Employee involvement requirements

Under 1904.35(a)(1) you must tell every employee how to report work-related injuries or illnesses and make that information available to them. This requirement is in 1904.35(a)(1).

• Practical ways to meet this requirement include written procedures in an employee handbook, clear posting(s) at the worksite, and job-site or new-hire training that explains exactly who to tell, what to say, and how quickly to report.
• Make sure the reporting steps are simple, spelled out (for example: notify supervisor, call X number, complete form Y), and available in languages your workers understand.

Cite: 1904.35(a)(1).

Under 1904.35(b)(1)(i) a reasonable procedure is one that lets employees report promptly and accurately and does not discourage reporting. The rule is stated in 1904.35(b)(1)(i).

• A reasonable procedure is easy to use, available when employees need it (including after hours or in the field), and does not impose penalties, unreasonable delays, or burdens that would deter reporting.
• Examples of unreasonable requirements include forcing employees to get supervisory approval before reporting, requiring excessive documentation up front, or routing reports through a person who has discouraged reporting in the past.

Cite: 1904.35(b)(1)(i).

Under 1904.35(b)(1)(ii) you must inform each employee of your reporting procedure and do so in a timely, clear way. The requirement appears in 1904.35(b)(1)(ii).

• Give the information at hiring and again if the procedure changes (for example, during safety meetings, written notices, electronic communications, or training).
• Use multiple formats (posted notices, handbooks, toolbox talks) and languages appropriate for your workforce so all employees understand how to report.

Cite: 1904.35(b)(1)(ii).

Under 1904.35(b)(1)(iii) and 1904.35(b)(1)(iv) you must tell employees they have the right to report work-related injuries or illnesses and that you may not discharge or discriminate against them for reporting. Those provisions are at 1904.35(b)(1)(iii) and 1904.35(b)(1)(iv).

• Tell employees explicitly (in writing and verbally) that reporting is their right and that retaliation for reporting is prohibited.
• Keep records showing you provided this information (training rosters, sign-in sheets, or copies of notices) in case you need to demonstrate compliance.

Cite: 1904.35(b)(1)(iii) and 1904.35(b)(1)(iv).

Under 1904.35(b)(1)(iv) you must not discharge or in any manner discriminate against an employee for reporting a work-related injury or illness. The prohibition is set out in 1904.35(b)(1)(iv).

• Employers should avoid any discipline that could be seen as punishment for reporting (such as demotion, pay cuts, reduced hours, or harassment tied to the report).
• If you must take action for independent, documented misconduct unrelated to the report (for example, timecard fraud), document the non-report reasons carefully and apply policies consistently to all employees.

Cite: 1904.35(b)(1)(iv).

Under 1904.35(b)(2)(i) an "authorized employee representative" is an authorized collective bargaining agent of employees. This definition is in 1904.35(b)(2)(i).

• That means a union or other bargaining agent that is authorized to represent employees under a collective bargaining agreement has access rights under the recordkeeping rules.

Cite: 1904.35(b)(2)(i).

Under 1904.35(b)(2)(ii) a "personal representative" is someone the employee designates in writing or the legal representative of a deceased or legally incapacitated employee. See 1904.35(b)(2)(ii).

• To accept a request from a personal representative, employers should verify the written designation or legal documents that establish the representative's status.

Cite: 1904.35(b)(2)(ii).

Under 1904.35(b)(2)(iii) you must give an employee, former employee, personal representative, or authorized employee representative a copy of the relevant current or stored OSHA 300 Log(s) by the end of the next business day. This timing requirement is in 1904.35(b)(2)(iii).

• "Next business day" means the employer must provide the copy no later than the close of business on the next regular business day after the request is received.
• Provide copies for all requested years/locations the requester worked in or represented.

Cite: 1904.35(b)(2)(iii).

Under 1904.35(b)(2)(iv) you may not remove the names from the OSHA 300 Log when giving copies to an employee, former employee, personal representative, or authorized employee representative. The rule is at 1904.35(b)(2)(iv).

