from customer contacts, con-
(ii) Loss of consciousness, provided ducting job tasks, and entertaining or
that the preexisting injury or illness being entertained to transact, discuss,
would likely not have resulted in loss or promote business (work-related en-
of consciousness but for the occupa- tertainment includes only entertain-
tional event or exposure. ment activities being engaged in at the
(iii) One or more days away from direction of the employer).
work, or days of restricted work, or Injuries or illnesses that occur when
days of job transfer that otherwise the employee is on travel status do not
would not have occurred but for the oc- have to be recorded if they meet one of
cupational event or exposure. the exceptions listed below.

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 1904.6 29 CFR Ch. XVII (7111 Edition)

You may use the following to determine if an injury or illness is

1904.5 (b)(6) If the employee has . . . work-related

(i) .................. checked into a hotel or motel for one or When a traveling employee checks into a hotel, motel, or into an
more days. other temporary residence, he or she establishes a home
away from home. You must evaluate the employees activities
after he or she checks into the hotel, motel, or other temporary
residence for their work-relatedness in the same manner as
you evaluate the activities of a non-traveling employee. When
the employee checks into the temporary residence, he or she
is considered to have left the work environment. When the em-
ployee begins work each day, he or she re-enters the work en-
vironment. If the employee has established a home away from
home and is reporting to a fixed worksite each day, you also
do not consider injuries or illnesses work-related if they occur
while the employee is commuting between the temporary resi-
dence and the job location.
(ii) ................. taken a detour for personal reasons ............. Injuries or illnesses are not considered work-related if they occur
while the employee is on a personal detour from a reasonably
direct route of travel (e.g., has taken a side trip for personal
reasons).

(7) How do I decide if a case is work-re- of the body but had recovered com-
lated when the employee is working at pletely (all signs and symptoms had
home? Injuries and illnesses that occur disappeared) from the previous injury
while an employee is working at home, or illness and an event or exposure in
including work in a home office, will be the work environment caused the signs
considered work-related if the injury or or symptoms to reappear.
illness occurs while the employee is (b) Implementation(1) When an em-
performing work for pay or compensa- ployee experiences the signs or symptoms
tion in the home, and the injury or ill- of a chronic work-related illness, do I
ness is directly related to the perform- need to consider each recurrence of signs
ance of work rather than to the general or symptoms to be a new case? No, for oc-
home environment or setting. For ex- cupational illnesses where the signs or
ample, if an employee drops a box of symptoms may recur or continue in
work documents and injures his or her the absence of an exposure in the work-
foot, the case is considered work-re- place, the case must only be recorded
lated. If an employees fingernail is once. Examples may include occupa-
punctured by a needle from a sewing tional cancer, asbestosis, byssinosis
machine used to perform garment work and silicosis.
at home, becomes infected and requires (2) When an employee experiences the
medical treatment, the injury is con- signs or symptoms of an injury or illness
sidered work-related. If an employee is as a result of an event or exposure in the
injured because he or she trips on the workplace, such as an episode of occupa-
family dog while rushing to answer a tional asthma, must I treat the episode as
work phone call, the case is not consid- a new case? Yes, because the episode or
ered work-related. If an employee recurrence was caused by an event or
working at home is electrocuted be- exposure in the workplace, the incident
cause of faulty home wiring, the injury must be treated as a new case.
is not considered work-related. (3) May I rely on a physician or other
licensed health care professional to deter-
1904.6 Determination of new cases. mine whether a case is a new case or a re-
(a) Basic requirement. You must con- currence of an old case? You are not re-
sider an injury or illness to be a new quired to seek the advice of a physician
case if: or other licensed health care profes-
(1) The employee has not previously sional. However, if you do seek such
experienced a recorded injury or illness advice, you must follow the physician
of the same type that affects the same or other licensed health care profes-
part of the body, or sionals recommendation about wheth-
(2) The employee previously experi- er the case is a new case or a recur-
enced a recorded injury or illness of the rence. If you receive recommendations
same type that affected the same part from two or more physicians or other

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 Occupational Safety and Health Admin., Labor 1904.7

licensed health care professionals, you volving days away and an entry of the
must make a decision as to which rec- number of calendar days away from
ommendation is the most authoritative work in the number of days column. If
(best documented, best reasoned, or the employee is out for an extended pe-
most authoritative), and record the riod of time, you must enter an esti-
case based upon that recommendation. mate of the days that the employee
will be away, and update the day count
1904.7 General recording criteria. when the actual number of days is
(a) Basic requirement. You must con- known.
sider an injury or illness to meet the (i) Do I count the day on which the in-
general recording criteria, and there- jury occurred or the illness began? No,
fore to be recordable, if it results in you begin counting days away on the
any of the following: death, days away day after the injury occurred or the ill-
from work, restricted work or transfer ness began.
to another job, medical treatment be- (ii) How do I record an injury or illness
yond first aid, or loss of consciousness. when a physician or other licensed health
You must also consider a case to meet care professional recommends that the
the general recording criteria if it in- worker stay at home but the employee
volves a significant injury or illness di- comes to work anyway? You must record
agnosed by a physician or other li- these injuries and illnesses on the
censed health care professional, even if OSHA 300 Log using the check box for
it does not result in death, days away cases with days away from work and
from work, restricted work or job enter the number of calendar days
transfer, medical treatment beyond away recommended by the physician or
first aid, or loss of consciousness. other licensed health care professional.
(b) Implementation(1) How do I decide If a physician or other licensed health
if a case meets one or more of the general care professional recommends days
recording criteria? A work-related injury away, you should encourage your em-
or illness must be recorded if it results ployee to follow that recommendation.
in one or more of the following: However, the days away must be re-
(i) Death. See 1904.7(b)(2). corded whether the injured or ill em-
(ii) Days away from work. See ployee follows the physician or li-
1904.7(b)(3). censed health care professionals rec-
(iii) Restricted work or transfer to ommendation or not. If you receive
another job. See 1904.7(b)(4). recommendations from two or more
(iv) Medical treatment beyond first physicians or other licensed health
aid. See 1904.7(b)(5). care professionals, you may make a de-
(v) Loss of consciousness. See cision as to which recommendation is
1904.7(b)(6). the most authoritative, and record the
(vi) A significant injury or illness di- case based upon that recommendation.
agnosed by a physician or other li- (iii) How do I handle a case when a
censed health care professional. See physician or other licensed health care
1904.7(b)(7). professional recommends that the worker
(2) How do I record a work-related in- return to work but the employee stays at
jury or illness that results in the employ- home anyway? In this situation, you
ees death? You must record an injury must end the count of days away from
or illness that results in death by en- work on the date the physician or
tering a check mark on the OSHA 300 other licensed health care professional
Log in the space for cases resulting in recommends that the employee return
death. You must also report any work- to work.
related fatality to OSHA within eight (iv) How do I count weekends, holidays,
(8) hours, as required by 1904.39. or other days the employee would not
(3) How do I record a work-related in- have worked anyway? You must count
jury or illness that results in days away the number of calendar days the em-
from work? When an injury or illness in- ployee was unable to work as a result
volves one or more days away from of the injury or illness, regardless of
work, you must record the injury or whether or not the employee was
illness on the OSHA 300 Log with a scheduled to work on those day(s).
check mark in the space for cases in- Weekend days, holidays, vacation days

