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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.