Providing records to government

Under 1904.40(a), you must provide copies of the Part 1904 records within four (4) business hours after an authorized government representative asks for them.

• This 4-hour clock starts when the authorized representative makes the request.
• Failure to produce the records within that time may be treated as a violation of the record-access requirement. See 29 CFR Part 1904 for the broader recordkeeping framework.

Under 1904.40(b)(1), the authorized representatives who may request Part 1904 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 NIOSH) conducting an investigation under section 20(b) of the Act, and (iii) a representative of a State agency administering an OSHA-approved State plan.

• Each of these representatives has the right to copies of the records you keep under Part 1904. See 1904.40(b)(1)(i)–(iii).

Under 1904.40(b)(2), you may use the business hours of the establishment where the records are located to calculate the four (4) business hour deadline.

• That means if the records sit in a different time zone, the four-hour clock is measured according to the local business hours at the records' location.
• Keep clear documentation of where records are maintained so you can show you calculated the deadline correctly. See 1904.40(b)(2).

Under 1904.40(a), the four (4) business hour requirement applies when an authorized government representative asks for the records, and that request can be oral; the clock begins when the request is made.

• Because oral requests trigger the deadline, treat any in-person or telephone request from an authorized representative as starting the four-hour period.
• For clarity and recordkeeping, document the time and identity of the requester when they make the request. See 1904.40(a).

Under 1904.40(a) and OSHA's interpretation on software-generated forms, you must provide copies of Part 1904 records within four (4) business hours even if they are kept electronically, provided your system can produce equivalent readable forms on request. See OSHA's letter, "Software-generated OSHA recordkeeping forms | 2025-04-29."

• Employers may maintain records electronically, but the system must be able to produce equivalent copies of OSHA Form 300, Form 300A, and Form 301 when requested.
• If your electronic system can generate readable, equivalent forms (e.g., PDF, Excel, CSV), you should supply those within four business hours. See 1904.40(a) and Software-generated OSHA recordkeeping forms.

Under the "Software-generated OSHA recordkeeping forms | 2025-04-29" interpretation, software-generated documents that meet the requirements for equivalent forms in the recordkeeping rules may be used in place of the OSHA Form 300 and Form 300A when complying with access requests under 1904.40.

• An "equivalent form" must contain the same information, be as readable and understandable, and be completed using the same instructions as the OSHA form it replaces.
• If your software produces equivalent forms, you must make them available for inspection and copying when an authorized representative requests them under 1904.40(b). See Software-generated OSHA recordkeeping forms.

Under 1904.40 and OSHA's interpretation on software-generated forms, the employer is responsible for making Part 1904 records available to an authorized government representative within four business hours, even if the records are stored by a third-party vendor or off-site. See "Software-generated OSHA recordkeeping forms | 2025-04-29."

• Maintain processes and agreements with vendors so you can get readable copies quickly (within the 4-hour window).
• Documentation showing where records are kept and how they will be accessed can help demonstrate compliance with 1904.40(a).

Yes. Under 1904.40(b)(1)(ii), a representative of the Secretary of Health and Human Services, including NIOSH, who is conducting an investigation under section 20(b) of the Act has the right to receive copies of Part 1904 records, and 1904.40(a) requires you to provide those copies within four (4) business hours of the request.

• Treat NIOSH requests the same as OSHA inspection requests for the purpose of the 4-hour rule.

Yes. Under 1904.40(b)(1)(iii), a representative of a State agency responsible for administering an OSHA-approved State plan may request Part 1904 records, and 1904.40(a) requires that you provide copies within four (4) business hours of the request.

• State-plan representatives have the same access rights to Part 1904 records as federal representatives under this section.

Under 1904.40 the government may request the records you keep under Part 1904, which include your OSHA Form 300 (Log), Form 300A (Summary), Form 301 (Incident Report), and equivalent forms kept under the Part 1904 requirements. See also OSHA's "Software-generated OSHA recordkeeping forms | 2025-04-29" interpretation confirming that equivalent electronic forms must be made available for inspection and copying.

• If you use equivalent or software-generated forms, they must contain the same information and be as readable as the OSHA forms when provided to an authorized representative.

Under 1904.40 and OSHA's interpretation on software-generated forms, raw CSV data is acceptable only if it produces an "equivalent form" that contains the same information, is as readable and understandable, and is completed using the same instructions as the OSHA form it replaces. See "Software-generated OSHA recordkeeping forms | 2025-04-29."

• If you provide CSV data, ensure it is formatted so the reviewer can readily read and interpret the required OSHA fields (or provide a printable/reader-friendly equivalent like a PDF or Excel printout).
• If your CSV is not immediately readable, provide a converted, labeled equivalent within the 4-hour window.