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 1904.7 29 CFR Ch. XVII (7111 Edition)

or other days off are included in the jury or illness, you must estimate the
total number of days recorded if the total number of days away or days of
employee would not have been able to restriction/job transfer and enter the
work on those days because of a work- day count on the 300 Log.
related injury or illness. (ix) If a case occurs in one year but re-
(v) How do I record a case in which a sults in days away during the next cal-
worker is injured or becomes ill on a Fri- endar year, do I record the case in both
day and reports to work on a Monday, years? No, you only record the injury or
and was not scheduled to work on the illness once. You must enter the num-
weekend? You need to record this case ber of calendar days away for the in-
only if you receive information from a jury or illness on the OSHA 300 Log for
physician or other licensed health care the year in which the injury or illness
professional indicating that the em- occurred. If the employee is still away
ployee should not have worked, or from work because of the injury or ill-
should have performed only restricted ness when you prepare the annual sum-
work, during the weekend. If so, you mary, estimate the total number of
must record the injury or illness as a calendar days you expect the employee
case with days away from work or re- to be away from work, use this number
stricted work, and enter the day to calculate the total for the annual
counts, as appropriate. summary, and then update the initial
(vi) How do I record a case in which a log entry later when the day count is
worker is injured or becomes ill on the day known or reaches the 180-day cap.
before scheduled time off such as a holi- (4) How do I record a work-related in-
day, a planned vacation, or a temporary jury or illness that results in restricted
plant closing? You need to record a case work or job transfer? When an injury or
of this type only if you receive infor- illness involves restricted work or job
mation from a physician or other li- transfer but does not involve death or
censed health care professional indi-
days away from work, you must record
cating that the employee should not
the injury or illness on the OSHA 300
have worked, or should have performed
Log by placing a check mark in the
only restricted work, during the sched-
space for job transfer or restriction and
uled time off. If so, you must record
an entry of the number of restricted or
the injury or illness as a case with days
transferred days in the restricted
away from work or restricted work,
workdays column.
and enter the day counts, as appro-
priate. (i) How do I decide if the injury or ill-
(vii) Is there a limit to the number of ness resulted in restricted work? Re-
days away from work I must count? Yes, stricted work occurs when, as the re-
you may cap the total days away at sult of a work-related injury or illness:
180 calendar days. You are not required (A) You keep the employee from per-
to keep track of the number of cal- forming one or more of the routine
endar days away from work if the in- functions of his or her job, or from
jury or illness resulted in more than working the full workday that he or
180 calendar days away from work and/ she would otherwise have been sched-
or days of job transfer or restriction. In uled to work; or
such a case, entering 180 in the total (B) A physician or other licensed
days away column will be considered health care professional recommends
adequate. that the employee not perform one or
(viii) May I stop counting days if an more of the routine functions of his or
employee who is away from work because her job, or not work the full workday
of an injury or illness retires or leaves my that he or she would otherwise have
company? Yes, if the employee leaves been scheduled to work.
your company for some reason unre- (ii) What is meant by routine func-
lated to the injury or illness, such as tions? For recordkeeping purposes, an
retirement, a plant closing, or to take employees routine functions are those
another job, you may stop counting work activities the employee regularly
days away from work or days of re- performs at least once per week.
striction/job transfer. If the employee (iii) Do I have to record restricted work
leaves your company because of the in- or job transfer if it applies only to the day

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 Occupational Safety and Health Admin., Labor 1904.7

on which the injury occurred or the ill- his or her normally assigned work
ness began? No, you do not have to shift. If the answer to both of these
record restricted work or job transfers questions is Yes, then the case does
if you, or the physician or other li- not involve a work restriction and does
censed health care professional, impose not have to be recorded as such. If the
the restriction or transfer only for the answer to one or both of these ques-
day on which the injury occurred or tions is No, the case involves re-
the illness began. stricted work and must be recorded as
(iv) If you or a physician or other li- a restricted work case. If you are un-
censed health care professional rec- able to obtain this additional informa-
ommends a work restriction, is the injury tion from the physician or other li-
or illness automatically recordable as a censed health care professional who
restricted work case? No, a rec- recommended the restriction, record
ommended work restriction is record- the injury or illness as a case involving
able only if it affects one or more of restricted work.
the employees routine job functions. (viii) What do I do if a physician or
To determine whether this is the case, other licensed health care professional
you must evaluate the restriction in recommends a job restriction meeting
light of the routine functions of the in- OSHAs definition, but the employee does
jured or ill employees job. If the re- all of his or her routine job functions any-
striction from you or the physician or way? You must record the injury or ill-
other licensed health care professional ness on the OSHA 300 Log as a re-
keeps the employee from performing stricted work case. If a physician or
one or more of his or her routine job other licensed health care professional
functions, or from working the full recommends a job restriction, you
workday the injured or ill employee should ensure that the employee com-
would otherwise have worked, the em- plies with that restriction. If you re-
ployees work has been restricted and ceive recommendations from two or
you must record the case. more physicians or other licensed
(v) How do I record a case where the health care professionals, you may
worker works only for a partial work shift make a decision as to which rec-
because of a work-related injury or ill- ommendation is the most authori-
ness? A partial day of work is recorded tative, and record the case based upon
as a day of job transfer or restriction that recommendation.
for recordkeeping purposes, except for (ix) How do I decide if an injury or ill-
the day on which the injury occurred ness involved a transfer to another job? If
or the illness began. you assign an injured or ill employee
(vi) If the injured or ill worker produces to a job other than his or her regular
fewer goods or services than he or she job for part of the day, the case in-
would have produced prior to the injury volves transfer to another job. Note:
or illness but otherwise performs all of the This does not include the day on which
routine functions of his or her work, is the injury or illness occurred.
the case considered a restricted work case? (x) Are transfers to another job recorded
No, the case is considered restricted in the same way as restricted work cases?
work only if the worker does not per- Yes, both job transfer and restricted
form all of the routine functions of his work cases are recorded in the same
or her job or does not work the full box on the OSHA 300 Log. For example,
shift that he or she would otherwise if you assign, or a physician or other li-
have worked. censed health care professional rec-
(vii) How do I handle vague restrictions ommends that you assign, an injured
from a physician or other licensed health or ill worker to his or her routine job
care professional, such as that the em- duties for part of the day and to an-
ployee engage only in light duty or take other job for the rest of the day, the in-
it easy for a week? If you are not clear jury or illness involves a job transfer.
about the physician or other licensed You must record an injury or illness
health care professionals recommenda- that involves a job transfer by placing
tion, you may ask that person whether a check in the box for job transfer.
the employee can do all of his or her (xi) How do I count days of job transfer
routine job functions and work all of or restriction? You count days of job

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 1904.7 29 CFR Ch. XVII (7111 Edition)

