BLS data request procedures

Under 1904.42(a), you must promptly complete the BLS survey form and return it following the instructions printed on the survey form. The regulation is explicit that completion and return must follow the form’s directions, so read the form carefully and provide the requested data.

• See the basic requirement in 1904.42(a).
• If anything on the form is unclear, contact the BLS or the BLS designee listed on the form for instructions before submitting.

Under 1904.42(b)(1), no—only employers who are sent a survey form by the BLS (or a BLS designee) must respond; BLS surveys are sent to a randomly selected sample of employers each year.

• The BLS uses the sampled responses to create national statistics, so not every employer receives a survey every year.
• See 1904.42(b)(1).

Under 1904.42(b)(2), "promptly" means you must complete and return the survey following the instructions on the survey form without unnecessary delay.

• The regulation requires timely completion but delegates specific timing and submission instructions to the survey form itself, so follow the deadlines and methods (mail, fax, electronic) printed on the form. See 1904.42(b)(2).
• If you cannot meet the deadline or need clarification, contact the BLS or the BLS designee identified on the form immediately for guidance.

Under 1904.42(b)(3), yes—if the BLS notifies you in writing that it will collect injury and illness information from you for a given year, you must keep the injury and illness records required by 1904.5 to 1904.15 and you must make the survey report for the year covered by the survey.

• This means a temporary obligation to maintain the required records for the survey year even if your establishment is otherwise exempt from routine OSHA recordkeeping.
• See 1904.42(b)(3).

Under 1904.42(b)(4), yes—employers located in State-Plan States must respond to BLS survey forms if they receive one.

• The rule applies uniformly to employers in federal OSHA states and State-Plan states: if you are sent a BLS survey, you are required to reply.
• See 1904.42(b)(4).

Under 1904.42(b)(3), if the BLS tells you it will collect data from you, you must keep the injury and illness records required by 1904.5 through 1904.15.

• Those sections cover: determining work-relatedness (see 1904.5), definitions and new-case rules (see 1904.6), and the general recording criteria and forms requirements (see 1904.7 and [1904.29–1904.32] — note that equivalent forms guidance is in OSHA interpretations).
• If you need detailed guidance on what each of those sections requires, review the linked sections of Part 1904 and keep the forms or equivalent records that those sections require.

Under 1904.42 and OSHA guidance, you may use electronic or software-generated records that are equivalent to OSHA forms, provided they meet OSHA’s equivalence requirements and you follow the BLS survey instructions when reporting.

• OSHA’s Letter of Interpretation on software-generated forms explains that documents generated by software can substitute for OSHA Forms 300 and 300A if the electronic forms meet the equivalence requirements described in OSHA’s recordkeeping guidance; see the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29.
• You must still complete the BLS survey as directed on the survey form; if the BLS requires a particular format or data fields, follow the BLS instructions in addition to maintaining OSHA-equivalent records.
• See 1904.42(a) and the OSHA interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29 for details on electronic/equivalent forms.

Under 1904.42, you must still follow the instructions on the survey form and provide the information you have; if records are missing, promptly contact the BLS or BLS designee listed on the form to explain the situation and ask how to proceed.

• The regulation requires completion of the survey following its instructions, so documenting what you can provide and communicating gaps to the BLS is the practical step.
• See 1904.42(a) and 1904.42(b)(2).

Under 1904.42(b)(1)-(2), if you received a BLS survey you must treat it as valid and promptly complete it according to the survey instructions; if you believe it was sent in error, contact the BLS or the BLS designee identified on the form to resolve the issue.

• The rule says the BLS sends forms to randomly selected employers and that you must return the form if you receive it; challenging the selection does not relieve you of the obligation to respond until BLS confirms otherwise.
• See 1904.42(b)(1) and 1904.42(b)(2).

