(a) Basic requirement. When an authorized government representative asks for the records you keep under part 1904, you must provide copies of the records within four (4) business hours.
(b) Implementation—(1) What government representatives have the right to get copies of my part 1904 records? The government representatives authorized to receive the records are:
(i) A representative of the Secretary of Labor conducting an inspection or investigation under the Act;
(ii) A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health—NIOSH) conducting an investigation under section 20(b) of the Act, or
(iii) A representative of a State agency responsible for administering a State plan approved under section 18 of the Act.
(2) Do I have to produce the records within four (4) hours if my records are kept at a location in a different time zone? OSHA will consider your response to be timely if you give the records to the government representative within four (4) business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline.
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017]
Notes of Decisions
Startran, Inc. v. Occupational Saf. & Health Review Comm'n, 290 F. App'x 656 (5th Cir. 2008).
· cites it 2× “After the inspection, OSHA requested copies of injury and illness data from StarTran pursuant to 29 C.F.R. § 1904.40 , and issued StarTran a Citation and Notification of Penalty on July 1, 2002.”
Atl. Env't Constr. Co. v. Courtney M. Malveaux, Comm'r, etc., 762 S.E.2d 409 (Va. Ct. App. 2014).
“AEC also received an "other than serious” citation for not providing records pursuant to 29 C.F.R. § 1904.40 (a), but that citation was not pursued in the enforcement action before the circuit court and ultimately was vacated.”
Goforth v. Nevada Power Co., 101 F. Supp. 3d 975 (D. Nev. 2015).
“269 (q)(3)(vii) (conductive device requirements); and 29 C.F.R. § 1904.40 (a) (production of requested documents).”
Packers Sanitation Servs., Inc. v. U.S. Dep't of Labor (11th Cir. 2020).
“Finally, we affirm the ALJ’s determination that Packers committed an other- than-serious violation of 29 C.F.R. § 1904.40 (a), a regulation which requires employers to provide OSHA with copies of the records they “keep under part 1904” within four business hours if OSHA requests…”
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