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General Osha Recordkeeping Requirements
INFORMATION DATE 19921002 DESCRIPTION USDOL Program Highlights, General OSHA Recordkeeping Requirements SUBJECT General OSHA Recordkeeping Requirements U.S. Department of Labor Program Highlights Fact Sheet No. OSHA 92-05 GENERAL OSHA RECORDKEEPING REQUIREMENTS The Occupational Safety and Health Act of 1970 requires most private sector employers to prepare and maintain records of work related injuries and illnesses. These records include the OSHA Form No. 200, Log and Summary of Occupational Injuries and Illnesses, and the OSHA Form No. 101, Supplementary Record of Occupational Injuries and Illnesses. EMPLOYERS REQUIRED TO KEEP RECORDS All employers with 11 or more employees in the following industries, as determined by their Standard Industrial Classification (SIC), must keep injury and illness records: Agriculture, Forestry, and Fishing (SIC's 01-02 and 07-09), Oil and Gas Extraction (SIC 13), Construction (SIC's 15-17), Manufacturing (SIC's 20-39), Transportation, Communications, and Public Utilities (SIC's 41-42 and 44-49), Wholesale Trade (SIC's 50-51), Building Materials, Hardware, Garden Supply and Mobile Home Dealers (SIC 52); General Merchandise Stores (SIC 53); Food Stores (SIC 54); Hotels, Rooming Houses, Camps, and Other Lodging Places (SIC 70); Repair Services (SIC's 75 and 76); Amusement and Recreation Services (SIC 79); and Health Services (SIC 80). EMPLOYERS NORMALLY EXEMPT, BUT PERIODICALLY REQUIRED TO KEEP RECORDS The following employers are normally exempt from these recordkeeping requirements unless notified in advance by the Bureau of Labor Statistics (BLS) that they have been selected to participate in the mandatory Annual Survey of Occupational Injuries and Illnesses: (1) Employers who had no more than ten employees (full- and part-time) at any time during the previous calendar year; or (2) Employers who conduct business primarily in one of the following SIC's, regardless of the number of employees: MAJOR GROUP TITLE Retail Trade 55 Automotive Dealers and Gasoline Service Stations 56 Apparel and Accessory Stores 57 Furniture, Home Furnishings and Equipment Stores 58 Eating and Drinking Places 59 Miscellaneous Retail Finance, Insurance and Real Estate 60 Banking 61 Credit Agencies other than Banks 62 Security and Commodity Brokers, and Services 63 Insurance 64 Insurance Agents, Brokers and Services 65 Real Estate 67 Holding and other Investment Offices Services 72 Personal Services 73 Business Services 78 Motion Pictures 81 Legal Services 82 Educational Services 83 Social Services 84 Museums, Botanical and Zoological Gardens 86 Membership Organizations 87 Engineering, Accounting, Research, Management, and Related Services 88 Private Households 89 Miscellaneous Services These exemptions do not excuse any employer from coverage by OSHA or from compliance with all applicable safety and health standards (which may include other types of recordkeeping requirements). The recordkeeping exemptions apply to all eligible workplaces under the jurisdiction of Federal OSHA. However, 25 states and territories operate their own OSHAs. Employers in the following areas should contact the state agency to determine if it has or intends to adopt the exemptions: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming. Connecticut, and New York cover state and local government employees only. RECORDS THAT MUST BE KEPT OSHA requires the use of OSHA Form No. 200, the Log and Summary of Occupational Injuries and Illnesses, or an equivalent form. On the OSHA Log employers provide some brief descriptive information then use a simple check-off procedure to maintain a running total of occupational injuries and illnesses for the year. Authorized Federal and State government officials, employees, and their representatives are guaranteed access, upon request, to the injury and illness log for the establishment. Employers are required to post an annual summary of occupational injuries and illnesses for the previous calendar year. The summary must be posted no later than February 1 and must remain in place until March 1. OSHA Form No. 101 is used to supply supplementary information regarding each injury and illness entered on the log. This form names the person and describes the circumstances of his or her injury or illness. Substitute forms (such as workers' compensation reports) may be used if they contain all the specified information. Authorized government officials shall be provided access to these records also. Injury and illness records shall be maintained at each workplace. In the absence of a regular workplace, records shall be maintained at some central location. The records shall be retained and updated for five years following the calendar year they cover. Each workplace, regardless of the number of employees or type of business, must: Display either an OSHA or State poster containing information for employees, and Report to the nearest OSHA office within 48 hours all accidents which result in a work-related fatality or the hospitalization of five or more employees. THE BLS SURVEY Each year BLS selects about 280,000 firms to take part in a survey used to calculate the job injury and illness rates for various industries nationwide. All employers selected for the survey are required by law to participate. As noted previously, employers that are normally exempt from OSHA recordkeeping are notified of their selection for the survey prior to the calendar year to which the survey relates. The survey is used to monitor OSHA's progress and to assist the agency in setting standards, evaluating existing standards, scheduling inspections, and evaluating the performance of states and territories which operate their own OSHA-approved safety and health programs. FOR MORE INFORMATION For official instructions on recording occupational injuries and illnesses please refer to the latest Recordkeeping Guidelines for Occupational Injuries and Illnesses. You may obtain copies of the Guidelines and OSHA forms by calling the OSHA Area Office or the State OSHA Office in your jurisdiction. This is one of a series of fact sheets highlighting U.S. Department of Labor programs. It is intended as a general description only and does not carry the force of legal opinion. This information will be made available to sensory impaired individuals upon request. Voice phone: (202) 219-6666.