Involving employees and their representatives in the recordkeeping system

- Employers must establish procedures for reporting work-related injuries and illnesses and inform all employees of the reporting procedure.
- Employers may not discriminate against employees who report work-related injuries or illnesses.
- Employers must share injury and illness records with employees, former employees, and their representatives.
Employers must establish a reasonable procedure for employees to report work-related 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. Employers must inform each employee of the procedure for reporting work-related injuries and illnesses.
An employer must also inform each employee that:
- Employees have the right to report work-related injuries and illnesses; and
- Employers must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.
Section 11(c) of the Occupational Safety and Health Act (OSH Act) prohibits employers from discriminating against an employee for reporting a work-related fatality, injury, or illness. That provision of the Act also protects the employee who files a safety and health complaint, asks for access to the Part 1904 records, or otherwise exercises any rights afforded by the OSH Act.