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29 CFR 1904.35: Employee involvement

Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements

84citations since 2015
70employers cited
4%serious, willful or repeat
$626median penalty per item

OSHA has cited 29 CFR 1904.35 84 times since 2015, against 70 employers. Penalties on these items add up to $122,410 at their current amounts.

Citations per year

The parts of the rule cited most

1904.35(b)(2)(iii) · 23 citations

(iii) If an employee or representative asks for access to the OSHA 300 Log, 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.

1904.35(b)(1)(iv) · 16 citations

(iv) You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.

1904.35(b)(2) · 11 citations

(2) 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.

1904.35(b)(1)(i) · 10 citations

(b) Implementation—(1) What must I do to make sure that employees report work-related injuries and illnesses to me? (i) You must establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness;

1904.35(b)(2)(iv) · 5 citations

(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 § 1904.29(b)(6) through (9).

1904.35(b)(2)(va) · 4 citations

(v) If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it? (A) When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA 301 Incident Report containing that information by the end of the next business day.

1904.35(b)(2)(vb) · 4 citations

(B) When an authorized employee representative asks for 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 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.

1904.35(a)(1) · 3 citations

(1) You must inform each employee of how he or she is to report a work-related injury or illness to you.

Industries cited most

  • Transportation and Warehousing 23
  • Health Care and Social Assistance 19
  • Manufacturing 13
  • Construction 8
  • Public Administration 5
  • Real Estate and Rental and Leasing 3

States cited most

Recently cited employers