(a) Multiple business establishments. - (i) Basic requirement. You must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer.
- (ii) Implementation.
- (A) Do I need to keep OSHA injury and illness records for short- term establishments (i.e., establishments that will exist for less than a year)? Yes, however, 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 also include the short-term establishments' recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions or geographic regions.
- (B) May I keep the records for all of my establishments at my headquarters location or at some other central location? Yes, you may keep the records for an establishment at your headquarters or other central location if you can:
- (I) 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
- (II) Produce and send the records from the central location to the establishment within the time frames required by Section 4(f) and Section 5(b) when you are required to provide records to a government representative, employees, former employees or employee representatives.
- (C) Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees? You must link each of your employees with one of your establishments, for recordkeeping purposes. You must record the injury and illness on the OSHA 300 Log of the injured or ill employee's establishment, or on an OSHA 300 Log that covers that employee's short-term establishment.
- (D) How do I record an injury or illness when an employee of one of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from any of my establishments? If the injury or illness occurs at one of your establishments, you must record the injury or illness on the OSHA 300 Log of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the OSHA 300 Log at the establishment at which the employee normally works.
(b) Covered employees. - (i) Basic requirement. You must record on the OSHA 300 Log the recordable injuries and illnesses of all employees on your payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You also 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.
- (ii) Implementation.
- (A) If a self-employed person is injured or becomes ill while doing work at my business, do I need to record the injury or illness? No, self- employed individuals are not covered by the OSH Act or this regulation.
- (B) If I obtain employees from a temporary help service, employee leasing service, or personnel supply service, do I have to record an injury or illness occurring to one of those employees? You must record these injuries and illnesses if you supervise these employees on a day-to-day basis.
- (C) If an employee in my establishment is a contractor's employee, must I record an injury or illness occurring to that employee? If the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee's work on a day-to-day basis, you must record the injury or illness.
- (D) Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased or contract employees that I supervise on a day-to-day basis? No, you and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer's OSHA 300 Log (if that company provides day-to-day supervision).
(c) Annual summary. - (i) Basic requirement. At the end of each calendar year, you must:
- (A) Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified;
- (B) Create an annual summary of injuries and illnesses recorded on the OSHA 300 Log;
- (C) Certify the summary; and
- (D) Post the annual summary.
- (ii) Implementation.
- (A) How extensively do I have to review the OSHA 300 Log entries at the end of the year? You must review the entries as extensively as necessary to make sure that they are complete and correct.
- (B) How do I complete the annual summary? You must:
- (I) Total the columns on the OSHA 300 Log (if you had no recordable cases, enter zeros for each column total); and
- (II) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the OSHA 300 Log, and the total hours worked by all employees covered by the OSHA 300 Log.
- (III) If you are using an equivalent form other than the OSHA 300- A summary form, as permitted under Section 3(z)(i), the summary you use must also include the employee access and employer penalty statements found on the OSHA 300-A Summary form.
- (C) How do I certify the annual summary? A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.
- (D) Who is considered a company executive? The company executive who certifies the log must be one of the following persons:
- (I) An owner of the company (only if the company is a sole proprietorship or partnership);
- (II) An officer of the corporation;
- (III) The highest ranking company official working at the establishment; or
- (IV) The immediate supervisor of the highest ranking company official working at the establishment.
- (E) How do I post the annual summary? You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material.
- (F) When do I have to post the annual summary? You must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.
(d) Retention and updating. - (ii) Implementation.
- (A) Do I have to update the OSHA 300 Log during the five-year storage period? Yes, during the storage period, you must update your stored OSHA 300 Logs to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information.
- (B) Do I have to update the annual summary? No, you are not required to update the annual summary, but you may do so if you wish.
- (C) Do I have to update the OSHA 301 Incident Reports or equivalent forms? No, you are not required to update the OSHA 301 Incident Reports or equivalent forms, but you may do so if you wish.
(e) 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 these records to the new owner. The new owner must save all records of the establishment kept by the prior owner, as required by Section 4(d), but need not update or correct the records of the prior owner.
(f) Employee involvement. - (i) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in several ways.
- (A) You must inform each employee of how he or she is to report an injury or illness to you.
- (B) You must provide limited access to your injury and illness records for your employees and their representatives.
- (ii) Implementation.
- (A) What must I do to make sure that employees report work- related injuries and illnesses to me?
- (I) You must set up a way for employees to report work-related injuries and illnesses promptly; and
- (II) You must tell each employee how to report work-related injuries and illnesses to you.
- (B) Do I have to give my employees and their representatives access to the OSHA injury and illness records? Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations, as discussed below.
- (I) Who is an authorized employee representative? An authorized employee representative is an authorized collective bargaining agent of employees.
- (II) Who is a "personal representative" of an employee or former employee? A personal representative is:
- (1.) Any person that the employee or former employee designates as such, in writing; or
- (2.) The legal representative of a deceased or legally incapacitated employee or former employee.
- (III) If an employee or representative asks for access to the OSHA 300Log, when do I have to provide it? When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant OSHA 300 Log(s) by the end of the next business day.
- (IV) May I remove the names of the employees or any other information from the OSHA 300 Log before I give copies to an employee, former employee, or employee representative? No, you must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in paragraphs Section 3(z)(ii)(F) through (I).
- (V) If an employee or representative asks for access to the OSHA 301Incident Report, when do I have to provide it?
