U.S. Department of Labor | ||||||
Occupational Safety & Health Administration |
OSHA's Injury and Illness Recordkeeping Rule for Federal Agencies This document provides general guidance about the Occupational Safety and Health Administration's (OSHA's) injury and illness recordkeeping rule under 29 CFR Part 1904, specifically as it pertains to Federal Executive Branch agencies. In November 2004, OSHA issued a final rule amending the basic program elements at 29 CFR Part 1960, Subpart I, to make the Federal sector's injury and illness recordkeeping requirements essentially identical to the private sector. For additional guidance on the recording and reporting of work-related injuries and illnesses under Part 1904, Federal agencies should consult OSHA's Recordkeeping web page at http://www.osha.gov/recordkeeping/entryfaq.html. General Guidance Question 1. Which Federal agencies are affected by the new recordkeeping requirements under 29 CFR Part 1904?
OSHA 2014, Recording and Reporting Guidelines for Federal Agencies (revised 1986), was withdrawn. All OSHA letters of interpretation regarding the old Part 1960 injury and illness recordkeeping requirements for Federal agencies were withdrawn, removed from the OSHA CD-ROM and the OSHA Internet site, and put into the OSHA Archive Set. Question 4. How can I get copies of the new forms? You may obtain copies of the new forms on OSHA's web site at http://www.osha.gov or from OSHA's publications office at (202) 693-1888. Question 5. What if a Federal establishment started using the OSHA 300 forms prior to January 1, 2005? If a Federal establishment chose to maintain its injury and illness records in accordance with the Part 1904 requirements prior to January 1, 2005, that establishment will be considered to be in compliance with OSHA's recordkeeping requirements for Federal agencies. Question 6. Can I compare injury and illness rates generated from my OSHA Form 300 and the Part 1904 requirements with rates generated under the old Part 1960 recordkeeping requirements using Office of Workers' Compensation (OWCP) claims data? No. The requirements of Part 1904 change the criteria used to determine which injuries and illnesses will be entered into the OSHA records as well as how they will be entered. Therefore, you should not expect data produced under the old Part 1960 recordkeeping requirements to compare with data produced under Part 1904. Question 7. Why are Federal agencies required to keep records of work-related injuries and illnesses? The OSH Act of 1970 requires the Secretary of Labor to produce regulations that require employers to keep records of occupational deaths, injuries, and illnesses. Executive Order 12196 requires Federal establishments to, "Operate an occupational safety and health management information system, which shall include the maintenance of such records as the Secretary may require." The records are used for several purposes. Employers and employees use the records to implement safety and health programs at individual workplaces. Analysis of the data is a widely recognized method for discovering workplace safety and health problems and tracking progress in solving those problems. OSHA uses the injury and illness statistics to help direct its programs and measure its own performance. Also, individuals conducting safety and health evaluations and inspections use the data to help direct their efforts to the hazards that are hurting workers. Question 8. Does recording an injury or illness establish an employer-employee relationship between the employer and the injured party, or create an entitlement to workers' compensation? No. The "Purpose" section of the rule, CFR 1960.66, contains a "note" making it clear that recording or reporting a work-related injury, illness, or fatality does not constitute an admission that the Federal agency or an individual was at fault or otherwise responsible for purposes of liability. Such recording or reporting does not constitute an admission of the existence of an employer-employee relationship between the individual recording the injury and the injured individual. Recording or reporting any such injury, illness, or fatality does not mean that an OSHA rule has been violated or that the individual in question is eligible for workers' compensation or any other benefits. Question 9. If I record an injury or illness on the OSHA 300 Log, do I still have to file a report with the Office of Workers' Compensation Programs (OWCP)? The process for determining whether a report must be filed with OWCP must be evaluated separately from the OSHA recordkeeping process. The purpose of the new rule is to establish an injury and illness reporting and recording system that provides adequate information for the management of safety and health programs. The Part 1904 regulation does not diminish or modify in any way a Federal agency's responsibilities to report or record injuries and illnesses as required by OWCP under the Federal Employees' Compensation Act (FECA), 5 U.S.C. § 8101 et seq. Recording Criteria Question 10. The old rule required the recording of all incidents where a form CA-1, CA-2 or CA-6 was filed with OWCP. Does this requirement still apply?29 CFR Part 1960.2(h). |
Back to Top www.osha.gov | www.dol.gov | |
Contact Us | Freedom of Information Act | Customer Survey Privacy and Security Statement | Disclaimers |
||
Occupational Safety & Health Administration 200 Constitution Avenue, NW Washington, DC 20210 |