C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements

29 C.F.R. § 1904.33

Retention and updating

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(a) Basic requirement. You must save the OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that these records cover.

(b) Implementation—(1) 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.

(2) 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.

(3) Do I have to update the OSHA 301 Incident Reports? No, you are not required to update the OSHA 301 Incident Reports, but you may do so if you wish.

[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017]
Notes of Decisions
Cited in 2 cases, 2012–2020 · leading case: Akm LLC v. Sec'y of Labor, Dept. of Labor, 675 F.3d 752 (D.C. Cir. 2012).
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Akm LLC v. Sec'y of Labor, Dept. of Labor, 675 F.3d 752 (D.C. Cir. 2012). · cites it 14× “Volks was not cited for any violation of the requirement in 29 C.F.R. § 1904.33 (a) that it "save" the forms and the log for five years.”
The Ctr. for Investigative Reporting v. United States Dep't of Labor (N.D. Cal. 2020). “29 C.F.R. § 1904.33 . Employers are required to provide copies of these 9 illness and injury records to current employees, former employers, and the employees’ 10 representatives.”
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