While 1904.40 specifically covers providing records to government representatives, OSHA's recordkeeping rules also give employees, former employees, and their representatives rights of access under other provisions of Part 1904; the software-generated forms interpretation notes that equivalent forms must be available for inspection and copying as described in the Part 1904 access provisions (see "Software-generated OSHA recordkeeping forms | 2025-04-29").

• Employers should be prepared to provide equivalent readable forms to employees or their representatives under the Part 1904 access rules and to government representatives under 1904.40.

Yes. Under 1904.40(b)(2), OSHA will consider your response timely if you give the records to the government representative within four (4) business hours of the request, and you may use the business hours of the establishment where the records are located when calculating the deadline.

• Practically, that means if the records sit at a remote site with different business hours, measure the four-hour window by that site's business hours.
• Keep records showing the location and business hours used to compute the deadline to demonstrate compliance.

Yes. OSHA's "Software-generated OSHA recordkeeping forms | 2025-04-29" explains that equivalent forms must have the same information, be as readable and understandable, and be completed using the same instructions as the OSHA form they replace. That requirement applies when making records available under 1904.40.

• Ensure your software-generated or other equivalent forms mirror the required OSHA fields and use the same instructions so an authorized representative can readily interpret the records.

Under 1904.40(a) and OSHA's "Software-generated OSHA recordkeeping forms | 2025-04-29" interpretation, you may provide readable electronic copies (for example, PDFs, Excel files, or other equivalent formats) so long as they meet the "equivalent form" requirements and are provided within the four (4) business hour timeframe.

• The key is that the copies are readable, complete, and equivalent to the OSHA forms; email or electronic transfer is acceptable if it results in the authorized representative receiving usable copies within the 4-hour window.
• Retain confirmation (e.g., sent time, delivery receipt) to show you met the time requirement.

Under 1904.40(a), you are required to provide copies within four (4) business hours, so if you cannot meet that deadline you should immediately explain the delay to the authorized representative and provide the records as quickly as possible; OSHA may treat failure to provide records on time as noncompliance. See 1904.40 and OSHA's enforcement guidance on electronic record submission for how OSHA follows up on recordkeeping noncompliance (see the memorandum "Electronic injury record submission enforcement | 2024-04-16").

• Be proactive: document the reason for the delay, show efforts to retrieve the records, and deliver them as soon as possible to reduce the risk of enforcement.
• Keep records of communications and timestamps showing your attempts to comply.

No. OSHA allows employers to keep Part 1904 records electronically instead of printed forms as long as the electronic system can produce equivalent forms when needed to comply with access requirements in Part 1904, and those forms are as readable and understandable as the OSHA forms. See "Software-generated OSHA recordkeeping forms | 2025-04-29" and 1904.40.

• You do not have to print and store paper forms if your electronic system reliably produces equivalent, readable copies within the required timeframes.
• Maintain and test the system so you can produce copies within the 1904.40(a) four-hour requirement.

Under 1904.40 and the February 5, 2025 memorandum, OSHA stated it will not enforce certain COVID-19 specific record requirements adopted under 29 CFR 1910.502, but OSHA will continue to enforce Part 1904 recordkeeping requirements. See "COVID-19 recordkeeping enforcement stay | 2025-02-05".

• If the COVID-19 logs were created solely pursuant to 1910.502 provisions that OSHA is not enforcing, they may not be required records under Part 1904.
• However, Part 1904 recordkeeping obligations continue to apply, so any information that qualifies as a Part 1904 record must still be provided under 1904.40. Consult the stay memo "COVID-19 recordkeeping enforcement stay | 2025-02-05" when deciding whether a specific COVID-related log is covered.

Under 1904.40 and the general Part 1904 recordkeeping rules, employers must keep and provide the Part 1904 records they are required to maintain for the retention periods set in Part 1904; authorized representatives may request copies of those retained records and you must provide them within four business hours of the request. See 29 CFR Part 1904 for retention requirements and 1904.40(a) for the access timing requirement.

• Keep past years' required logs and incident reports for the legally required retention period so you can produce them promptly when requested.

Yes. OSHA's "Software-generated OSHA recordkeeping forms | 2025-04-29" indicates employers may keep records electronically provided the system can produce equivalent forms when needed for access requirements, which means you should have and be able to demonstrate a reliable method for producing those equivalent, readable copies to comply with 1904.40(a).

• Document how to extract/print the OSHA-equivalent forms from your system and test that process periodically so you can meet the four-hour requirement.
• Retain screenshots or procedure documents to show inspectors how to generate the required outputs.

Under 1904.40(b)(1), the right to receive records applies to authorized representatives (for example, a representative of the Secretary of Labor or a State plan representative). It is reasonable and customary to confirm the representative's identity and authority before releasing records, but the regulation requires timely provision of records once an authorized representative has requested them.

• If there is any question about authority, politely request credentials and document the request; do not unnecessarily delay production once authority is confirmed.
• For further guidance on who is an authorized representative, see 1904.40(b)(1).