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OSHA's Recordkeeping Rule

New reporting requirements starting January 1, 2015

New FAQs, February 19, 2015

The list of partially exempt industries is based on 2007 NAICS codes. Under that coding system, restaurants are classified as NAICS 7221, Full–Service Restaurants, or NAICS 7222, Limited-Service Eating Places. Both of these industries are included in Appendix A to Subpart B of the Part 1904 regulation. The fact that these industries are now classified in 2012 NAICS 7225, Restaurants and Other Eating Places, does not change their partially exempt status.

Loss of an eye is the physical removal of the eye. This includes enucleation and evisceration.

No. Loss of sight without the physical removal of the eye is not reportable under the requirements of section 1904.39. However, a case involving loss of sight that results in the in-patient hospitalization of the worker within 24 hours of the work-related incident is reportable.

If and when there is a health care professional's diagnosis available, the employer should rely on that diagnosis. If the diagnosis is avulsion, the event does not need to be reported. If the diagnosis is amputation, the event must be reported. If there is no available diagnosis by a health care professional, the employer should rely on the definition and examples of amputation included in the regulatory text of section 1904.39. Examples of avulsion that do not need to be reported include deglovings, scalpings, fingernail and toenail avulsions, eyelid avulsions, tooth avulsions, and severed ears. Remember, employers are required to report amputations to OSHA when they learn that the reportable event occurred. The employer must report the event when he or she has information that the injury is a work-related amputation.

No, the injured worker must be formally admitted to the in-patient service of the hospital to be a reportable event.

To be reportable, the in-patient hospitalization must occur within 24 hours of the work-related incident that injured or made the employee ill. Scheduled surgeries that occur beyond this 24 hour period are not reportable to OSHA.

Similar to the requirements in section 1904.31 for recording injuries and illnesses, the employer that provides the day-to-day supervision of the worker must report to OSHA any work-related incident resulting in a fatality, in-patient hospitalization, amputation or loss of an eye.

OSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment. An overnight stay does not determine whether the case is reportable or not.

Yes. A work-related in-patient hospitalization involving any treatment needs to be reported to OSHA. The reporting requirement in the regulatory text of section 1904.39 does not limit care or treatment to “medical treatment beyond first aid.”

See FAQs on the new list of industries exempt from maintaining OSHA records.

You must report the following to OSHA:

  1. Any employee fatality as a result of a work-related incident.
  2. Any in-patient hospitalization of one or more employees as a result of a work-related incident.
  3. Any employee amputation as a result of a work-related incident.
  4. Any employee loss of an eye as a result of a work-related incident.

If a fatality occurs within 30 days of the work-related incident, or if an in-patient hospitalization, amputation, or loss of an eye occurs within 24 hours of the work-related incident, then you must report the event to OSHA. If the fatality occurs after more than 30 days of the work-related incident, or if the in-patient hospitalization, amputation, or loss of an eye occurs after more than 24 hours after the work-related incident, then you do not have to report the event to OSHA. However, you must record the event on your OSHA injury and illness records, if you are required to keep OSHA injury and illness records.

  1. You must report the fatality within 8 hours of finding out about the fatality.
  2. You must report any in-patient hospitalization of one or more employees, amputation, or loss of an eye within 24 hours of finding out about the event.

You have three options for reporting the event:

  1. By telephone to the OSHA Area Office nearest to the site of the work-related incident. Information about OSHA Area Offices.
  2. By telephone to the 24-hour OSHA hotline (1-800-321-OSHA or 1-800-321-6742).
  3. Electronically, using the event reporting application that will be located on OSHA's public website.

No, if the Area Office is closed, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye using either the 800 number (1-800-321-OSHA or 1-800-321-6742) or the reporting application located on OSHA's public website.

Yes, all employers under OSHA jurisdiction must report fatalities, in-patient hospitalizations, amputations, and losses of an eye to OSHA, even if they are exempt from routinely keeping OSHA records.

Yes, all employers under OSHA jurisdiction must report fatalities, in-patient hospitalizations, amputations, and losses of an eye to OSHA, even if they are exempt from routinely keeping OSHA records.