transfer or restriction in the same way (B) Administering tetanus immuniza-

you count days away from work, using tions (other immunizations, such as
1904.7(b)(3)(i) to (viii), above. The only Hepatitis B vaccine or rabies vaccine,
difference is that, if you permanently are considered medical treatment);
assign the injured or ill employee to a (C) Cleaning, flushing or soaking
job that has been modified or perma- wounds on the surface of the skin;
nently changed in a manner that elimi- (D) Using wound coverings such as
nates the routine functions the em- bandages, Band-AidsTM, gauze pads,
ployee was restricted from performing, etc.; or using butterfly bandages or
you may stop the day count when the Steri-StripsTM (other wound closing de-
modification or change is made perma- vices such as sutures, staples, etc., are
nent. You must count at least one day considered medical treatment);
of restricted work or job transfer for (E) Using hot or cold therapy;
such cases. (F) Using any non-rigid means of sup-
(5) How do I record an injury or illness port, such as elastic bandages, wraps,
that involves medical treatment beyond non-rigid back belts, etc. (devices with
first aid? If a work-related injury or ill- rigid stays or other systems designed
ness results in medical treatment be- to immobilize parts of the body are
yond first aid, you must record it on considered medical treatment for rec-
the OSHA 300 Log. If the injury or ill- ordkeeping purposes);
ness did not involve death, one or more
(G) Using temporary immobilization
days away from work, one or more
devices while transporting an accident
days of restricted work, or one or more
victim (e.g., splints, slings, neck col-
days of job transfer, you enter a check
lars, back boards, etc.).
mark in the box for cases where the
employee received medical treatment (H) Drilling of a fingernail or toenail
but remained at work and was not to relieve pressure, or draining fluid
transferred or restricted. from a blister;
(i) What is the definition of medical (I) Using eye patches;
treatment? Medical treatment means (J) Removing foreign bodies from the
the management and care of a patient eye using only irrigation or a cotton
to combat disease or disorder. For the swab;
purposes of part 1904, medical treat- (K) Removing splinters or foreign
ment does not include: material from areas other than the eye
(A) Visits to a physician or other li- by irrigation, tweezers, cotton swabs or
censed health care professional solely other simple means;
for observation or counseling; (L) Using finger guards;
(B) The conduct of diagnostic proce- (M) Using massages (physical therapy
dures, such as x-rays and blood tests, or chiropractic treatment are consid-
including the administration of pre- ered medical treatment for record-
scription medications used solely for keeping purposes); or
diagnostic purposes (e.g., eye drops to (N) Drinking fluids for relief of heat
dilate pupils); or stress.
(C) First aid as defined in paragraph (iii) Are any other procedures included
(b)(5)(ii) of this section. in first aid? No, this is a complete list of
(ii) What is first aid? For the pur- all treatments considered first aid for
poses of part 1904, first aid means the part 1904 purposes.
following: (iv) Does the professional status of the
(A) Using a non-prescription medica- person providing the treatment have any
tion at nonprescription strength (for effect on what is considered first aid or
medications available in both prescrip- medical treatment? No, OSHA considers
tion and non-prescription form, a rec- the treatments listed in 1904.7(b)(5)(ii)
ommendation by a physician or other of this part to be first aid regardless of
licensed health care professional to use the professional status of the person
a non-prescription medication at pre- providing the treatment. Even when
scription strength is considered med- these treatments are provided by a
ical treatment for recordkeeping pur- physician or other licensed health care
poses); professional, they are considered first

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 Occupational Safety and Health Admin., Labor 1904.8

aid for the purposes of part 1904. Simi- restrictions are not recommended, or are
larly, OSHA considers treatment be- postponed, in a particular case.
yond first aid to be medical treatment
even when it is provided by someone 1904.8 Recording criteria for
other than a physician or other li- needlestick and sharps injuries.
censed health care professional. (a) Basic requirement. You must
(v) What if a physician or other li- record all work-related needlestick in-
censed health care professional rec- juries and cuts from sharp objects that
ommends medical treatment but the em- are contaminated with another per-
ployee does not follow the recommenda- sons blood or other potentially infec-
tion? If a physician or other licensed tious material (as defined by 29 CFR
health care professional recommends 1910.1030). You must enter the case on
medical treatment, you should encour- the OSHA 300 Log as an injury. To pro-
age the injured or ill employee to fol- tect the employees privacy, you may
low that recommendation. However, not enter the employees name on the
you must record the case even if the in- OSHA 300 Log (see the requirements for
jured or ill employee does not follow privacy cases in paragraphs 1904.29(b)(6)
the physician or other licensed health
through 1904.29(b)(9)).
care professionals recommendation.
(6) Is every work-related injury or ill- (b) Implementation(1) What does
ness case involving a loss of consciousness other potentially infectious material
recordable? Yes, you must record a mean? The term other potentially in-
work-related injury or illness if the fectious materials is defined in the
worker becomes unconscious, regard- OSHA Bloodborne Pathogens standard
less of the length of time the employee at 1910.1030(b). These materials in-
remains unconscious. clude:
(7) What is a significant diagnosed in- (i) Human bodily fluids, tissues and
jury or illness that is recordable under the organs, and
general criteria even if it does not result (ii) Other materials infected with the
in death, days away from work, restricted HIV or hepatitis B (HBV) virus such as
work or job transfer, medical treatment laboratory cultures or tissues from ex-
beyond first aid, or loss of consciousness? perimental animals.
Work-related cases involving cancer, (2) Does this mean that I must record all
chronic irreversible disease, a frac- cuts, lacerations, punctures, and scratch-
tured or cracked bone, or a punctured es? No, you need to record cuts, lacera-
eardrum must always be recorded tions, punctures, and scratches only if
under the general criteria at the time they are work-related and involve con-
of diagnosis by a physician or other li- tamination with another persons blood
censed health care professional. or other potentially infectious mate-
NOTE TO 1904.7: OSHA believes that most rial. If the cut, laceration, or scratch
significant injuries and illnesses will result involves a clean object, or a contami-
in one of the criteria listed in 1904.7(a): nant other than blood or other poten-
death, days away from work, restricted work
tially infectious material, you need to
or job transfer, medical treatment beyond
first aid, or loss of consciousness. However, record the case only if it meets one or
there are some significant injuries, such as a more of the recording criteria in
punctured eardrum or a fractured toe or rib, 1904.7.
for which neither medical treatment nor (3) If I record an injury and the em-
work restrictions may be recommended. In ployee is later diagnosed with an infec-
addition, there are some significant progres-
sive diseases, such as byssinosis, silicosis,
tious bloodborne disease, do I need to up-
and some types of cancer, for which medical date the OSHA 300 Log? Yes, you must
treatment or work restrictions may not be update the classification of the case on
recommended at the time of diagnosis but the OSHA 300 Log if the case results in
are likely to be recommended as the disease death, days away from work, restricted
progresses. OSHA believes that cancer, work, or job transfer. You must also
chronic irreversible diseases, fractured or
cracked bones, and punctured eardrums are
update the description to identify the
generally considered significant injuries and infectious disease and change the clas-
illnesses, and must be recorded at the initial sification of the case from an injury to
diagnosis even if medical treatment or work an illness.

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 1904.9 29 CFR Ch. XVII (7111 Edition)

(4) What if one of my employees is that the employee has experienced a

splashed or exposed to blood or other po- work-related Standard Threshold Shift
tentially infectious material without being (STS) in hearing in one or both ears,
cut or scratched? Do I need to record this and the employees total hearing level
incident? You need to record such an in- is 25 decibels (dB) or more above
cident on the OSHA 300 Log as an ill- audiometric zero (averaged at 2000,
ness if: 3000, and 4000 Hz) in the same ear(s) as
(i) It results in the diagnosis of a the STS, you must record the case on
bloodborne illness, such as HIV, hepa- the OSHA 300 Log.
titis B, or hepatitis C; or (b) Implementation(1) What is a
(ii) It meets one or more of the re- Standard Threshold Shift? A Standard
cording criteria in 1904.7. Threshold Shift, or STS, is defined in
the occupational noise exposure stand-
1904.9 Recording criteria for cases ard at 29 CFR 1910.95(g)(10)(i) as a
involving medical removal under change in hearing threshold, relative
OSHA standards. to the baseline audiogram for that em-
(a) Basic requirement. If an employee ployee, of an average of 10 decibels (dB)
is medically removed under the med- or more at 2000, 3000, and 4000 hertz (Hz)
ical surveillance requirements of an in one or both ears.
OSHA standard, you must record the (2) How do I evaluate the current
case on the OSHA 300 Log. audiogram to determine whether an em-
(b) Implementation(1) How do I clas- ployee has an STS and a 25dB hearing
sify medical removal cases on the OSHA level?(i) STS. If the employee has
300 Log? You must enter each medical never previously experienced a record-
removal case on the OSHA 300 Log as able hearing loss, you must compare
either a case involving days away from the employees current audiogram with
work or a case involving restricted that employees baseline audiogram. If
work activity, depending on how you the employee has previously experi-
decide to comply with the medical re- enced a recordable hearing loss, you
moval requirement. If the medical re- must compare the employees current
moval is the result of a chemical expo- audiogram with the employees revised
sure, you must enter the case on the baseline audiogram (the audiogram re-
OSHA 300 Log by checking the poi- flecting the employees previous re-
soning column. cordable hearing loss case).
(2) Do all of OSHAs standards have (ii) 25dB loss. Audiometric test re-
medical removal provisions? No, some sults reflect the employees overall
OSHA standards, such as the standards hearing ability in comparison to
covering bloodborne pathogens and audiometric zero. Therefore, using the
noise, do not have medical removal employees current audiogram, you
provisions. Many OSHA standards that must use the average hearing level at
cover specific chemical substances 2000, 3000, and 4000 Hz to determine
have medical removal provisions. whether or not the employees total
These standards include, but are not hearing level is 25 dB or more.
limited to, lead, cadmium, methylene (3) May I adjust the current audiogram
chloride, formaldehyde, and benzene. to reflect the effects of aging on hearing?
(3) Do I have to record a case where I Yes. When you are determining wheth-
voluntarily removed the employee from ex- er an STS has occurred, you may age
posure before the medical removal criteria adjust the employees current audio-
in an OSHA standard are met? No, if the gram results by using Tables F1 or F
case involves voluntary medical re- 2, as appropriate, in appendix F of 29
moval before the medical removal lev- CFR 1910.95. You may not use an age
els required by an OSHA standard, you adjustment when determining whether
do not need to record the case on the the employees total hearing level is 25
OSHA 300 Log. dB or more above audiometric zero.
(4) Do I have to record the hearing loss
1904.10 Recording criteria for cases if I am going to retest the employees
involving occupational hearing loss. hearing? No, if you retest the employ-
(a) Basic requirement. If an employ- ees hearing within 30 days of the first
ees hearing test (audiogram) reveals test, and the retest does not confirm

