29 C.F.R. § 1904.4

Recording criteria

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(a) Basic requirement. Each employer required by this part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that:

(1) Is work-related; and

(2) Is a new case; and

(3) Meets one or more of the general recording criteria of § 1904.7 or the application to specific cases of §§ 1904.8 through 1904.12.

(b) Implementation—(1) What sections of this rule describe recording criteria for recording work-related injuries and illnesses? The table below indicates which sections of the rule address each topic.

(i) Determination of work-relatedness. See § 1904.5.

(ii) Determination of a new case. See § 1904.6.

(iii) General recording criteria. See § 1904.7.

(iv) Additional criteria. (Needlestick and sharps injury cases, tuberculosis cases, hearing loss cases, medical removal cases, and musculoskeletal disorder cases). See §§ 1904.8 through 1904.12.

(2) How do I decide whether a particular injury or illness is recordable? The decision tree for recording work-related injuries and illnesses below shows the steps involved in making this determination.

[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91809, Dec. 19, 2016; 82 FR 20548, May 3, 2017]

Notes of Decisions

Cited in 11 cases, 1983–2018 · leading case: Willis v. Nucor Corp.

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Willis v. Nucor Corp. (2008) texapp “See 29 C.F.R. § 1904.4 . Such legally justified conduct cannot, by itself, be evidence of retaliation.”

Publix Super Markets, Inc. v. Tennessee Department of Labor and Workforce Development, Labor Standards Division (2012) tennctapp · cites it 2× “at 993 (quoting 29 C.F.R. § 1904.4 ). An additional regulation provides that the records must be provided “upon request.”

Ann E. McLaughlin Secretary of Labor v. A.B. Chance Company Occupational Safety & Health Review Commission (1988) ca4 “101 is required by 29 C.F.R. § 1904.4 , which provides: In addition to the log of occupational injuries and illnesses provided for under § 1904.”

Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Union Packing Company of Omaha (1983) ca8 “See 29 C.F.R. § 1904.4 (1982). 2 . The workplace must also employ more than ten workers and must not have been inspected within the past fiscal year.”

Herrington v. Daimlerchrysler Corp. (2004) ca6 “29 C.F.R. § 1904.4 (a); 29 C.F.R. § 1904.”

McLaughlin v. Kings Island, Division of Taft Broadcasting Co. (1988) ca6 “29 C.F.R. § 1904.4 . An employer is also required to post at his work site an annual summary of each establishment’s occupational injuries and illnesses, comprised of the year’s totals from OSHA Form 200s.”

Herman v. Tidewater Pacific, Inc. (1998) ca9 “29 C.F.R. § 1904.4 . The Coast Guard regulations do not, therefore, capture the information sought by the Secretary.”

Caterpillar Logistics Services, Inc. v. Solis (2012) ca7 “29 C.F.R. § 1904.4 (a). Another regulation defines a death, illness, or injury as work-related if “the work environment either caused or contributed to the resulting condition”.”

United States v. Mar-Jac Poultry, Inc. (2018) ca11 “29 C.F.R. §§ 1904.4 , 1904.7. The logs contain the employee’s name, job title, date of injury or illness, location where the event occurred, description of the injury or illness, classification of the case, number of days missed, and whether it was an injury or other type of…”

National Engineering & Contracting Co. v. United States Department of Labor Occupational Safety & Health Administration (1989) ohsd “29 C.F.R. § 1904.4 . An employer is also required to post at his work site an annual summary of each establishment’s occupational injuries and illnesses, comprised of the year’s totals from OSHA Form 200s.”

Sturm Ruger v. USA (1999) nhd “See 29 C.F.R. § 1904.4 (1998) (supplemental record of injury or illness as per each establishment must be available); 29 C.”

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