Provision of documents requirement

The retaining employer is the employer who is required by this standard to keep the document and therefore must make it available on request. Under 1926.1213 the obligation falls on whatever employer the specific provision in the standard requires to retain the record (the "retaining employer").

• See Provision of documents to Secretary, 1926.1213 for the requirement that retained documents be made available on request.

You must make available every document that this standard requires a retaining employer to keep; 1926.1213 applies to those documents only. The text of 1926.1213 states that "for each document required to be retained in this standard, the retaining employer must make the document available on request to the Secretary of Labor or the Secretary's designee."

• Note: 1926.1213 ties the disclosure duty to documents that are specifically required to be retained under the standard (Subpart AA). Retention requirements and the identity of the retaining employer are set in the individual provisions of the standard itself.

Documents must be made available to the Secretary of Labor or the Secretary's designee when requested. 1926.1213 explicitly requires availability "on request to the Secretary of Labor or the Secretary's designee."

• The Secretary's designee may include OSHA inspectors or other authorized agency representatives acting on the Secretary's behalf.

The retaining employer must produce the documents when the Secretary of Labor or the Secretary's designee requests them. 1926.1213 requires documents be made available "on request," which means the employer must respond to an authorized request promptly.

• The standard does not set a specific number of days for production; timeliness should be sufficient to satisfy the Secretary's request and any inspection needs.
• If a specific timetable is needed during an inspection, OSHA will typically state its expectations through the inspector or designee making the request.

No—1926.1213 does not specify a required format; it only requires that each document required to be retained in the standard be made available on request to the Secretary or the Secretary's designee. See 1926.1213.

• Practical point: because the standard does not limit format, employers may provide paper or electronic versions unless an authorized requester specifies a particular form or format during the request.

1926.1213 requires the retaining employer to make the documents available to the Secretary or the Secretary's designee, but the standard itself does not address or resolve conflicts with other statutes or privacy laws. See 1926.1213.

• If you believe a document contains confidential or legally protected information, raise that concern with the OSHA representative at the time of the request and follow OSHA's procedures for handling confidential business information or privacy issues. The standard does not provide a separate confidentiality exception.

Yes—if a subcontractor is the employer required by the standard to retain a particular document, that subcontractor (the retaining employer) must make that document available on request. 1926.1213 places the duty on the retaining employer.

• In multiemployer worksites, identify which employer (contractor, subcontractor, or other) is designated by the standard to retain each required document; that employer bears the responsibility for producing it to the Secretary or designee.

1926.1213 requires the retaining employer to "make the document available" on request; it does not limit the request to inspection only, so providing copies is an acceptable way to comply. See 1926.1213.

• OSHA commonly asks for copies during inspections; be prepared to provide copies or permit inspection as requested by the Secretary or the Secretary's designee.

If the retaining employer's documents are stored off-site or with a third-party records center, the retaining employer is still responsible for making them available to the Secretary or the Secretary's designee upon request. 1926.1213 places the obligation on the retaining employer.

• Practical steps: maintain a process to retrieve or transmit records promptly (for example, electronic access or rapid delivery) so you can comply with an OSHA request in a timely fashion.

No—1926.1213 does not set retention time periods; it only requires that documents required to be retained under the standard be made available on request. See 1926.1213.

• Retention periods (how long to keep records) are set by the specific provisions in the standard or by other applicable OSHA standards. For example, some standards require written certifications or records to be retained for stated periods; consult the specific provision that requires the document to determine retention obligations.

No—the standard requires the retaining employer to make required documents available to the Secretary of Labor or the Secretary's designee on request. 1926.1213 does not provide an exception for subjective objections to a request.

• If you believe a request is unlawful or beyond OSHA's authority, raise the issue with the OSHA representative and seek legal counsel, but do not unilaterally withhold documents required by the standard without following appropriate legal procedures.

1926.1213 requires that each document required to be retained in the standard be made available to the Secretary of Labor or the Secretary's designee "on request"; it does not limit that obligation to formal inspections only. See 1926.1213.

• In practice, OSHA may request records during inspections, investigations, or other authorized inquiries, and the retaining employer must provide the documents when requested.

The retaining employer remains responsible for making the required documents available even if a third party stores or maintains them. 1926.1213 places the duty on the employer required to retain the document.

• If a consultant or third party holds the records, the employer should have a clear arrangement to obtain and produce those records upon request by the Secretary or the Secretary's designee.

1926.1213 specifically covers documents "required to be retained in this standard," meaning the Subpart AA provisions to which 1926.1213 belongs. It does not by its text extend or limit OSHA's authority to request records required by other OSHA standards. See 1926.1213.

• Employers must also comply with document-production obligations in other OSHA standards when those standards require records or when OSHA requests records pursuant to its general inspection authority.

Employers should keep all documents that the standard requires them to retain organized, indexed, and readily retrievable so they can be made available promptly when requested. 1926.1213 requires that retained documents be made available on request.

• Suggested actions: maintain an index of retained records, designate a contact responsible for producing records, ensure electronic copies are accessible, and have procedures to retrieve off-site records quickly.

If the training records or hazard assessments are documents that a provision of this standard requires the retaining employer to retain, then they must be made available on request under 1926.1213. The provision applies to "each document required to be retained in this standard."

• To determine whether a specific training record or assessment is covered, check the particular provision in Subpart AA that requires that record or assessment; retention and disclosure obligations are tied to those specific provisions.