Does "Subpart D - Other OSHA Injury and Illness Recordkeeping Requirements" Apply to You?
This will be yes for employers that are required to maintain the OSHA 300 Log. Subpart D provides requirements for covered employees (i.e., temporary employees, labor, management, seasonal, migrant, part-time, contractor's employees), annual summary (i.e., completing, posting, certifying), retention and updating (i.e., 5 year retention, updating logs and records), employee involvement (i.e., reporting injuries and illnesses by employees, reporting procedures, record access, charging for copies, employee rights, employee representatives) prohibition against discrimination (for reporting injuries or illnesses), state recordkeeping regulations (i.e., state plans recordkeeping requirements) and variances from the recordkeeping rule (i.e., requesting a variance from the recordkeeping rule).
Note: You must record the recordable injuries and illnesses that occur to employees who are not on your payroll if you supervise these employees on a day-to-day basis. If your business is organized as a sole proprietorship or partnership, the owner or partners are not considered employees for recordkeeping purposes. In addition, self-employed individuals are not covered by the OSH Act or this regulation.
An establishment is a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities.
If you have multiple establishments or had a change in business ownership, click on the related tab below to see how it may apply to you. Additional related information can be found on the A-Z safety and health topics pages for medical services and first aid, and recording and reporting.
If yes, then you need to comply with the standard regarding multiple business establishments. Note: If the business establishment is expected to be in operation for less than one year, you do not have to keep a separate OSHA 300 Log for each such establishment. You may keep one OSHA 300 Log that covers all of your short-term establishments.
You may keep the records for an establishment at your headquarters or other central location if you can:
- Transmit information about the injuries and illnesses from the establishment to the central location within seven (7) calendar days of receiving information that a recordable injury or illness has occurred; and
- Produce and send the records from the central location to the establishment within the time frames required by the standards on employee involvement and providing records to government representatives when you are required to provide records to a government representative, employees, former employees or employee representatives.
This rule also addresses recording injuries and illnesses for employees that work at multiple establishments.
If yes, then you need to comply with the standard on change in business ownership. If your business changes ownership, you are responsible for recording and reporting work-related injuries and illnesses only for that period of the year during which you owned the establishment. You must transfer the part 1904 records to the new owner. The new owner must save all records of the establishment kept by the prior owner but they do not need to update or correct the records of the prior owner.