- (1.) When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report or an equivalent form describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA 301 Incident Report or equivalent report containing that information by the end of the next business day.
- (2.) When an authorized employee representative asks for a copies of the OSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days. You are only required to give the authorized employee representative information from the OSHA 301 Incident Report or an equivalent form section titled "Tell us about the case." You must remove all other information from the copy of the OSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative.
- (VI) May I charge for the copies? No, you may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.
(g) Prohibition against discrimination. Wyoming statute 27-11-109(e) of The Occupational Health and Safety Act prohibits you from discriminating against an employee for reporting a work-related fatality, injury or illness. That provision of the Act also protects the employee who files a safety and health complaint, asks for access to the Part 1904 records, or otherwise exercises any rights afforded by the OHS Act.
(h) State recordkeeping regulations. - (i) Basic requirement. Some States operate their own OSHA programs, under the authority of a State Plan approved by OSHA. States operating OSHA-approved State Plans must have occupational injury and illness recording and reporting requirements that are substantially identical to the requirements in this Part (see 29 CFR 1902.3(k), 29 CFR 1952.4 and 29 CFR 1956.10 (i)).
- (ii) Implementation.
- (A) State-Plan States must have the same requirements as Federal OSHA for determining which injuries and illnesses are recordable and how they are recorded.
- (B) For other Part 1904 provisions (for example, industry exemptions, reporting of fatalities and hospitalizations, record retention, or employee involvement), State-Plan State requirements may be more stringent than or supplemental to the Federal requirements, but because of the unique nature of the national recordkeeping program, States must consult with and obtain approval of any such requirements.
- (C) Although State and local government employees are not covered Federally, all State-Plan States must provide coverage, and must develop injury and illness statistics, for these workers. State Plan recording and reporting requirements for State and local government entities may differ from those for the private sector but must meet the requirements of paragraphs (ii)(a) and (b)above.
- (D) A State-Plan State may not issue a variance to a private sector employer and must recognize all variances issued by Federal OSHA.
- (E) A State Plan State may only grant an injury and illness recording and reporting variance to a State or local government employer within the State after obtaining approval to grant the variance from Federal OSHA.
(i) Variances from the recordkeeping rule. - (i) Basic requirement. If you wish to keep records in a different manner from the manner prescribed by these regulations, you may submit a variance petition to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, Washington, DC 20210. You can obtain a variance only if you can show that your alternative recordkeeping system:
- (A) Collects the same information as this Part requires;
- (B) Meets the purposes of the Act; and
- (C) Does not interfere with the administration of the Act.6-23
- (ii) Implementation.
- (A) What do I need to include in my variance petition? You must include the following items in your petition:
- (I) Your name and address;
- (II) A list of the State(s) where the variance would be used;
- (III) The address(es) of the business establishment(s) involved;
- (IV) A description of why you are seeking a variance;
- (V) A description of the different recordkeeping procedures you propose to use;
- (VI) A description of how your proposed procedures will collect the same information as would be collected by this Part and achieve the purpose of the Act; and
- (VII) A statement that you have informed your employees of the petition by giving them or their authorized representative a copy of the petition and by posting a statement summarizing the petition in the same way as notices are posted under Section 7.
- (B) How will the Assistant Secretary handle my variance petition? The Assistant Secretary will take the following steps to process your variance petition.
- (I) The Assistant Secretary will offer your employees and their authorized representatives an opportunity to submit written data, views, and arguments about your variance petition.
- (II) The Assistant Secretary may allow the public to comment on your variance petition by publishing the petition in the Federal Register. If the petition is published, the notice will establish a public comment period and may include a schedule for a public meeting on the petition.
- (III) After reviewing your variance petition and any comments from your employees and the public, the Assistant Secretary will decide whether or not your proposed recordkeeping procedures will meet the purposes of the Act, will not otherwise interfere with the Act, and will provide the same information as these regulations provide. If your procedures me et these criteria, the Assistant Secretary may grant the variance subject to such conditions as he or she finds appropriate.
- (IV) If the Assistant Secretary grants your variance petition, OSHA will publish a notice in the Federal Register to announce the variance. The notice will include the practices the variance allows you to use, any conditions that apply, and the reasons for allowing the variance.
- (C) If I apply for a variance, may I use my proposed recordkeeping procedures while the Assistant Secretary is processing the variance petition? No, alternative recordkeeping practices are only allowed after the variance is approved. You must comply with these regulations while the Assistant Secretary is reviewing your variance petition.
- (D) If I have already been cited by the Department for not following these regulations, will my variance petition have any effect on the citation and penalty? No, in addition, the Assistant Secretary may elect not to review your variance petition if it includes an element for which you have been cited and the citation is still under review by a court, an Administrative Law Judge (ALJ), or the Wyoming Occupational Health and Safety Commission.
- (E) If I receive a variance, may the Assistant Secretary revoke the variance at a later date? Yes, the Assistant Secretary may revoke your variance if he or she has good cause. The procedures revoking a variance will follow the same process as OSHA uses for reviewing variance petitions, as outlined in paragraph 1904.38(b)(2). Except in cases of willfulness or where necessary for public safety, the Assistant Secretary will:
- (I) Notify you in writing of the facts or conduct that may warrant revocation of your variance; and
- (II) Provide you, your employees, and authorized employee representatives with an opportunity to participate in the revocation procedures.