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 Occupational Safety and Health Admin., Labor 1904.29

the recordable STS, you are not re- result obtained at a pre-employment phys-
quired to record the hearing loss case ical? No, you do not have to record it
on the OSHA 300 Log. If the retest con- because the employee was not occupa-
firms the recordable STS, you must tionally exposed to a known case of ac-
record the hearing loss illness within tive tuberculosis in your workplace.
seven (7) calendar days of the retest. If (2) May I line-out or erase a recorded
subsequent audiometric testing per- TB case if I obtain evidence that the case
formed under the testing requirements was not caused by occupational exposure?
of the 1910.95 noise standard indicates Yes, you may line-out or erase the case
that an STS is not persistent, you may from the Log under the following cir-
erase or line-out the recorded entry. cumstances:
(5) Are there any special rules for deter- (i) The worker is living in a house-
mining whether a hearing loss case is hold with a person who has been diag-
work-related? No. You must use the nosed with active TB;
rules in 1904.5 to determine if the (ii) The Public Health Department
hearing loss is work-related. If an has identified the worker as a contact
event or exposure in the work environ- of an individual with a case of active
ment either caused or contributed to
TB unrelated to the workplace; or
the hearing loss, or significantly aggra-
(iii) A medical investigation shows
vated a pre-existing hearing loss, you
that the employees infection was
must consider the case to be work re-
lated. caused by exposure to TB away from
(6) If a physician or other licensed work, or proves that the case was not
health care professional determines the related to the workplace TB exposure.
hearing loss is not work-related, do I still
1904.131904.28 [Reserved]
need to record the case?
If a physician or other licensed 1904.29 Forms.
health care professional determines
that the hearing loss is not work-re- (a) Basic requirement. You must use
lated or has not been significantly ag- OSHA 300, 300A, and 301 forms, or
gravated by occupational noise expo- equivalent forms, for recordable inju-
sure, you are not required to consider ries and illnesses. The OSHA 300 form
the case work-related or to record the is called the Log of Work-Related Inju-
case on the OSHA 300 Log. ries and Illnesses, the 300A is the
(7) How do I complete the 300 Log for a Summary of Work-Related Injuries and
hearing loss case? When you enter a re- Illnesses, and the OSHA 301 form is
cordable hearing loss case on the OSHA called the Injury and Illness Incident
300 Log, you must check the 300 Log Report.
column for hearing loss. (b) Implementation(1) What do I need
(NOTE: 1904.10(b)(7) is effective beginning to do to complete the OSHA 300 Log? You
January 1, 2004.) must enter information about your
[67 FR 44047, July 1, 2002, as amended at 67 business at the top of the OSHA 300
FR 77170, Dec. 17, 2002] Log, enter a one or two line description
for each recordable injury or illness,
1904.11 Recording criteria for work- and summarize this information on the
related tuberculosis cases. OSHA 300A at the end of the year.
(a) Basic requirement. If any of your (2) What do I need to do to complete the
employees has been occupationally ex- OSHA 301 Incident Report? You must
posed to anyone with a known case of complete an OSHA 301 Incident Report
active tuberculosis (TB), and that em- form, or an equivalent form, for each
ployee subsequently develops a tuber- recordable injury or illness entered on
culosis infection, as evidenced by a the OSHA 300 Log.
positive skin test or diagnosis by a (3) How quickly must each injury or ill-
physician or other licensed health care ness be recorded? You must enter each
professional, you must record the case recordable injury or illness on the
on the OSHA 300 Log by checking the OSHA 300 Log and 301 Incident Report
respiratory condition column. within seven (7) calendar days of re-
(b) Implementation(1) Do I have to ceiving information that a recordable
record, on the Log, a positive TB skin test injury or illness has occurred.

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 1904.29 29 CFR Ch. XVII (7111 Edition)

(4) What is an equivalent form? An vacy concern cases for part 1904 pur-
equivalent form is one that has the poses.
same information, is as readable and (9) If I have removed the employees
understandable, and is completed using name, but still believe that the employee
the same instructions as the OSHA may be identified from the information on
form it replaces. Many employers use the forms, is there anything else that I
an insurance form instead of the OSHA can do to further protect the employees
301 Incident Report, or supplement an privacy? Yes, if you have a reasonable
insurance form by adding any addi- basis to believe that information de-
tional information required by OSHA. scribing the privacy concern case may
(5) May I keep my records on a com- be personally identifiable even though
puter? Yes, if the computer can produce the employees name has been omitted,
equivalent forms when they are needed, you may use discretion in describing
as described under 1904.35 and 1904.40, the injury or illness on both the OSHA
you may keep your records using the 300 and 301 forms. You must enter
computer system. enough information to identify the
(6) Are there situations where I do not cause of the incident and the general
put the employees name on the forms for severity of the injury or illness, but
privacy reasons? Yes, if you have a pri- you do not need to include details of an
vacy concern case, you may not enter intimate or private nature. For exam-
the employees name on the OSHA 300 ple, a sexual assault case could be de-
Log. Instead, enter privacy case in scribed as injury from assault, or an
the space normally used for the em- injury to a reproductive organ could be
ployees name. This will protect the described as lower abdominal injury.
privacy of the injured or ill employee (10) What must I do to protect employee
when another employee, a former em- privacy if I wish to provide access to the
ployee, or an authorized employee rep- OSHA Forms 300 and 301 to persons other
resentative is provided access to the than government representatives, employ-
OSHA 300 Log under 1904.35(b)(2). You ees, former employees or authorized rep-
must keep a separate, confidential list resentatives? If you decide to volun-
of the case numbers and employee tarily disclose the Forms to persons
names for your privacy concern cases other than government representa-
so you can update the cases and pro- tives, employees, former employees or
vide the information to the govern- authorized representatives (as required
ment if asked to do so. by 1904.35 and 1904.40), you must re-
(7) How do I determine if an injury or move or hide the employees names and
illness is a privacy concern case? You other personally identifying informa-
must consider the following injuries or tion, except for the following cases.
illnesses to be privacy concern cases: You may disclose the Forms with per-
(i) An injury or illness to an intimate sonally identifying information only:
body part or the reproductive system; (i) to an auditor or consultant hired
(ii) An injury or illness resulting by the employer to evaluate the safety
from a sexual assault; and health program;
(iii) Mental illnesses; (ii) to the extent necessary for proc-
(iv) HIV infection, hepatitis, or tu- essing a claim for workers compensa-
berculosis; tion or other insurance benefits; or
(v) Needlestick injuries and cuts (iii) to a public health authority or
from sharp objects that are contami- law enforcement agency for uses and
nated with another persons blood or disclosures for which consent, an au-
other potentially infectious material thorization, or opportunity to agree or
(see 1904.8 for definitions); and object is not required under Depart-
(vi) Other illnesses, if the employee ment of Health and Human Services
voluntarily requests that his or her Standards for Privacy of Individually
name not be entered on the log. Identifiable Health Information, 45
(8) May I classify any other types of in- CFR 164.512.
juries and illnesses as privacy concern [66 FR 6122, Jan. 19, 2001, as amended at 66
cases? No, this is a complete list of all FR 52034, Oct. 12, 2001; 67 FR 77170, Dec. 17,
injuries and illnesses considered pri- 2002; 68 FR 38607, June 30, 2003]

