• All employers covered by the OSH Act must keep records of injury or illness as detailed in Part 1904, with some exceptions for size and industry category.

All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by the Part 1904 regulations. However, many employers do not have to keep Occupational Safety and Health Administration (OSHA) injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping OSHA injury and illness records.

What is the partial exemption for size?

The partial exemption for size is based on the number of employees in the entire company, not the individual establishment. To determine eligibility, employers must evaluate whether they had 10 or fewer employees at all times during the previous calendar year, using their peak employment during that year.

Employers who had 10 or fewer employees at all times during the last calendar year are exempt from routinely keeping OSHA injury and illness records, unless OSHA or the Bureau of Labor Statistics (BLS) notifies the employer in writing that they must keep records under 29 CFR 1904.41 or 1904.42.

Employers who had more than 10 employees at any time during the last calendar year must keep OSHA injury and illness records, unless the establishment qualifies for a separate partial exemption based on industry classification under 29 CFR 1904.2 (Appendix A to Subpart B).

Regardless of the size exemption, all employers covered by the OSH Act must still comply with OSHA’s severe injury reporting requirements under 29 CFR 1904.39, including reporting a work-related fatality, in-patient hospitalization, amputation, or loss of an eye.

What is the partial exemption for industry category?

If a business establishment is classified in a specific industry group listed in Appendix A to Subpart B, they do not need to keep OSHA injury and illness records unless the government asks the company to keep the records under 1904.41 or 1904.42. If one or more of the company’s establishments are classified in a non-exempt industry, the company must keep OSHA injury and illness records for all of such establishments unless partially exempted because of size under 1904.1.

The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company’s establishments may be required to keep records, while others may be partially exempt.

What if an employer is required to keep records for another agency?

If an employer maintains injury and illness records to comply with the requirements of another government agency, those records may be used to satisfy OSHA’s recordkeeping requirements under 29 CFR Part 1904, provided certain conditions are met.

OSHA will accept records created for another agency if there is a memorandum of understanding (MOU) between OSHA and that agency recognizing the records, or if the records contain the same information required by OSHA’s recordkeeping regulation (including all data elements required on OSHA Forms 300, 300A, and 301, or their equivalents).

If the other agency’s records do not fully include OSHA-required information, the employer must supplement those records so they meet all applicable requirements of Part 1904.

Employers are encouraged to contact their nearest OSHA Area Office or State Plan agency if they are unsure whether their existing records meet OSHA’s requirements.

When must an employer provide records to an authorized government representative?

When an authorized government representative requests records maintained under 29 CFR Part 1904, such as during an OSHA inspection or investigation, the employer must provide copies of the requested records within four (4) business hours.

Authorized government representatives include:

• A representative of the Secretary of Labor (OSHA) conducting an inspection or investigation
• A representative of the Secretary of Health and Human Services (e.g., NIOSH)
• A representative of a State Plan agency administering an OSHA-approved program

If an employer maintains records at a centralized location, including one in a different time zone, OSHA considers the response timely if the records are provided within four business hours of the request. In these situations, the employer may calculate the deadline based on the business hours of the location where the records are maintained, rather than the inspected establishment.