OSHA 29 CFR 1904 and Who Has to Complete Injury Report Forms

Any employer governed by the Occupational Safety and Health Law (1970) must maintain and submit certain records to OSHA, according to CFR 1904. 

IF THE INCIDENT INVOLVES FATALITIES AND CATASTROPHES, IT HAS TO BE REPORTED,

NO MATTER THE COMPANY SIZE.

If a work site incident results in a fatality or the in-patient hospitalization of three or more workers, the record must be submitted within 8 hours.  The Occupational Safety and Health Law requires ALL businesses, no matter the size, to submit these fatal or catastrophic incidents.

WHO DOES NOT TYPICALLY HAVE TO COMPLETE INJURY REPORT FORMS (Form 301):

If you are regulated by the Occupational Safety and Health Law, but had 10 or fewer employees during the entire previous calendar year, you do NOT have to complete and submit the Form 301 Injury Report Forms.

If your business has (or had) 10 or more employees in the last calendar year, but is categorized as a specific low-hazard retail, service, finance, insurance, or real estate industry, you do NOT have to keep Injury Report Forms, unless informed in writing by OSHA or the Bureau of Labor Statistics (BLS).  Your company‚Äôs Standard Industrial Classification (SIC) determines if you are considered to be an exempt industry. 

These employee numbers (More than 10  vs. 10 or less) are based on the total number of employees for a company.  Not just a specific work-site.

Establishments classified in the attached Standard Industrial Classifications (SICs) are exempt from most of the recordkeeping requirements, regardless of size.

 

WHO DOES HAVE TO COMPLETE INJURY REPORT FORMS (Form 301):

 -Non-Exempt Means Fill It Out If one or more of your work-sites are considered by OSHA to be non-exempt, you must maintain records of OSHA Recordable incidents on the specific Injury Report Form 301, unless your company is exempted because of size.

 -Certain Industries are Never Exempt!  Businesses classified as Mining, Construction, Manufacturing, Transportation, Communication, Electric, Gas, Sanitary Services, or Wholesale Trade ARE required to maintain the specific Injury Report Forms. (Even if only certain work-sites of the regulated business are part of those specific classes, that company must use the Injury Report Forms.  In that case, just those specific work-sites of the business must complete the injury report forms.)  (See CFR 1904.2)

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