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 Occupational Safety and Health Admin., Labor 1904.31

Subpart DOther OSHA Injury and ments is injured or becomes ill while vis-
Illness Recordkeeping Re- iting or working at another of my estab-
quirements lishments, or while working away from
any of my establishments? If the injury
1904.30 Multiple business establish- or illness occurs at one of your estab-
ments. lishments, you must record the injury
(a) Basic requirement. You must keep or illness on the OSHA 300 Log of the
a separate OSHA 300 Log for each es- establishment at which the injury or
tablishment that is expected to be in illness occurred. If the employee is in-
operation for one year or longer. jured or becomes ill and is not at one of
(b) Implementation(1) Do I need to your establishments, you must record
keep OSHA injury and illness records for the case on the OSHA 300 Log at the es-
short-term establishments (i.e., establish- tablishment at which the employee
ments that will exist for less than a year)? normally works.
Yes, however, you do not have to keep
1904.31 Covered employees.
a separate OSHA 300 Log for each such
establishment. You may keep one (a) Basic requirement. You must
OSHA 300 Log that covers all of your record on the OSHA 300 Log the record-
short-term establishments. You may able injuries and illnesses of all em-
also include the short-term establish- ployees on your payroll, whether they
ments recordable injuries and illnesses are labor, executive, hourly, salary,
on an OSHA 300 Log that covers short- part-time, seasonal, or migrant work-
term establishments for individual ers. You also must record the record-
company divisions or geographic re- able injuries and illnesses that occur to
gions. employees who are not on your payroll
(2) May I keep the records for all of my if you supervise these employees on a
establishments at my headquarters loca- day-to-day basis. If your business is or-
tion or at some other central location? ganized as a sole proprietorship or
Yes, you may keep the records for an partnership, the owner or partners are
establishment at your headquarters or not considered employees for record-
other central location if you can: keeping purposes.
(i) Transmit information about the (b) Implementation(1) If a self-em-
injuries and illnesses from the estab- ployed person is injured or becomes ill
lishment to the central location within while doing work at my business, do I
seven (7) calendar days of receiving in- need to record the injury or illness? No,
formation that a recordable injury or self-employed individuals are not cov-
illness has occurred; and ered by the OSH Act or this regulation.
(ii) Produce and send the records (2) If I obtain employees from a tem-
from the central location to the estab- porary help service, employee leasing serv-
lishment within the time frames re- ice, or personnel supply service, do I have
quired by 1904.35 and 1904.40 when to record an injury or illness occurring to
you are required to provide records to one of those employees? You must record
a government representative, employ- these injuries and illnesses if you su-
ees, former employees or employee rep- pervise these employees on a day-to-
resentatives. day basis.
(3) Some of my employees work at sev- (3) If an employee in my establishment
eral different locations or do not work at is a contractors employee, must I record
any of my establishments at all. How do I an injury or illness occurring to that em-
record cases for these employees? You ployee? If the contractors employee is
must link each of your employees with under the day-to-day supervision of the
one of your establishments, for record- contractor, the contractor is respon-
keeping purposes. You must record the sible for recording the injury or illness.
injury and illness on the OSHA 300 Log If you supervise the contractor employ-
of the injured or ill employees estab- ees work on a day-to-day basis, you
lishment, or on an OSHA 300 Log that must record the injury or illness.
covers that employees short-term es- (4) Must the personnel supply service,
tablishment. temporary help service, employee leasing
(4) How do I record an injury or illness service, or contractor also record the inju-
when an employee of one of my establish- ries or illnesses occurring to temporary,

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 1904.32 29 CFR Ch. XVII (7111 Edition)

leased or contract employees that I super- (4) Who is considered a company execu-
vise on a day-to-day basis? No, you and tive? The company executive who cer-
the temporary help service, employee tifies the log must be one of the fol-
leasing service, personnel supply serv- lowing persons:
ice, or contractor should coordinate (i) An owner of the company (only if
your efforts to make sure that each in- the company is a sole proprietorship or
jury and illness is recorded only once: partnership);
either on your OSHA 300 Log (if you (ii) An officer of the corporation;
provide day-to-day supervision) or on (iii) The highest ranking company of-
the other employers OSHA 300 Log (if ficial working at the establishment; or
that company provides day-to-day su-
(iv) The immediate supervisor of the
pervision).
highest ranking company official
1904.32 Annual summary. working at the establishment.
(5) How do I post the annual summary?
(a) Basic requirement. At the end of
You must post a copy of the annual
each calendar year, you must:
(1) Review the OSHA 300 Log to summary in each establishment in a
verify that the entries are complete conspicuous place or places where no-
and accurate, and correct any defi- tices to employees are customarily
ciencies identified; posted. You must ensure that the post-
(2) Create an annual summary of in- ed annual summary is not altered, de-
juries and illnesses recorded on the faced or covered by other material.
OSHA 300 Log; (6) When do I have to post the annual
(3) Certify the summary; and summary? You must post the summary
(4) Post the annual summary. no later than February 1 of the year
(b) Implementation(1) How exten- following the year covered by the
sively do I have to review the OSHA 300 records and keep the posting in place
Log entries at the end of the year? You until April 30.
must review the entries as extensively
as necessary to make sure that they 1904.33 Retention and updating.
are complete and correct. (a) Basic requirement. You must save
(2) How do I complete the annual sum- the OSHA 300 Log, the privacy case list
mary? You must: (if one exists), the annual summary,
(i) Total the columns on the OSHA and the OSHA 301 Incident Report
300 Log (if you had no recordable cases, forms for five (5) years following the
enter zeros for each column total); and end of the calendar year that these
(ii) Enter the calendar year covered, records cover.
the companys name, establishment
(b) Implementation(1) Do I have to
name, establishment address, annual
update the OSHA 300 Log during the five-
average number of employees covered
year storage period? Yes, during the
by the OSHA 300 Log, and the total
storage period, you must update your
hours worked by all employees covered
by the OSHA 300 Log. stored OSHA 300 Logs to include newly
(iii) If you are using an equivalent discovered recordable injuries or ill-
form other than the OSHA 300-A sum- nesses and to show any changes that
mary form, as permitted under have occurred in the classification of
1904.6(b)(4), the summary you use previously recorded injuries and ill-
must also include the employee access nesses. If the description or outcome of
and employer penalty statements a case changes, you must remove or
found on the OSHA 300-A Summary line out the original entry and enter
form. the new information.
(3) How do I certify the annual sum- (2) Do I have to update the annual sum-
mary? A company executive must cer- mary? No, you are not required to up-
tify that he or she has examined the date the annual summary, but you may
OSHA 300 Log and that he or she rea- do so if you wish.
sonably believes, based on his or her (3) Do I have to update the OSHA 301
knowledge of the process by which the Incident Reports? No, you are not re-
information was recorded, that the an- quired to update the OSHA 301 Incident
nual summary is correct and complete. Reports, but you may do so if you wish.

