Regulations last checked for updates: Oct 17, 2024

Title 29 - Labor last revised: Oct 09, 2024
§ 1904.39 - Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA.

(a) Basic requirement. (1) Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor.

(2) Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.

(3) You must report the fatality, in-patient hospitalization, amputation, or loss of an eye using one of the following methods:

(i) By telephone or in person to the OSHA Area Office that is nearest to the site of the incident.

(ii) By telephone to the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742).

(iii) By electronic submission using the reporting application located on OSHA's public Web site at www.osha.gov.

(b) Implementation—(1) If the Area Office is closed, may I report the fatality, in-patient hospitalization, amputation, or loss of an eye by leaving a message on OSHA's answering machine, faxing the Area Office, or sending an email? No, if the Area Office is closed, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye using either the 800 number or the reporting application located on OSHA's public Web site at www.osha.gov.

(2) What information do I need to give to OSHA about the in-patient hospitalization, amputation, or loss of an eye? You must give OSHA the following information for each fatality, in-patient hospitalization, amputation, or loss of an eye:

(i) The establishment name;

(ii) The location of the work-related incident;

(iii) The time of the work-related incident;

(iv) The type of reportable event (i.e., fatality, in-patient hospitalization, amputation, or loss of an eye);

(v) The number of employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye;

(vi) The names of the employees who suffered a fatality, in-patient hospitalization, amputation, or loss of an eye;

(vii) Your contact person and his or her phone number; and

(viii) A brief description of the work-related incident.

(3) Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? If the motor vehicle accident occurred in a construction work zone, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

(4) Do I have to report the fatality, in-patient hospitalization, amputation, or loss of an eye if it occurred on a commercial or public transportation system? No, you do not have to report the fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

(5) Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack? Yes, your local OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the heart attack.

(6) What if the fatality, in-patient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? You must only report a fatality to OSHA if the fatality occurs within thirty (30) days of the work-related incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to OSHA if it occurs within twenty-four (24) hours of the work-related incident. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

(7) What if I don't learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye right away? If you do not learn about a reportable fatality, in-patient hospitalization, amputation, or loss of an eye at the time it takes place, you must make the report to OSHA within the following time period after the fatality, in-patient hospitalization, amputation, or loss of an eye is reported to you or to any of your agent(s): Eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye.

(8) What if I don't learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident? If you do not learn right away that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident, you must make the report to OSHA within the following time period after you or any of your agent(s) learn that the reportable fatality, in-patient hospitalization, amputation, or loss of an eye was the result of a work-related incident: Eight (8) hours for a fatality, and twenty-four (24) hours for an in-patient hospitalization, an amputation, or a loss of an eye.

(9) How does OSHA define “in-patient hospitalization”? OSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment.

(10) Do I have to report an in-patient hospitalization that involves only observation or diagnostic testing? No, you do not have to report an in-patient hospitalization that involves only observation or diagnostic testing. You must only report to OSHA each in-patient hospitalization that involves care or treatment.

(11) How does OSHA define “amputation”? An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.

[79 FR 56187, Sept. 18, 2014]
§ 1904.40 - Providing records to government representatives.

(a) Basic requirement. When an authorized government representative asks for the records you keep under part 1904, you must provide copies of the records within four (4) business hours.

(b) Implementation—(1) What government representatives have the right to get copies of my part 1904 records? The government representatives authorized to receive the records are:

(i) A representative of the Secretary of Labor conducting an inspection or investigation under the Act;

(ii) A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health—NIOSH) conducting an investigation under section 20(b) of the Act, or

(iii) A representative of a State agency responsible for administering a State plan approved under section 18 of the Act.

(2) Do I have to produce the records within four (4) hours if my records are kept at a location in a different time zone? OSHA will consider your response to be timely if you give the records to the government representative within four (4) business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline.

[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017]
§ 1904.41 - Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA.

(a) Basic requirements—(1) Annual electronic submission of information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses. (i) If your establishment had 20-249 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.

(ii) If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.

(2) Annual electronic submission of information from OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by establishments with 100 or more employees in designated industries. If your establishment had 100 or more employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix B to subpart E of this part, then you must electronically submit information from OSHA Forms 300 and 301 to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the forms.