You must give OSHA the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye:

  1. The establishment name;
  2. The location of the work-related incident;
  3. The time of the work-related incident;
  4. The type of reportable event (i.e., fatality, in-patient hospitalization, amputation, or loss of an eye);
  5. The number of employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye;
  6. The names of the employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye;
  7. Your contact person and his or her phone number; and
  8. A brief description of the work-related incident.

If the motor vehicle accident occurred in a construction work zone, then you must report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, then you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA. However, you must record the event on your OSHA injury and illness records, if you are required to keep OSHA injury and illness records.

No, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, you must record the event on your OSHA injury and illness records, if you are required to keep OSHA injury and illness records. 

If the heart attack is related to a work-related incident, you must report the fatality or in-patient hospitalization. Your local OSHA Area Office director will decide whether or not to investigate the incident.

You must report to OSHA within the following time period after the fatality, in-patient hospitalization, amputation, or loss of an eye is reported to you or to any of your agent(s) and you determine that it is work-related: 8 hours for a fatality, and 24 hours for an in-patient hospitalization, an amputation, or a loss of an eye.

OSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment.

No, you do not have to report an in-patient hospitalization that involves only observation or diagnostic testing. You must only report each in-patient hospitalization that involves care or treatment.

An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Amputations do not include avulsions (tissue torn away from the body), enucleations (removal of the eyeball), deglovings (skin torn away from the underlying tissue), scalpings (removal of the scalp), severed ears, or broken or chipped teeth.

Updates on who must keep OSHA records and who is exempt as of January 1, 2015.

See FAQs on the new expanded reporting requirements that affect all covered employers.

Under OSHA's recordkeeping regulation, certain establishments must routinely keep records of serious occupational injuries and illnesses. Other establishments are partially exempt from the requirement to routinely keep injury and illness records. One reason for the partial exemption is company size; all companies with 10 or fewer employees do not have to routinely keep OSHA injury and illness records. Another reason for the partial exemption is industry; establishments in certain lower-hazard industries are not required to routinely keep OSHA injury and illness records. OSHA's recordkeeping regulation contains a list of all industries that are partially exempt from routinely keeping injuries and illness records.

This new rule establishes an updated list of industries that are partially exempt from the requirement to routinely keep OSHA injury and illness records. The updated list of industries is based on the North American Industry Classification System (NAICS) and injury and illness data from the Bureau of Labor Statistics (BLS) from 2007, 2008, and 2009.

Note: If your company has ten or fewer employees—regardless of the NAICS code—you are partially exempt from routinely keeping injury and illness records.

Newly covered establishments located in States under Federal OSHA jurisdiction must begin to keep the OSHA injury and illness records on January 1, 2015.  Establishments located in states that operate their own safety and health programs (State Plan States) should check with their state plan for the implementation date of the new requirements.  OSHA encourages the states to implement the new coverage provisions on 1/1/2015, but some may not be able to meet this tight deadline.

If your establishment is in a NAICS industry that is included in the new list, you will not have to keep OSHA injury and illness records unless you are asked to do so in writing by OSHA, the Bureau of Labor Statistics, or a state agency operating under the authority of OSHA or BLS.  However, if a fatality, in-patient hospitalization, amputation, or loss of an eye occurs at your establishment due to a work-related incident, you will still be required to report the event to OSHA, per 29 CFR 1904.39. For more information about this reporting requirement, see Reporting Fatalities and Severe Injuries/Illnesses.

If your company had ten or fewer employees at all times during the last year, then you do not have to routinely keep OSHA records, regardless of the NAICS industry your establishment is in.

  1. If your establishment's industry was on the old list of partially-exempt industries and is on the updated list of partially-exempt industries, then you are not required to routinely keep OSHA injury and illness records.
  2. If your establishment's industry was on the old list of partially-exempt industries and is not on the updated list of partially-exempt industries, then you must start routinely keeping OSHA injury and illness records.
  3. If your establishment's industry was not on the old list of partially-exempt industries and is on the updated list of partially-exempt industries, then you may stop routinely keeping OSHA injury and illness records.
  4. If your establishment's industry was not on the old list of partially-exempt industries and is not on the updated list of partially-exempt industries, then you must continue routinely keeping OSHA injury and illness records.