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 Occupational Safety and Health Admin., Labor 1904.35

1904.34 Change in business owner- (iii) If an employee or representative

ship. asks for access to the OSHA 300 Log,
If your business changes ownership, when do I have to provide it? When an
you are responsible for recording and employee, former employee, personal
reporting work-related injuries and ill- representative, or authorized employee
nesses only for that period of the year representative asks for copies of your
during which you owned the establish- current or stored OSHA 300 Log(s) for
ment. You must transfer the part 1904 an establishment the employee or
records to the new owner. The new former employee has worked in, you
owner must save all records of the es- must give the requester a copy of the
tablishment kept by the prior owner, relevant OSHA 300 Log(s) by the end of
as required by 1904.33 of this Part, but the next business day.
need not update or correct the records (iv) May I remove the names of the em-
of the prior owner. ployees or any other information from the
OSHA 300 Log before I give copies to an
1904.35 Employee involvement. employee, former employee, or employee
(a) Basic requirement. Your employees representative? No, you must leave the
and their representatives must be in- names on the 300 Log. However, to pro-
volved in the recordkeeping system in tect the privacy of injured and ill em-
several ways. ployees, you may not record the em-
(1) You must inform each employee ployees name on the OSHA 300 Log for
of how he or she is to report an injury certain privacy concern cases, as
or illness to you. specified in paragraphs 1904.29(b)(6)
(2) You must provide limited access through 1904.29(b)(9).
to your injury and illness records for (v) If an employee or representative
your employees and their representa- asks for access to the OSHA 301 Incident
tives. Report, when do I have to provide it? (A)
(b) Implementation(1) What must I do When an employee, former employee,
to make sure that employees report work- or personal representative asks for a
related injuries and illnesses to me? (i) copy of the OSHA 301 Incident Report
You must set up a way for employees describing an injury or illness to that
to report work-related injuries and ill- employee or former employee, you
nesses promptly; and must give the requester a copy of the
(ii) You must tell each employee how OSHA 301 Incident Report containing
to report work-related injuries and ill- that information by the end of the next
nesses to you. business day.
(2) Do I have to give my employees and (B) When an authorized employee
their representatives access to the OSHA representative asks for a copies of the
injury and illness records? Yes, your em- OSHA 301 Incident Reports for an es-
ployees, former employees, their per- tablishment where the agent rep-
sonal representatives, and their au- resents employees under a collective
thorized employee representatives have bargaining agreement, you must give
the right to access the OSHA injury copies of those forms to the authorized
and illness records, with some limita- employee representative within 7 cal-
tions, as discussed below. endar days. You are only required to
(i) Who is an authorized employee rep- give the authorized employee rep-
resentative? An authorized employee resentative information from the
representative is an authorized collec- OSHA 301 Incident Report section ti-
tive bargaining agent of employees. tled Tell us about the case. You must
(ii) Who is a personal representative remove all other information from the
of an employee or former employee? A copy of the OSHA 301 Incident Report
personal representative is: or the equivalent substitute form that
(A) Any person that the employee or you give to the authorized employee
former employee designates as such, in representative.
writing; or (vi) May I charge for the copies? No,
(B) The legal representative of a de- you may not charge for these copies
ceased or legally incapacitated em- the first time they are provided. How-
ployee or former employee. ever, if one of the designated persons

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 1904.36 29 CFR Ch. XVII (7111 Edition)

asks for additional copies, you may as- (5) A State Plan State may only
sess a reasonable charge for retrieving grant an injury and illness recording
and copying the records. and reporting variance to a State or
local government employer within the
1904.36 Prohibition against discrimi- State after obtaining approval to grant
nation. the variance from Federal OSHA.
Section 11(c) of the Act prohibits you
from discriminating against an em- 1904.38 Variances from the record-
ployee for reporting a work-related fa- keeping rule.
tality, injury or illness. That provision (a) Basic requirement. If you wish to
of the Act also protects the employee keep records in a different manner
who files a safety and health com- from the manner prescribed by the part
plaint, asks for access to the part 1904 1904 regulations, you may submit a
records, or otherwise exercises any variance petition to the Assistant Sec-
rights afforded by the OSH Act. retary of Labor for Occupational Safe-
1904.37 State recordkeeping regula- ty and Health, U.S. Department of
tions. Labor, Washington, DC 20210. You can
obtain a variance only if you can show
(a) Basic requirement. Some States op-
that your alternative recordkeeping
erate their own OSHA programs, under
system:
the authority of a State Plan approved
by OSHA. States operating OSHA-ap- (1) Collects the same information as
proved State Plans must have occupa- this part requires;
tional injury and illness recording and (2) Meets the purposes of the Act; and
reporting requirements that are sub- (3) Does not interfere with the ad-
stantially identical to the require- ministration of the Act.
ments in this part (see 29 CFR 1902.3(k), (b) Implementation(1) What do I need
29 CFR 1952.4 and 29 CFR 1956.10(i)). to include in my variance petition? You
(b) Implementation. (1) State-Plan must include the following items in
States must have the same require- your petition:
ments as Federal OSHA for deter- (i) Your name and address;
mining which injuries and illnesses are (ii) A list of the State(s) where the
recordable and how they are recorded. variance would be used;
(2) For other part 1904 provisions (for (iii) The address(es) of the business
example, industry exemptions, report- establishment(s) involved;
ing of fatalities and hospitalizations, (iv) A description of why you are
record retention, or employee involve- seeking a variance;
ment), State-Plan State requirements
(v) A description of the different rec-
may be more stringent than or supple-
ordkeeping procedures you propose to
mental to the Federal requirements,
use;
but because of the unique nature of the
national recordkeeping program, (vi) A description of how your pro-
States must consult with and obtain posed procedures will collect the same
approval of any such requirements. information as would be collected by
(3) Although State and local govern- this part and achieve the purpose of
ment employees are not covered Feder- the Act; and
ally, all State-Plan States must pro- (vii) A statement that you have in-
vide coverage, and must develop injury formed your employees of the petition
and illness statistics, for these work- by giving them or their authorized rep-
ers. State Plan recording and reporting resentative a copy of the petition and
requirements for State and local gov- by posting a statement summarizing
ernment entities may differ from those the petition in the same way as notices
for the private sector but must meet are posted under 1903.2(a).
the requirements of paragraphs (2) How will the Assistant Secretary
1904.37(b)(1) and (b)(2). handle my variance petition? The Assist-
(4) A State-Plan State may not issue ant Secretary will take the following
a variance to a private sector employer steps to process your variance petition.
and must recognize all variances issued (i) The Assistant Secretary will offer
by Federal OSHA. your employees and their authorized

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 Occupational Safety and Health Admin., Labor 1904.39

