1904 Subpart D
You must keep the OSHA Form 300, the privacy case list (if one exists), the annual summary (OSHA Form 300A), and the OSHA Form 301 for five years after the end of the calendar year that the records cover. See 1904.33(a).
The five-year storage period begins at the end of the calendar year that the records cover. In other words, records for calendar year 2024 must be kept until the end of 2029. See 1904.33(a).
You must save the OSHA 300 Log (OSHA Form 300), the privacy case list (if you have one), the annual summary (OSHA Form 300A), and the OSHA 301 Incident Report forms for five years. See 1904.33(a).
Yes — you must update stored OSHA 300 Logs during the five-year retention period to include newly discovered recordable injuries or illnesses. The rule requires updating the stored log to reflect newly discovered cases. See 1904.33(b)(1).
You must remove or line out the original entry and enter the new information showing the change in description or outcome. That is the required method for reflecting changes on stored OSHA 300 Logs. See 1904.33(b)(1).
No — you are not required to update the annual summary, though you may choose to do so voluntarily if you wish. See 1904.33(b)(2).
No — you are not required to update OSHA Form 301 records during the five-year storage period, but you may update them if you wish. See 1904.33(b)(3).
Yes — if you discover a recordable injury or illness for a year whose OSHA 300 Log is still within the five-year storage period, you must update that stored log to include the newly discovered case. See 1904.33(b)(1).
You should remove or line out the original entry and enter the new classification or description so the log clearly shows the corrected information. This is the method required by the rule for updated entries. See 1904.33(b)(1).
Yes — you can keep required records electronically provided your electronic records meet the equivalence and access requirements in Part 1904. The OSHA Software-generated forms interpretation explains that electronic or software-generated forms are acceptable if they meet the criteria for equivalent forms in 1904.29 and can produce equivalent OSHA Forms 300 and 300A when needed. See the interpretation Software-generated OSHA recordkeeping forms and 1904.33(a).
The system must produce equivalent forms that contain the same information, are as readable and understandable, and are completed using the same instructions as the OSHA forms they replace, and it must be able to provide those records to employees and government representatives as required. OSHA's interpretation on software-generated forms explains these equivalence and access requirements and references the rules in 1904.29(b)(4)–(5) as well as the access requirements in 1904.35 and 1904.40. See the interpretation Software-generated OSHA recordkeeping forms.
Yes — the obligation to update stored OSHA 300 Logs during the five-year retention period applies regardless of whether the records are on paper or electronic. The requirement to update is in 1904.33(b)(1), and OSHA's interpretation confirms that electronic records may be used so long as they remain equivalent and accessible (Software-generated OSHA recordkeeping forms).
The privacy case list must be saved for five years following the end of the calendar year it covers, just like the OSHA 300 Log, as stated in 1904.33(a). However, the specific updating requirement in 1904.33(b)(1) explicitly refers to updating OSHA 300 Logs; employers should retain privacy case lists for five years and ensure they meet access and confidentiality obligations found elsewhere in Part 1904. See 1904.33(a).
Yes — electronic or software-generated records used in place of OSHA forms must be available for inspection and copying by authorized government representatives and must be provided to employees, former employees, and their representatives in accordance with the access requirements. OSHA's interpretation on software-generated forms explains that equivalent electronic forms must be producible to meet the access requirements in 1904.35 and 1904.40. See the interpretation Software-generated OSHA recordkeeping forms and 1904.33(a).
You must remove or line out the original entry and then enter the new information so the correction is visible; the rule explicitly requires removing or lining out the original entry and entering the updated information. See 1904.33(b)(1).
No — you are not required to update OSHA Form 301, even if you update the OSHA 300 Log; 1904.33(b)(3) says you may update Form 301 if you wish but are not required to do so. See 1904.33(b)(3).
Yes — employers may maintain equivalent forms in electronic formats (for example Excel or CSV) provided the electronic records meet the requirements for equivalent forms in 1904.29(b)(4)–(5) and can produce equivalent OSHA Forms when needed; the software-generated forms interpretation confirms this as acceptable. See Software-generated OSHA recordkeeping forms and 1904.33(a).
Yes — although you are not required to update the annual summary or OSHA Form 301 during the five-year storage period, the rule explicitly states that you may update them if you wish. See 1904.33(b)(2) and 1904.33(b)(3).
Keeping records for five years satisfies the retention requirement in 1904.33(a), but separate requirements govern electronic submission of certain records to OSHA (for example, the electronic submission rule discussed in OSHA's enforcement guidance). Employers who must submit records electronically should follow the submission rules and deadlines in [29 CFR 1904.41] (see OSHA’s electronic submission enforcement guidance at https://www.osha.gov/laws-regs/standardinterpretations/2024-04-16). See 1904.33(a) and the interpretation Electronic injury record submission enforcement.
Yes — the updating requirement in 1904.33(b)(1) applies regardless of where or how the log is stored; if the stored log is still within the five-year retention period, you must update it to include newly discovered recordable cases or classification changes. If the log is electronic, OSHA's interpretation on software-generated forms clarifies that electronic records are acceptable provided they can produce equivalent forms and meet access requirements (Software-generated OSHA recordkeeping forms).
The practical difference is that updates to stored OSHA 300 Logs are mandatory during the five-year retention period to reflect newly discovered recordable cases or reclassifications, while updates to the annual summary (OSHA Form 300A) and OSHA Form 301 are optional — you may update them, but you are not required to do so. See 1904.33(b)(1), 1904.33(b)(2), and 1904.33(b)(3).