The partial industry classification exemption applies to individual business establishments. If your company has several establishments that perform different business activities, some of your company's establishments may be required to keep records, while others may be partially exempt.

You can determine your NAICS code by using one of three methods:

  1. You can use the search feature at the U.S. Census Bureau NAICS main webpage.  In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices.
  2. Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main webpage. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
  3. If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the "Concordances" link at the U.S. Census Bureau NAICS main webpage.
  4. You may also contact your nearest OSHA office or State agency for help in determining your NAICS code.

No, you do not have to routinely keep OSHA records. However, you must keep OSHA records if requested to do so in writing by the Bureau of Labor Statistics or by OSHA. In addition, you must report any fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA, per 29 CFR 1904.39.

Go to OSHA's recordkeeping page. OSHA's recordkeeping page includes a brief tutorial on completing the recordkeeping forms, educational presentations on recordkeeping requirements, and downloadable copies of the recordkeeping forms, among other information.

Yes, these changes apply to you. However, depending on which State Plan your establishment is in, the new requirements may go into effect on January 1, 2016, instead of January 1, 2015. Also, some State Plans do not have partial exemptions for low-hazard industries.  Consult with your individual State Plan office for more information.

If you are newly required to keep OSHA records, and your establishment is under the jurisdiction of Federal OSHA, then you must start keeping records on January 1, 2015. If you are newly required to keep OSHA records, and your establishment is under the jurisdiction of an OSHA State Plan, consult with your individual State Plan office for more information.

You use the Log of Work-Related Injuries and Illnesses (OSHA Form 300), the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A), and the Injury and Illness Incident  Report (OSHA Form 301). You must fill out the Log and the Incident Report only if a recordable work-related injury or illness has occurred.

Alternatively, you may also use equivalent forms in place of the OSHA Forms. An equivalent form is one that has the same information, is as readable and understandable, and is completed using the same instructions as the OSHA form it replaces. Many employers use an insurance form instead of the OSHA 301 Incident Report, or supplement an insurance form by adding any additional information required by OSHA. You must fill out and post the Summary annually, even if no recordable work-related injuries or illnesses occurred during the year. You can get the forms from OSHA's Recordkeeping page.

If you are newly exempt from routinely keeping OSHA records, and your establishment is under the jurisdiction of Federal OSHA, then you may stop keeping records on January 1, 2015. If you are newly exempt from routinely keeping OSHA records, and your establishment is under the jurisdiction of an OSHA State Plan, consult with your individual State Plan office for more information.

No. If you are newly exempt from routinely keeping OSHA records, you no longer have to keep the old records, and you no longer have to update the old Logs.

No.  You are not required to post your 2014 Form 300A if your establishment is newly exempted.

Yes, OSHA already provides guidance for completing the forms on OSHA's recordkeeping page.  A good place to start is the tutorial.  

As of January 1, 2015, all employers must report

  • All work-related fatalities within 8 hours.
  • All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours.

You can report to OSHA by

  • Calling OSHA's free and confidential number at 1-800-321-OSHA (6742).
  • Calling your closest Area Office during normal business hours.
  • Using the new online form.

Employers under Federal OSHA's jurisdiction must begin reporting by January 1. Establishments in a state with a State run OSHA program should contact their state plan for the implementation date.

As of January 1, 2015, all employers must report

  • All work-related fatalities within 8 hours.
  • All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours.

You can report to OSHA by

  • Calling OSHA's free and confidential number at 1-800-321-OSHA (6742).
  • Calling your closest Area Office during normal business hours.
  • Using the new online form.

Employers under Federal OSHA's jurisdiction must begin reporting by January 1. Establishments in a state with a State run OSHA program should contact their state plan for the implementation date.


*Accessibility Assistance: Contact OSHA's Directorate of Technical Support and Emergency Management at (202) 693-2300 for assistance accessing PDF materials.

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