(3) Electronic submission of part 1904 records upon notification. Upon notification, you must electronically submit the requested information from your part 1904 records to OSHA or OSHA's designee.

(4) Electronic submission of the Employer Identification Number (EIN). For each establishment that is subject to these reporting requirements, you must provide the EIN used by the establishment.

(b) Implementation—(1) Does every employer have to routinely make an annual electronic submission of information from part 1904 injury and illness recordkeeping forms to OSHA? No, only three categories of employers must routinely submit information from these forms. The first category is establishments that had 20-249 employees at any time during the previous calendar year, and are classified in an industry listed in appendix A to this subpart; establishments in this category must submit the required information from Form 300A to OSHA once a year. The second category is establishments that had 250 or more employees at any time during the previous calendar year, and are required by this part to keep records; establishments in this category must submit the required information from Form 300A to OSHA once a year. The third category is establishments that had 100 or more employees at any time during the previous calendar year, and are classified in an industry listed in appendix B to this subpart; establishments in this category must also submit the required information from Forms 300 and 301 to OSHA once a year, in addition to the required information from Form 300A. Employers in these three categories must submit the required information by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2024 for the 2023 form(s)). If your establishment is not in any of these three categories, then you must submit the information to OSHA only if OSHA notifies you to do so for an individual data collection.

(2) Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in paragraph (a) of this section? Yes, each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers.

(3) How will OSHA notify me that I must submit information as part of an individual data collection under paragraph (a)(3) of this section? OSHA will notify you by mail if you will have to submit information as part of an individual data collection under paragraph (a)(3). OSHA will also announce individual data collections through publication in the Federal Register and the OSHA newsletter, and announcements on the OSHA website. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal.

(4) When do I have to submit the information? If you are required to submit information under paragraph (a)(1) or (2) of this section, then you must submit the information once a year, by the date listed in paragraph (c) of this section of the year after the calendar year covered by the form (for example, 2019 for the 2018 form). If you are submitting information because OSHA notified you to submit information as part of an individual data collection under paragraph (a)(3) of this section, then you must submit the information as specified in the notification.

(5) How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under paragraph (a)(3) of this section, OSHA will include the website's location in the notification for the data collection.

(6) Do I have to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? If you are partially exempt from keeping injury and illness records under §§ 1904.1 and/or 1904.2, then you do not have to routinely submit information under paragraphs (a)(1) and (2) of this section. You will have to submit information under paragraph (a)(3) of this section if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this part and submit information as directed.

(7) Do I have to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States.

(8) May an enterprise or corporate office electronically submit information for its establishment(s)? Yes, if your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under paragraph (a) of this section, then the enterprise or corporate office may collect and electronically submit the information for the establishment(s).

(9) If I have to submit information under paragraph (a)(2) of this section, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following:

(i) Log of Work-Related Injuries and Illnesses (OSHA Form 300): Employee name (column B).

(ii) Injury and Illness Incident Report (OSHA Form 301): Employee name (field 1), employee address (field 2), name of physician or other health care professional (field 6), facility name and address if treatment was given away from the worksite (field 7).

(10) My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name.

(c) Reporting dates. Establishments that are required to submit under paragraph (a)(1) or (2) of this section must submit all of the required information by March 2 of the year after the calendar year covered by the form(s) (for example, by March 2, 2024, for the forms covering 2023).

[81 FR 29692, May 12, 2016, as amended at 82 FR 55765, Nov. 24, 2017; 84 FR 405, Jan. 25, 2019; 88 FR 47346, July 21, 2023]
§ 1904.42 - Requests from the Bureau of Labor Statistics for data.

(a) Basic requirement. If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it following the instructions contained on the survey form.

(b) Implementation—(1) Does every employer have to send data to the BLS? No, each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the Nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to send injury and illness data to the BLS unless you receive a survey form.

(2) If I get a survey form from the BLS, what do I have to do? If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it, following the instructions contained on the survey form.

(3) Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records? Yes, even if you are exempt from keeping injury and illness records under § 1904.1 to § 1904.3, the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records required by § 1904.5 to § 1904.15 and make a survey report for the year covered by the survey.