representatives an opportunity to sub- ing a variance will follow the same

mit written data, views, and arguments process as OSHA uses for reviewing
about your variance petition. variance petitions, as outlined in para-
(ii) The Assistant Secretary may graph 1904.38(b)(2). Except in cases of
allow the public to comment on your willfulness or where necessary for pub-
variance petition by publishing the pe- lic safety, the Assistant Secretary will:
tition in the FEDERAL REGISTER. If the (i) Notify you in writing of the facts
petition is published, the notice will es- or conduct that may warrant revoca-
tablish a public comment period and tion of your variance; and
may include a schedule for a public (ii) Provide you, your employees, and
meeting on the petition. authorized employee representatives
(iii) After reviewing your variance with an opportunity to participate in
petition and any comments from your the revocation procedures.
employees and the public, the Assist-
ant Secretary will decide whether or Subpart EReporting Fatality, In-
not your proposed recordkeeping proce- jury and Illness Information to
dures will meet the purposes of the the Government
Act, will not otherwise interfere with
the Act, and will provide the same in- 1904.39 Reporting fatalities and mul-
formation as the part 1904 regulations tiple hospitalization incidents to
provide. If your procedures meet these OSHA.
criteria, the Assistant Secretary may (a) Basic requirement. Within eight (8)
grant the variance subject to such con- hours after the death of any employee
ditions as he or she finds appropriate. from a work-related incident or the in-
(iv) If the Assistant Secretary grants patient hospitalization of three or
your variance petition, OSHA will pub- more employees as a result of a work-
lish a notice in the FEDERAL REGISTER related incident, you must orally re-
to announce the variance. The notice port the fatality/multiple hospitaliza-
will include the practices the variance tion by telephone or in person to the
allows you to use, any conditions that Area Office of the Occupational Safety
apply, and the reasons for allowing the and Health Administration (OSHA),
variance. U.S. Department of Labor, that is near-
(3) If I apply for a variance, may I use est to the site of the incident. You may
my proposed recordkeeping procedures also use the OSHA toll-free central
while the Assistant Secretary is processing telephone number, 1800321OSHA (1
the variance petition? No, alternative 8003216742).
recordkeeping practices are only al- (b) Implementation(1) If the Area Of-
lowed after the variance is approved. fice is closed, may I report the incident by
You must comply with the part 1904 leaving a message on OSHAs answering
regulations while the Assistant Sec- machine, faxing the area office, or send-
retary is reviewing your variance peti- ing an e-mail? No, if you cant talk to a
tion. person at the Area Office, you must re-
(4) If I have already been cited by port the fatality or multiple hos-
OSHA for not following the part 1904 reg- pitalization incident using the 800
ulations, will my variance petition have number.
any effect on the citation and penalty? (2) What information do I need to give
No, in addition, the Assistant Sec- to OSHA about the incident? You must
retary may elect not to review your give OSHA the following information
variance petition if it includes an ele- for each fatality or multiple hos-
ment for which you have been cited pitalization incident:
and the citation is still under review (i) The establishment name;
by a court, an Administrative Law (ii) The location of the incident;
Judge (ALJ), or the OSH Review Com- (iii) The time of the incident;
mission. (iv) The number of fatalities or hos-
(5) If I receive a variance, may the As- pitalized employees;
sistant Secretary revoke the variance at a (v) The names of any injured employ-
later date? Yes, the Assistant Secretary ees;
may revoke your variance if he or she (vi) Your contact person and his or
has good cause. The procedures revok- her phone number; and

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 1904.40 29 CFR Ch. XVII (7111 Edition)

(vii) A brief description of the inci- ernment representatives authorized to

dent. receive the records are:
(3) Do I have to report every fatality or (i) A representative of the Secretary
multiple hospitalization incident resulting of Labor conducting an inspection or
from a motor vehicle accident? No, you do investigation under the Act;
not have to report all of these inci- (ii) A representative of the Secretary
dents. If the motor vehicle accident oc- of Health and Human Services (includ-
curs on a public street or highway, and ing the National Institute for Occupa-
does not occur in a construction work tional Safety and HealthNIOSH) con-
zone, you do not have to report the in- ducting an investigation under section
cident to OSHA. However, these inju- 20(b) of the Act, or
ries must be recorded on your OSHA (iii) A representative of a State agen-
injury and illness records, if you are re- cy responsible for administering a
quired to keep such records. State plan approved under section 18 of
(4) Do I have to report a fatality or mul- the Act.
tiple hospitalization incident that occurs (2) Do I have to produce the records
on a commercial or public transportation within four (4) hours if my records are
system? No, you do not have to call kept at a location in a different time zone?
OSHA to report a fatality or multiple OSHA will consider your response to be
hospitalization incident if it involves a timely if you give the records to the
commercial airplane, train, subway or government representative within four
bus accident. However, these injuries (4) business hours of the request. If you
must be recorded on your OSHA injury maintain the records at a location in a
and illness records, if you are required different time zone, you may use the
to keep such records. business hours of the establishment at
(5) Do I have to report a fatality caused which the records are located when cal-
by a heart attack at work? Yes, your culating the deadline.
local OSHA Area Office director will
decide whether to investigate the inci- 1904.41 Annual OSHA injury and ill-
dent, depending on the circumstances ness survey of ten or more employ-
of the heart attack. ers.
(6) Do I have to report a fatality or hos- (a) Basic requirement. If you receive
pitalization that occurs long after the in- OSHAs annual survey form, you must
cident? No, you must only report each fill it out and send it to OSHA or
fatality or multiple hospitalization in- OSHAs designee, as stated on the sur-
cident that occurs within thirty (30) vey form. You must report the fol-
days of an incident. lowing information for the year de-
(7) What if I dont learn about an inci- scribed on the form:
dent right away? If you do not learn of (1) the number of workers you em-
a reportable incident at the time it oc- ployed;
curs and the incident would otherwise (2) the number of hours worked by
be reportable under paragraphs (a) and your employees; and
(b) of this section, you must make the (3) the requested information from
report within eight (8) hours of the the records that you keep under part
time the incident is reported to you or 1904.
to any of your agent(s) or employee(s). (b) Implementation(1) Does every em-
ployer have to send data to OSHA? No,
1904.40 Providing records to govern- each year, OSHA sends injury and ill-
ment representatives. ness survey forms to employers in cer-
(a) Basic requirement. When an au- tain industries. In any year, some em-
thorized government representative ployers will receive an OSHA survey
asks for the records you keep under form and others will not. You do not
part 1904, you must provide copies of have to send injury and illness data to
the records within four (4) business OSHA unless you receive a survey
hours. form.
(b) Implementation(1) What govern- (2) How quickly do I need to respond to
ment representatives have the right to get an OSHA survey form? You must send
copies of my part 1904 records? The gov- the survey reports to OSHA, or OSHAs

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 Occupational Safety and Health Admin., Labor 1904.43

designee, by mail or other means de- structions contained on the survey

scribed in the survey form, within 30 form.
calendar days, or by the date stated in (3) Do I have to respond to a BLS sur-
the survey form, whichever is later. vey form if I am normally exempt from
(3) Do I have to respond to an OSHA keeping OSHA injury and illness records?
survey form if I am normally exempt from Yes, even if you are exempt from keep-
keeping OSHA injury and illness records? ing injury and illness records under
Yes, even if you are exempt from keep- 1904.1 to 1904.3, the BLS may inform
ing injury and illness records under you in writing that it will be collecting
1904.1 to 1904.3, OSHA may inform injury and illness information from
you in writing that it will be collecting you in the coming year. If you receive
injury and illness information from such a letter, you must keep the injury
you in the following year. If you re- and illness records required by 1904.5
ceive such a letter, you must keep the to 1904.15 and make a survey report
injury and illness records required by for the year covered by the survey.
1904.5 to 1904.15 and make a survey (4) Do I have to answer the BLS survey
report for the year covered by the sur- form if I am located in a State-Plan State?
vey. Yes, all employers who receive a sur-
(4) Do I have to answer the OSHA sur- vey form must respond to the survey,
vey form if I am located in a State-Plan even those in State-Plan States.
State? Yes, all employers who receive
survey forms must respond to the sur- Subpart FTransition From the
vey, even those in State-Plan States.
(5) Does this section affect OSHAs au-
Former Rule
thority to inspect my workplace? No, 1904.43 Summary and posting of the
nothing in this section affects OSHAs 2001 data.
statutory authority to investigate con-
ditions related to occupational safety (a) Basic requirement. If you were re-
and health. quired to keep OSHA 200 Logs in 2001,
you must post a 2000 annual summary
1904.42 Requests from the Bureau of from the OSHA 200 Log of occupational
Labor Statistics for data. injuries and illnesses for each estab-
(a) Basic requirement. If you receive a lishment.
Survey of Occupational Injuries and (b) Implementation(1) What do I have
Illnesses Form from the Bureau of to include in the summary? (i) You must
Labor Statistics (BLS), or a BLS des- include a copy of the totals from the
ignee, you must promptly complete the 2001 OSHA 200 Log and the following
form and return it following the in- information from that form:
structions contained on the survey (A) The calendar year covered;
form. (B) Your company name;
(b) Implementation(1) Does every em- (C) The name and address of the es-
ployer have to send data to the BLS? No, tablishment; and
each year, the BLS sends injury and (D) The certification signature, title
illness survey forms to randomly se- and date.
lected employers and uses the informa- (ii) If no injuries or illnesses occurred
tion to create the Nations occupa- at your establishment in 2001, you
tional injury and illness statistics. In must enter zeros on the totals line and
any year, some employers will receive post the 2001 summary.
a BLS survey form and others will not. (2) When am I required to summarize
You do not have to send injury and ill- and post the 2001 information? (i) You
ness data to the BLS unless you re- must complete the summary by Feb-
ceive a survey form. ruary 1, 2002; and
(2) If I get a survey form from the BLS, (ii) You must post a copy of the sum-
what do I have to do? If you receive a mary in each establishment in a con-
Survey of Occupational Injuries and spicuous place or places where notices
Illnesses Form from the Bureau of to employees are customarily posted.
Labor Statistics (BLS), or a BLS des- You must ensure that the summary is
ignee, you must promptly complete the not altered, defaced or covered by
form and return it, following the in- other material.