Under 1904.42(a), the employer is responsible for completing and returning the survey, but the regulation allows the employer to follow the survey form’s instructions — which may permit completion by an authorized representative such as a consultant — as long as the form is completed accurately and returned per the instructions.

• If you use a consultant or third-party designee, document their authorization and ensure the information provided is accurate and based on your records.
• See 1904.42(a).

Under 1904.42, the requirement applies to the employer or establishment that receives the BLS survey form, and you must complete the form following its instructions; if the form requests multi-establishment data, follow the BLS instructions for reporting across sites.

• BLS forms often specify whether data should be reported at the establishment level or consolidated; follow the form’s directions exactly.
• See 1904.42(b)(1) and the instructions on the survey you receive.

Under 1904.42, you must follow the instructions on the BLS survey form when completing and returning it; if the survey requests personally identifiable information, follow the form’s directions and any privacy instructions provided by the BLS, or contact the BLS designee for clarification.

• OSHA’s regulation requires responding to the survey but does not itself specify privacy rules for BLS data collection; the BLS form will state what identifiers are required and any confidentiality protections.
• See 1904.42(a).

Under 1904.42(a) and 1904.42(b)(2), no—if you receive a BLS survey form you are required to promptly complete and return it following the survey’s instructions; refusal to respond is not permitted under the regulation.

• If you have concerns about particular data items or legal questions (for example, confidentiality or supplier agreements), raise them with the BLS contact shown on the form.
• See 1904.42(a) and 1904.42(b)(2).

Under 1904.42, you should follow the contact information and assistance instructions on the BLS survey form and contact the BLS or the BLS designee listed on the form if you need help.

• The regulation directs you to complete the form and follow the instructions contained on the survey; those instructions include contact points for questions or clarifications.
• See 1904.42(a) and 1904.42(b)(2).

Under 1904.42 together with OSHA’s interpretation on software-generated forms, electronic recordkeeping systems can be used to produce equivalent OSHA records and reports, but you must ensure the generated documents meet equivalence requirements and you must still provide whatever format the BLS survey requires.

• OSHA’s Letter of Interpretation on software-generated forms explains that software-generated documents may substitute for OSHA Forms 300 and 300A if they are equivalent in content, readability, and use; see https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29.
• Even when using electronic systems, complete the BLS survey as instructed; if the BLS requires a specific format, follow the survey’s submission directions.
• See 1904.42(a).

Under 1904.42(b)(3), if the BLS informs you in writing it will collect injury and illness information from you in the coming year, you must keep the injury and illness records required by 1904.5–1904.15 for the year covered by the survey; that generally means you must maintain records for the survey period specified in the BLS notice.

• Follow the BLS notification for the specific time period covered and ensure you maintain the required records for that year.
• See 1904.42(b)(3).

Under 1904.42, yes—submission to OSHA’s electronic injury records system does not replace the BLS survey obligation; if you receive a BLS survey form you must complete and return it according to the survey instructions.

• OSHA’s electronic submission requirements are separate and concern submissions to OSHA; the BLS survey is a distinct data collection and must be answered if you receive it.
• See 1904.42(a) and 1904.42(b)(2).

Under 1904.42, you must follow the survey instructions when providing data to the BLS; if your payroll or HR system can produce the required information and the BLS accepts that format, you may provide such exports — but make sure exported records accurately reflect the injury and illness records required by 1904.5–1904.15.

• If you use third-party systems, confirm that exported reports meet BLS data fields and that the exports are accurate and complete.
• See 1904.42(a) and 1904.42(b)(3).

Under 1904.42(b)(3), if the BLS notifies you that it will collect injury and illness information from you in the coming year, you must begin keeping the injury and illness records required by 1904.5–1904.15 and prepare the survey report for the indicated year.

• Start maintaining the required logs and forms for the survey year and gather any historical material the BLS requests for that period.
• If you have questions about how to set up compliant recordkeeping, consider using OSHA guidance and the equivalence guidance in the software-generated forms interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29.