(4) Do I have to answer the BLS survey form if I am located in a State-Plan State? Yes, all employers who receive a survey form must respond to the survey, even those in State-Plan States.

Appendix Appendix A - Appendix A to Subpart E of Part 1904—Designated Industries for § 1904.41(a)(1)(i) Annual Electronic Submission of Information From OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20-249 Employees in Designated Industries
NAICS Industry
11Agriculture, Forestry, Fishing and Hunting.
22Utilities.
23Construction.
31-33Manufacturing.
42Wholesale Trade.
4413Automotive Parts, Accessories, and Tire Stores.
4421Furniture Stores.
4422Home Furnishings Stores.
4441Building Material and Supplies Dealers.
4442Lawn and Garden Equipment and Supplies Stores.
4451Grocery Stores.
4452Specialty Food Stores.
4522Department Stores.
4523General Merchandise Stores, including Warehouse Clubs and Supercenters.
4533Used Merchandise Stores.
4542Vending Machine Operators.
4543Direct Selling Establishments.
4811Scheduled Air Transportation.
4841General Freight Trucking.
4842Specialized Freight Trucking.
4851Urban Transit Systems.
4852Interurban and Rural Bus Transportation.
4853Taxi and Limousine Service.
4854School and Employee Bus Transportation.
4855Charter Bus Industry.
4859Other Transit and Ground Passenger Transportation.
4871Scenic and Sightseeing Transportation, Land.
4881Support Activities for Air Transportation.
4882Support Activities for Rail Transportation.
4883Support Activities for Water Transportation.
4884Support Activities for Road Transportation.
4889Other Support Activities for Transportation.
4911Postal Service.
4921Couriers and Express Delivery Services.
4922Local Messengers and Local Delivery.
4931Warehousing and Storage.
5152Cable and Other Subscription Programming.
5311Lessors of Real Estate.
5321Automotive Equipment Rental and Leasing.
5322Consumer Goods Rental.
5323General Rental Centers.
5617Services to Buildings and Dwellings.
5621Waste Collection.
5622Waste Treatment and Disposal.
5629Remediation and Other Waste Management Services.
6219Other Ambulatory Health Care Services.
6221General Medical and Surgical Hospitals.
6222Psychiatric and Substance Abuse Hospitals.
6223Specialty (except Psychiatric and Substance Abuse) Hospitals.
6231Nursing Care Facilities (Skilled Nursing Facilities).
6232Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.
6233Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly
6239Other Residential Care Facilities.
6242Community Food and Housing, and Emergency and Other Relief Services.
6243Vocational Rehabilitation Services.
7111Performing Arts Companies.
7112Spectator Sports.
7121Museums, Historical Sites, and Similar Institutions.
7131Amusement Parks and Arcades.
7132Gambling Industries.
7211Traveler Accommodation.
7212RV (Recreational Vehicle) Parks and Recreational Camps.
7223Special Food Services.
8113Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.
8123Drycleaning and Laundry Services.
[88 FR 47347, July 21, 2023]
Appendix Appendix B - Appendix B to Subpart E of Part 1904—Designated Industries for § 1904.41(a)(2) Annual Electronic Submission of Information From OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by Establishments With 100 or More Employees in Designated Industries
NAICS Industry
1111Oilseed and Grain Farming.
1112Vegetable and Melon Farming.
1113Fruit and Tree Nut Farming.
1114Greenhouse, Nursery, and Floriculture Production.
1119Other Crop Farming.
1121Cattle Ranching and Farming.
1122Hog and Pig Farming.
1123Poultry and Egg Production.
1129Other Animal Production.
1133Logging.
1141Fishing.
1142Hunting and Trapping.
1151Support Activities for Crop Production.
1152Support Activities for Animal Production.
1153Support Activities for Forestry.
2213Water, Sewage and Other Systems.
2381Foundation, Structure, and Building Exterior Contractors.
3111Animal Food Manufacturing.
3113Sugar and Confectionery Product Manufacturing.
