Code of Vermont Rules
Agency 24 - DEPARTMENT OF LABOR
Sub-Agency 050 - VERMONT OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
Chapter 016 - 29 CFR 1904, UPDATES AND IMPROVEMENTS IN RECORDKEEPING
Section 24 050 016 - 29 CFR 1904, UPDATES AND IMPROVEMENTS IN RECORDKEEPING

Universal Citation: VT Code of Rules 24 050 016

Current through August, 2024

PART NUMBER: 1904

PART TITLE: RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESS

Subpart: D

Subpart Title: Other OSHA injury and Illness Recordkeeping Requirements

§ 1904.35 Employee involvement.

(a) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in several ways.
(1) You must inform each employee of how he or she is to report a work-related injury or illness to you.

(2) You must provide employees with the information described in paragraph (b)(1)(iii) of this section.

(3) You must provide access to your injury and illness records for your employees and their representatives as described in paragraph (b)(2) of this section.

(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;

(ii) You must inform each employee of your procedure for reporting work-related injuries and illnesses;

(iii) You must inform each employee that:
(A) Employees have the right to report work-related injuries and illnesses; and

(B) Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses; and

(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)(i)

Who is an authorized employee representative? An authorized employee representative is an authorized collective bargaining agent of employees.

1904.35(b)(2)(ii)

Who is a "personal representative" of an employee or former employee? A personal representative is:

1904.35(b)(2)(ii)(A)

Any person that the employee or former employee designates as such, in writing; or

1904.35(b)(2)(ii)(B)

The legal representative of a deceased or legally incapacitated employee or former employee.

1904.35(b)(2)(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)(2)(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 1904.29(b)(6) through 1904.29(b)(9).

1904.35(b)(2)(v)

If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it?

1904.35(b)(2)(v)(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)(v)(B)

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 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(b)(2)(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.

§ 1904.36 Prohibition against Discrimination.

In addition to § 1904.35, section 11(c) of the OSH Act also 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 OSH Act.

Subpart: E

Subpart Title: Reporting Fatality, Injury and Illness Information to the Government

§ 1904.41 Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA.

1904.41(a)(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 WorkRelated 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.

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. 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.

1904.41(a)(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.

1904.41(a)(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.

1904.41(b)

Implementation -

1904.41(b)(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.

1904.41(b)(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.

1904.41(b)(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.

1904.41(b)(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.

1904.41(b)(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.

1904.41(b)(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.

1904.41(b)(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.

1904.41(b)(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).

1904.41(b)(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).

1904.41(b)(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.

1904.41(c) Reporting dates.
(c) 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).

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

11 Agriculture, Forestry, Fishing and Hunting.

22 Utilities.

23 Construction.

31-33 Manufacturing.

42 Wholesale Trade.

4413 Automotive Parts, Accessories, and Tire Stores.

4421 Furniture Stores.

4422 Home Furnishings Stores.

4441 Building Material and Supplies Dealers.

4442 Lawn and Garden Equipment and Supplies Stores.

4451 Grocery Stores.

4452 Specialty Food Stores.

4522 Department Stores.

4523 General Merchandise Stores, including Warehouse Clubs and Supercenters.

4533 Used Merchandise Stores.

4542 Vending Machine Operators.

4543 Direct Selling Establishments.

4811 Scheduled Air Transportation.

4841 General Freight Trucking.

4842 Specialized Freight Trucking.

4851 Urban Transit Systems.

4852 Interurban and Rural Bus Transportation.

4853 Taxi and Limousine Service.

4854 School and Employee Bus Transportation.

4855 Charter Bus Industry.

4859 Other Transit and Ground Passenger Transportation.

4871 Scenic and Sightseeing Transportation, Land.

4881 Support Activities for Air Transportation.

4882 Support Activities for Rail Transportation.

4883 Support Activities for Water Transportation.

4884 Support Activities for Road Transportation.

4889 Other Support Activities for Transportation.

4911 Postal Service.

4921 Couriers and Express Delivery Services.

4922 Local Messengers and Local Delivery.

4931 Warehousing and Storage.

5152 Cable and Other Subscription Programming.

5311 Lessors of Real Estate.

5321 Automotive Equipment Rental and Leasing.

5322 Consumer Goods Rental.

5323 General Rental Centers.

5617 Services to Buildings and Dwellings.

5621 Waste Collection.

5622 Waste Treatment and Disposal.

5629 Remediation and Other Waste Management Services.

6219 Other Ambulatory Health Care Services.

6221 General Medical and Surgical Hospitals.

6222 Psychiatric and Substance Abuse Hospitals.

6223 Specialty (except Psychiatric and Substance Abuse) Hospitals.

6231 Nursing Care Facilities (Skilled Nursing Facilities).

6232 Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.

6233 Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly

6239 Other Residential Care Facilities.

6242 Community Food and Housing, and Emergency and Other Relief Services.

6243 Vocational Rehabilitation Services.

7111 Performing Arts Companies.

7112 Spectator Sports.

7121 Museums, Historical Sites, and Similar Institutions.

7131 Amusement Parks and Arcades.

7132 Gambling Industries.

7211 Traveler Accommodation.

7212 RV (Recreational Vehicle) Parks and Recreational Camps.

7223 Special Food Services.

8113 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.