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 1904.44 29 CFR Ch. XVII (7111 Edition)

(3) You must post the 2001 summary single location to be separate estab-
from February 1, 2002 to March 1, 2002. lishments. An employer may divide one
location into two or more establish-
1904.44 Retention and updating of ments only when:
old forms. (i) Each of the establishments rep-
You must save your copies of the resents a distinctly separate business;
OSHA 200 and 101 forms for five years (ii) Each business is engaged in a dif-
following the year to which they relate ferent economic activity;
and continue to provide access to the (iii) No one industry description in
data as though these forms were the the Standard Industrial Classification
OSHA 300 and 301 forms. You are not Manual (1987) applies to the joint ac-
required to update your old 200 and 101 tivities of the establishments; and
forms. (iv) Separate reports are routinely
1904.45 OMB control numbers under prepared for each establishment on the
the Paperwork Reduction Act number of employees, their wages and
salaries, sales or receipts, and other
The following sections each contain a business information. For example, if
collection of information requirement an employer operates a construction
which has been approved by the Office company at the same location as a
of Management and Budget under the lumber yard, the employer may con-
control number listed sider each business to be a separate es-
OMB Con- tablishment.
29 CFR citation trol No. (2) Can an establishment include more
1904.435 ............................................................ 12180176 than one physical location? Yes, but only
1904.3941 .......................................................... 12180176 under certain conditions. An employer
1904.42 ................................................................ 12200045 may combine two or more physical lo-
1904.4344 .......................................................... 12180176
cations into a single establishment
only when:
Subpart GDefinitions (i) The employer operates the loca-
tions as a single business operation
1904.46 Definitions. under common management;
The Act. The Act means the Occupa- (ii) The locations are all located in
tional Safety and Health Act of 1970 (29 close proximity to each other; and
U.S.C. 651 et seq.). The definitions con- (iii) The employer keeps one set of
tained in section 3 of the Act (29 U.S.C. business records for the locations, such
652) and related interpretations apply as records on the number of employees,
to such terms when used in this part their wages and salaries, sales or re-
1904. ceipts, and other kinds of business in-
Establishment. An establishment is a formation. For example, one manufac-
single physical location where business turing establishment might include the
is conducted or where services or in- main plant, a warehouse a few blocks
dustrial operations are performed. For away, and an administrative services
activities where employees do not work building across the street.
at a single physical location, such as (3) If an employee telecommutes from
construction; transportation; commu- home, is his or her home considered a sep-
nications, electric, gas and sanitary arate establishment? No, for employees
services; and similar operations, the es- who telecommute from home, the em-
tablishment is represented by main or ployees home is not a business estab-
branch offices, terminals, stations, etc. lishment and a separate 300 Log is not
that either supervise such activities or required. Employees who telecommute
are the base from which personnel must be linked to one of your estab-
carry out these activities. lishments under 1904.30(b)(3).
(1) Can one business location include Injury or illness. An injury or illness
two or more establishments? Normally, is an abnormal condition or disorder.
one business location has only one es- Injuries include cases such as, but not
tablishment. Under limited conditions, limited to, a cut, fracture, sprain, or
the employer may consider two or amputation. Illnesses include both
more separate businesses that share a acute and chronic illnesses, such as,

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 Occupational Safety and Health Admin., Labor 1905.2

but not limited to, a skin disease, res- 1905.21 Manner of service.
piratory disorder, or poisoning. (Note: 1905.22 Hearing examiners; powers and du-
Injuries and illnesses are recordable ties.
only if they are new, work-related 1905.23 Prehearing conferences.
1905.24 Consent findings and rules or orders.
cases that meet one or more of the part
1905.25 Discovery.
1904 recording criteria.) 1905.26 Hearings.
Physician or Other Licensed Health 1905.27 Decisions of hearing examiners.
Care Professional. A physician or other 1905.28 Exceptions.
licensed health care professional is an 1905.29 Transmission of record.
individual whose legally permitted 1905.30 Decision of the Assistant Secretary.
scope of practice (i.e., license, registra-
tion, or certification) allows him or her Subpart DSummary Decisions
to independently perform, or be dele-
1905.40 Motion for summary decision.
gated the responsibility to perform, the 1905.41 Summary decision.
activities described by this regulation.
You. You means an employer as de- Subpart EEffect of Initial Decisions
fined in section 3 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 1905.50 Effect of appeal of a hearing exam-
652). iners decision.
1905.51 Finality for purposes of judicial re-
view.
PART 1905RULES OF PRACTICE
AUTHORITY: Secs. 6, 8, 16, Occupational
FOR VARIANCES, LIMITATIONS, Safety and Health Act of 1970 (29 U.S.C. 655,
VARIATIONS, TOLERANCES, AND 657, 665), Secretary of Labors Order No. 1271
EXEMPTIONS UNDER THE WIL- (36 FR 8754), 876 (41 FR 25059), or 983 (48 FR
LIAMS-STEIGER OCCUPATIONAL 35736) as applicable.
SAFETY AND HEALTH ACT OF SOURCE: 36 FR 12290, June 30, 1971, unless
1970 otherwise noted.

Subpart AGeneral Subpart AGeneral

Sec. 1905.1 Purpose and scope.
1905.1 Purpose and scope.
1905.2 Definitions. (a) This part contains rules of prac-
1905.3 Petitions for amendments to this tice for administrative proceedings
part. (1) To grant variances and other re-
1905.4 Amendments to this part. lief under sections 6(b)(6)(A) and 6(d) of
1905.5 Effect of variances.
1905.6 Public notice of a granted variance,
the Williams-Steiger Occupational
limitation, variation, tolerance, or ex- Safety and Health Act of 1970, and
emption. (2) To provide limitations, variations,
1905.7 Form of documents; subscription; tolerances, and exemptions under sec-
copies. tion 16 of the Act.
(b) These rules shall be construed to
Subpart BApplications for Variances, secure a prompt and just conclusion of
Limitations, Variations, Tolerances, Ex- proceedings subject thereto.
emptions and Other Relief (c) The rules of practice in this part
1905.10 Variances and other relief under sec- do not apply to the granting of
tion 6(b)(6)(A). variances under section 6(b)(6)(C).
1905.11 Variances and other relief under sec- Whenever appropriate, the procedure
tion 6(d). for granting such a variance shall be
1905.12 Limitations, variations, tolerances, published in the FEDERAL REGISTER.
or exemptions under section 16.
1905.13 Modification, revocation, and re- 1905.2 Definitions.
newal of rules or orders.
1905.14 Action on applications. As used in this part, unless the con-
1905.15 Requests for hearings on applica- text clearly requires otherwise
tions. (a) Act means the Williams-Steiger
1905.16 Consolidation of proceedings. Occupational Safety and Health Act of
1970.
Subpart CHearings
(b) Secretary means the Secretary of
1905.20 Notice of hearing. Labor.

65

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