Question: Does every employer have to routinely submit information from the injury and illness records to OSHA?

Answer: No, only two categories of employers must routinely submit information from their injury and illness records. First, if your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must submit the required Form 300A, 300, and 301 information to OSHA once a year. Second, if your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must submit the required Form 300A information to OSHA once a year. Employers in these two categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form or forms (for example, 2017 for the 2016 forms). If you are not in either of these two categories, then you must submit information from the injury and illness records to OSHA only if OSHA notifies you to do so for an individual data collection.

Question: Do I have to answer the BLS survey form if I am located in a State-Plan State?

Answer: Yes, all employers who receive a survey form must respond to the survey, even those in State-Plan States.

Question: Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records?

Answer: Yes, even if you are exempt from keeping injury and illness records under § 1904.1 to § 1904.3, the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records required by § 1904.5 to § 1904.15 and make a survey report for the year covered by the survey.

Question: If I get a survey form from the BLS, what do I have to do?

Answer: If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it, following the instructions contained on the survey form.

Question: Does every employer have to send data to the BLS?

Answer: No, each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to send injury and illness data to the BLS unless you receive a survey form.

Question: Do I have to give my employees and their representatives access to the OSHA injury and illness records?

Answer:

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.

For more information, explore OSHA's Recordkeeping Requirements.

Question: What is considered a "construction work zone" for purposes of section 1904.39(b)(3)?

Answer:

A "construction work zone" for purposes of §1904.39(b)(3) is an area of a street or highway where construction activities are taking place, and is typically marked by signs, channeling devices, barriers, pavement markings and/or work vehicles. The work zone extend from the first warning sign or rotating/strobe lights on a vehicle to the "END ROAD WORK" sign or the last temporary traffic control device.

For more information, explore OSHA's Recordkeeping Requirements.

Question: When a work-related heart attack occurs in the workplace and the employee dies one or more days later, how should the case be reported to OSHA?

Answer:

The employer must report a work-related fatality by telephone or in person to the OSHA Area Office nearest to the site of the incident or by calling OSHA's toll free number 1-800-321-6742. The employer may also use the Serious Event Reporting Online Form at https://www.osha.gov/pls/ser/serform.html. The employer must report the fatality within eight hours of the employee's death in cases where the death occurs within 30 days of the incident. The employer need not report a death occurring more than 30 days after a work-related incident.

For more information, explore OSHA's Recordkeeping Requirements.

Question: Are State and local government employers covered by this rule?

Answer:

No, but they are covered under the equivalent State rule in States that operate OSHA-approved State Plans. State rules must cover these workplaces and require the recording and reporting of work-related injuries and illnesses.

For more information, explore OSHA's Recordkeeping Requirements.

Question: How may state regulations differ from the Federal requirements?

Answer:

For Part 1904 provisions other than recording and reporting, State requirements may be more stringent than or supplemental to the Federal requirements. For example, a State Plan could require employers to keep records for the State, even though those employers have 10 or fewer employees (1904.1) or are within an industry exempted by the Federal rule. A State Plan could also require employers to keep additional supplementary injury and illness information, require employers to report fatality and severe injury incidents within a shorter time frame than Federal OSHA does (1904.39), require other types of incidents to be reported as they occur, require hearing loss to be recorded at a lower threshold level during CY 2002 (1904.10(c)), or impose other requirements.

For more information, explore OSHA's Recordkeeping Requirements.