8123 Drycleaning and Laundry Services.

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

1111 Oilseed and Grain Farming.

1112 Vegetable and Melon Farming.

1113 Fruit and Tree Nut Farming.

1114 Greenhouse, Nursery, and Floriculture Production.

1119 Other Crop Farming.

1121 Cattle Ranching and Farming.

1122 Hog and Pig Farming.

1123 Poultry and Egg Production.

1129 Other Animal Production.

1133 Logging.

1141 Fishing.

1142 Hunting and Trapping.

1151 Support Activities for Crop Production.

1152 Support Activities for Animal Production.

1153 Support Activities for Forestry.

2213 Water, Sewage and Other Systems.

2381 Foundation, Structure, and Building Exterior Contractors.

3111 Animal Food Manufacturing.

3113 Sugar and Confectionery Product Manufacturing.

3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing.

3115 Dairy Product Manufacturing.

3116 Animal Slaughtering and Processing.

3117 Seafood Product Preparation and Packaging.

3118 Bakeries and Tortilla Manufacturing.

3119 Other Food Manufacturing.

3121 Beverage Manufacturing.

3161 Leather and Hide Tanning and Finishing.

3162 Footwear Manufacturing.

3211 Sawmills and Wood Preservation.

3212 Veneer, Plywood, and Engineered Wood Product Manufacturing.

3219 Other Wood Product Manufacturing.

3261 Plastics Product Manufacturing.

3262 Rubber Product Manufacturing.

3271 Clay Product and Refractory Manufacturing.

3272 Glass and Glass Product Manufacturing.

3273 Cement and Concrete Product Manufacturing.

3279 Other Nonmetallic Mineral Product Manufacturing.

3312 Steel Product Manufacturing from Purchased Steel.

3314 Nonferrous Metal (except Aluminum) Production and Processing.

3315 Foundries.

3321 Forging and Stamping.

3323 Architectural and Structural Metals Manufacturing.

3324 Boiler, Tank, and Shipping Container Manufacturing.

3325 Hardware Manufacturing.

3326 Spring and Wire Product Manufacturing.

3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing.

3328 Coating, Engraving, Heat Treating, and Allied Activities.

3331 Agriculture, Construction, and Mining Machinery Manufacturing.

3335 Metalworking Machinery Manufacturing.

3361 Motor Vehicle Manufacturing.

3362 Motor Vehicle Body and Trailer Manufacturing.

3363 Motor Vehicle Parts Manufacturing.

3366 Ship and Boat Building.

3371 Household and Institutional Furniture and Kitchen Cabinet Manufacturing.

3372 Office Furniture (including Fixtures) Manufacturing.

3379 Other Furniture Related Product Manufacturing.

4231 Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers.

4233 Lumber and Other Construction Materials Merchant Wholesalers.

4235 Metal and Mineral (except Petroleum) Merchant Wholesalers.

4239 Miscellaneous Durable Goods Merchant Wholesalers.

4244 Grocery and Related Product Merchant Wholesalers.

4248 Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers.

4413 Automotive Parts, Accessories, and Tire Stores.

4422 Home Furnishings Stores.

4441 Building Material and Supplies Dealers.

4442 Lawn and Garden Equipment and Supplies Stores.

4451 Grocery Stores.

4522 Department Stores.

4523 General Merchandise Stores, including Warehouse Clubs and Supercenters.

4533 Used Merchandise Stores.

4543 Direct Selling Establishments.

4811 Scheduled Air Transportation.

4841 General Freight Trucking.

4842 Specialized Freight Trucking.

4851 Urban Transit Systems.

4852 Interurban and Rural Bus Transportation.

4853 Taxi and Limousine Service.

4854 School and Employee Bus Transportation.

4859 Other Transit and Ground Passenger Transportation.

4871 Scenic and Sightseeing Transportation, Land.

4881 Support Activities for Air Transportation.

4883 Support Activities for Water Transportation.

4889 Other Support Activities for Transportation.

4911 Postal Service.

4921 Couriers and Express Delivery Services.

4931 Warehousing and Storage.

5322 Consumer Goods Rental.

5621 Waste Collection.

5622 Waste Treatment and Disposal.

6219 Other Ambulatory Health Care Services.

6221 General Medical and Surgical Hospitals.

6222 Psychiatric and Substance Abuse Hospitals.

6223 Specialty (except Psychiatric and Substance Abuse) Hospitals.

6231 Nursing Care Facilities (Skilled Nursing Facilities).

6232 Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.

6233 Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly.

6239 Other Residential Care Facilities.

6243 Vocational Rehabilitation Services.

7111 Performing Arts Companies.

7112 Spectator Sports.

7131 Amusement Parks and Arcades.

7211 Traveler Accommodation.

7212 RV (Recreational Vehicle) Parks and Recreational Camps.

7223 Special Food Services.

STATUTORY AUTHORITY:

21 V.S.A. §§ 201, 204, 224

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