• The one exception is that for certain privacy-concern cases you must not record the employee's name on the OSHA 300 Log at all; those exceptions are specified in 1904.29(b)(6) through 1904.29(b)(9).

Cite: 1904.35(b)(2)(iv) and 1904.29(b)(6).

Under 1904.29(b)(6) through 1904.29(b)(9) you may omit an employee's name on the OSHA 300 Log for specific privacy-concern cases identified in those paragraphs. See 1904.29 for the overall recordkeeping requirements.

• These privacy exceptions apply to certain sensitive medical conditions and limited-case categories; when a case meets one of those specific criteria you should not record the employee's name on the 300 Log at all.
• If the case does not meet a privacy exception, you must include the name and must not remove it when providing copies under 1904.35(b)(2)(iv).

Cite: 1904.29(b)(6) and 1904.29(b)(9).

Under 1904.35(b)(2)(v)(A) you must provide an employee, former employee, or personal representative a copy of the OSHA 301 Incident Report describing that individual's injury or illness by the end of the next business day. The timing rule is at 1904.35(b)(2)(v)(A).

• Provide the requested 301 promptly and retain a copy of the request and the copy you provided to document compliance.

Cite: 1904.35(b)(2)(v)(A).

Under 1904.35(b)(2)(v)(B) you must provide an authorized employee representative copies of OSHA 301 Incident Reports for an establishment they represent within 7 calendar days of the request, and under 1904.35(b)(2)(vi) you must only give them the information in the "Tell us about the case" section while removing other information. See 1904.35(b)(2)(v)(B) and the implementation note at 1904.35(b)(2)(vi).

• Give the authorized representative copies within 7 calendar days; include only the "Tell us about the case" portion of the OSHA 301 (or equivalent) and remove any other personally identifying or medical information.
• Keep documentation of the request, the redacted copy provided, and the date you delivered it.

Cite: 1904.35(b)(2)(v)(B) and 1904.35(b)(2)(vi).

Under 1904.35(b)(2)(vi) you may not charge for copies the first time they are provided, but you may assess a reasonable charge for additional copies requested by the same person. The rule is at 1904.35(b)(2)(vi).

• Document the first request and the copies you provided; if the same person requests more copies later, you may charge a reasonable fee for retrieval and copying.
• "Reasonable" is not specifically defined in the rule, so base fees on actual copying and retrieval costs and apply them consistently.

Cite: 1904.35(b)(2)(vi).

Under 1904.35(b)(2) you may keep records electronically or use software-generated equivalent forms as long as the electronic forms meet the equivalency and access requirements in Part 1904. See 1904.35(b)(2) and OSHA's Letter of Interpretation confirming that software-generated documents can substitute for OSHA Forms 300 and 300A if they meet the equivalent-form rules at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29.

• The electronic or software-generated forms must be equivalent in content, readability, and instructions to the OSHA forms so they can be provided when a requester asks for copies.
• Your system must be able to produce the equivalent forms on request so you can meet the timing requirements in 1904.35(b)(2)(iii) and 1904.35(b)(2)(v)(A)/(B).

Cite: 1904.35(b)(2) and Software-generated OSHA recordkeeping forms.

Under 1904.35(b)(2)(iii) you must provide copies of the relevant current or stored OSHA 300 Log(s) for an establishment the requester worked in by the end of the next business day. The rule includes stored logs and is at 1904.35(b)(2)(iii).

• When an employee or former employee requests logs for prior years or stored records for the establishment where they worked, provide those copies promptly (by the next business day).
• Maintain an organized archive so you can retrieve older logs quickly and meet the timing requirement.

Cite: 1904.35(b)(2)(iii).

Under 1904.35(a)(2) you must provide employees with the information described in paragraph 1904.35(b)(1)(iii), which requires telling employees they have the right to report work-related injuries and illnesses and that employers may not discharge or discriminate for reporting. See 1904.35(a)(2).

• In practice, give employees clear statements that (1) they can report work-related injuries and illnesses and (2) retaliation for reporting is prohibited—do this in writing and verbally as part of orientation and whenever procedures change.

Cite: 1904.35(a)(2) and 1904.35(b)(1)(iii).