Subpart I
Federal agencies must keep those old recordkeeping records for five years after the year they cover. For example, records that relate to 2004 must be retained through the end of 2009 under 1960.69.
No — agencies are not required to update or convert the old forms to the newer OSHA Form 300 or Form 301. The rule explicitly says agencies must retain copies of the older records but are "not required to update the old forms" as stated in 1960.69.
Yes — agencies must provide access to the data in the same manner as if the records were OSHA Form 300 (Log) and Form 301 (Incident Report). The rule requires agencies to "continue to provide access to the data as though these forms were the OSHA Form 300 Log and Form 301 Incident Report" in 1960.69.
Yes — the rule requires retention of copies of the records used under the pre‑2005 system for five years, and it does not limit retention by format, so electronic copies may satisfy the requirement. See 1960.69.
All recordkeeping records that were used under the system in effect prior to January 1, 2005 are covered — not just direct Form 300/301 equivalents. The regulation says federal agencies must retain "copies of the recordkeeping records utilized under the system in effect prior to January 1, 2005" for five years, per 1960.69.
Yes — if the older records were part of the system used prior to January 1, 2005, the agency must retain copies for five years after the year they relate to, even if the agency later switched systems. This retention obligation comes from 1960.69.
You should retain records beyond the five‑year period when required by other laws, regulations, or ongoing claims; otherwise, the rule allows destruction after the five‑year period. 1960.69 sets the basic five‑year retention, but agencies must keep records longer when other legal or investigative needs require it (for example, litigation holds or other statutory retention periods).
No — 1960.69 applies to federal agencies' obligations to retain their own pre‑2005 records; contractor employers remain responsible for their own recordkeeping and retention for their employees. The regulation requires "Federal agencies must retain copies of the recordkeeping records" per 1960.69, and contractor records are governed by the contractor's duties and applicable OSHA standards.
The rule requires agencies to "continue to provide access to the data as though these forms were the OSHA Form 300 Log and Form 301 Incident Report," but it does not prescribe a specific method — agencies can provide paper or electronic access as long as the data are made available in a way comparable to those OSHA forms. See 1960.69.
The five‑year period is measured from the year to which the records relate (generally the calendar year), so retention extends for five years following that year. This interpretation follows the plain wording of 1960.69; for example, a record relating to calendar year 2002 should be kept through the end of 2007.
No — simply having incomplete or unusable copies can fail to meet the requirement to retain copies and provide access; agencies must retain legible, usable copies so the data can be accessed as though they were OSHA Form 300 and 301 entries. See 1960.69. For enforcement and practical recordkeeping guidance, agencies should follow general federal recordkeeping practices under 1960.
No — 1960.69 addresses retention of records used under the pre‑2005 system; for records created after 2004, agencies must follow the applicable federal recordkeeping rules and any specific OSHA recordkeeping requirements that apply to federal agencies (see 1960). If a federal workplace must follow 29 CFR 1904 requirements, that standard and related enforcement guidance (for example, recordkeeping enforcement procedures) will apply to newer records.
1960.69 specifically addresses retention of records used under the system prior to January 1, 2005 and requires agencies to retain copies of those records for five years and provide access as though they were OSHA Form 300 and Form 301; it does not separately change other record retention obligations such as any requirements for Form 300A where applicable. See 1960.69 and broader 1960 program requirements.
The agency itself bears the responsibility to retain and provide access to the records; operational responsibility is typically delegated within the agency OSH program as required by general federal OSH program rules in 1960. The regulation 1960.69 obligates federal agencies to retain the copies and provide access.