- Standard Number:
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
December 20, 1991
Mr. Ronald W. Krivan, CSP
Assistant Project Scientist
701 Alpha Drive
P.O. Box 38310
Pittsburgh, PA 15238-8310
Dear Mr. Krivan:
Thank you for your letter of January 16, concerning where the Occupational Safety and Health Administration (OSHA) 200 Form needs to be maintained. I apologize for the delay in responding to your inquiry.
As addressed in the enclosed Recordkeeping Guidelines for Occupational Injuries and Illnesses, 1986, on page 21, question B-4; "Generally, any operation at a given site for more than 1 year is considered a fixed establishment." Records for employees working at fixed locations should be kept at the work location. A location exemption is addressed in 29 CFR 1904.2 Log and Summary of Occupational Injuries and Illnesses:
(b) Any employer may maintain the log of occupational injuries and illnesses at a place other than the establishment or by means of data-processing equipment, or both, under the following circumstances:
(1) There is available at the place where the log is maintained sufficient information to complete the log to a date within 6 working days after receiving information that a recordable case has occurred, as required by paragraph (a) of this section.
(2) At each of the employer's establishments, there is available a copy of the log which reflects separately the injury and illness experience of that establishment complete and current to a date within 45 calendar days.
Therefore, a copy of the log updated to within 45 calendar days must be present at the fixed site. In this regard, facsimile machine access and overnight mail would not meet the requirement for the records to be "immediately available."
Any site of less than 1 year should be treated as a non-fixed establishment. Section B-2 of the same page addresses this situation. It states;
a. Records may be kept at the field office or mobile base of operations.
b. Records may also be kept at an established central location. If the records are kept centrally: (1) The address and telephone number of the place where the records are kept must be available at the worksite; and (2) there must be someone available at the central location during normal business hours to provide information from the records."
Also, applicable to employees with non-fixed worksites is question B-9 of page 15; "During the posting period, employers are required to present or mail a copy of the annual summary to employees with no fixed worksite."
If we can be of further assistance, please contact Roy F. Gurnham or Dale Cavanaugh of my staff in the office of Construction and Maritime Compliance Assistance at (202) 523-8136.
Patricia K. Clark, Director
Directorate of Compliance Programs