3114Fruit and Vegetable Preserving and Specialty Food Manufacturing.
3115Dairy Product Manufacturing.
3116Animal Slaughtering and Processing.
3117Seafood Product Preparation and Packaging.
3118Bakeries and Tortilla Manufacturing.
3119Other Food Manufacturing.
3121Beverage Manufacturing.
3161Leather and Hide Tanning and Finishing.
3162Footwear Manufacturing.
3211Sawmills and Wood Preservation.
3212Veneer, Plywood, and Engineered Wood Product Manufacturing.
3219Other Wood Product Manufacturing.
3261Plastics Product Manufacturing.
3262Rubber Product Manufacturing.
3271Clay Product and Refractory Manufacturing.
3272Glass and Glass Product Manufacturing.
3273Cement and Concrete Product Manufacturing.
3279Other Nonmetallic Mineral Product Manufacturing.
3312Steel Product Manufacturing from Purchased Steel.
3314Nonferrous Metal (except Aluminum) Production and Processing.
3315Foundries.
3321Forging and Stamping.
3323Architectural and Structural Metals Manufacturing.
3324Boiler, Tank, and Shipping Container Manufacturing.
3325Hardware Manufacturing.
3326Spring and Wire Product Manufacturing.
3327Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing.
3328Coating, Engraving, Heat Treating, and Allied Activities.
3331Agriculture, Construction, and Mining Machinery Manufacturing.
3335Metalworking Machinery Manufacturing.
3361Motor Vehicle Manufacturing.
3362Motor Vehicle Body and Trailer Manufacturing.
3363Motor Vehicle Parts Manufacturing.
3366Ship and Boat Building.
3371Household and Institutional Furniture and Kitchen Cabinet Manufacturing.
3372Office Furniture (including Fixtures) Manufacturing.
3379Other Furniture Related Product Manufacturing.
4231Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers.
4233Lumber and Other Construction Materials Merchant Wholesalers.
4235Metal and Mineral (except Petroleum) Merchant Wholesalers.
4239Miscellaneous Durable Goods Merchant Wholesalers.
4244Grocery and Related Product Merchant Wholesalers.
4248Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers.
4413Automotive Parts, Accessories, and Tire Stores.
4422Home Furnishings Stores.
4441Building Material and Supplies Dealers.
4442Lawn and Garden Equipment and Supplies Stores.
4451Grocery Stores.
4522Department Stores.
4523General Merchandise Stores, including Warehouse Clubs and Supercenters.
4533Used Merchandise Stores.
4543Direct Selling Establishments.
4811Scheduled Air Transportation.
4841General Freight Trucking.
4842Specialized Freight Trucking.
4851Urban Transit Systems.
4852Interurban and Rural Bus Transportation.
4853Taxi and Limousine Service.
4854School and Employee Bus Transportation.
4859Other Transit and Ground Passenger Transportation.
4871Scenic and Sightseeing Transportation, Land.
4881Support Activities for Air Transportation.
4883Support Activities for Water Transportation.
4889Other Support Activities for Transportation.
4911Postal Service.
4921Couriers and Express Delivery Services.
4931Warehousing and Storage.
5322Consumer Goods Rental.
5621Waste Collection.
5622Waste Treatment and Disposal.
6219Other Ambulatory Health Care Services.
6221General Medical and Surgical Hospitals.
6222Psychiatric and Substance Abuse Hospitals.
6223Specialty (except Psychiatric and Substance Abuse) Hospitals.
6231Nursing Care Facilities (Skilled Nursing Facilities).
6232Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.
6233Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly.
6239Other Residential Care Facilities.
6243Vocational Rehabilitation Services.
7111Performing Arts Companies.
7112Spectator Sports.
7131Amusement Parks and Arcades.
7211Traveler Accommodation.
7212RV (Recreational Vehicle) Parks and Recreational Camps.
7223Special Food Services.
[88 FR 47348, July 21, 2023]
authority: 29 U.S.C. 657,658,660,666,669,673,Secretary. 3-2000 (65 FR 50017) and 1-2012 (77 FR 3912), as applicable, and 5 U.S.C. 553.
source: 66 FR 6122, Jan. 19, 2001, unless otherwise noted.
cite as: 29 CFR 1904.39