1904.35 - Employee involvement. | Occupational Safety and Health Administration

Part Number:
1904
Part Number Title:
Recording and Reporting Occupational Injuries and Illness
Subpart:
1904 Subpart D
Subpart Title:
Other OSHA injury and Illness Recordkeeping Requirements
Standard Number:
1904.35
Title:
Employee involvement.
GPO Source:
e-CFR

1904.35(a)

Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in several ways.

1904.35(a)(1)

You must inform each employee of how he or she is to report a work-related injury or illness to you.

1904.35(a)(2)

You must provide employees with the information described in paragraph (b)(1)(iii) of this section.

1904.35(a)(3)

You must provide access to your injury and illness records for your employees and their representatives as described in paragraph (b)(2) of this section.

1904.35(b)

Implementation.

1904.35(b)(1)

What must I do to make sure that employees report work-related injuries and illnesses to me?

1904.35(b)(1)(i)

You must establish a reasonable procedure for employees to report workrelated injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness;

1904.35(b)(1)(ii)

You must inform each employee of your procedure for reporting workrelated injuries and illnesses;

1904.35(b)(1)(iii)

You must inform each employee that:

1904.35(b)(1)(iii)(A)

Employees have the right to report work-related injuries and illnesses; and

1904.35(b)(1)(iii)(B)

Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses; and

1904.35(b)(1)(iv)

You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.

1904.35(b)(2)

Do I have to give my employees and their representatives access to the OSHA injury and illness records? Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations, as discussed below.

1904.35(b)(2)(i)

Who is an authorized employee representative? An authorized employee representative is an authorized collective bargaining agent of employees.

1904.35(b)(2)(ii)

Who is a "personal representative" of an employee or former employee? A personal representative is:

1904.35(b)(2)(ii)(A)

Any person that the employee or former employee designates as such, in writing; or

1904.35(b)(2)(ii)(B)

The legal representative of a deceased or legally incapacitated employee or former employee.

1904.35(b)(2)(iii)

If an employee or representative asks for access to the OSHA 300 Log, when do I have to provide it? When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant OSHA 300 Log(s) by the end of the next business day.

1904.35(b)(2)(iv)

May I remove the names of the employees or any other information from the OSHA 300 Log before I give copies to an employee, former employee, or employee representative? No, you must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in § 1904.29(b)(6) through (9).

1904.35(b)(2)(v)

If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it?

1904.35(b)(2)(v)(A)

When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA 301 Incident Report containing that information by the end of the next business day.

1904.35(b)(2)(v)(B)

When an authorized employee representative asks for copies of the OSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days. You are only required to give the authorized employee representative information from the OSHA 301 Incident Report section titled "Tell us about the case." You must remove all other information from the copy of the OSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative.

1904.35(b)(2)(vi)

May I charge for the copies? "No, you may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records."

[66 FR 6132, Jan. 19, 2001; 81 FR 29691-29692, May 12, 2016; 81 FR 31854-31855, May 20, 2016; 81 FR 91810 Dec 19, 2016; 82 FR 20549 May 3, 2017]