In this module, we'll continue on with an overview of the requirements related to retaining forms, involving employees, access to forms, and safeguards against discrimination.

(18) Paperwork Retention and Updating. How long must I keep records?

You must save:

• OSHA Form 300, Log of Work-Related Injuries and Illnesses,
• privacy case list (if one exists),
• OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, and
• OSHA Form 301, Injury and Illness Incident Reports

1. If the employer discovers a recordable injury or illness that has not previously been recorded, the case must be entered on the forms.



2. If a previously recorded injury or illness turns out, based on later information, not to have been recorded properly, the employer must modify the previous entry.
   
   For example, if the description or outcome of a case changes (a case requiring medical treatment becomes worse and the employee must take days off work to recuperate), the employer must remove or line out the original entry and enter the new information.

• Inform each employee of how they are to report an injury or illness to you.



• Provide limited access to your injury and illness records for your employees and their representatives. Your employees, former employees, their personal representatives, and their authorized collective bargaining representatives have the right to access the OSHA injury and illness records, with some limitations, as below. A personal representative is anybody designated in writing by the employee or former employee. It also is the legal representative of a deceased or legally incapacitated employee.



• When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant OSHA 300 Log(s) by the end of the next business day. You must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, do not record the employee's name on the OSHA 300 Log for certain privacy concern cases.



• When an employee, former employee, or personal representative asks for a copy of the OSHA Form 301 or equivalent describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA Form 301 or equivalent containing that information by the end of the next business day.



• When an authorized employee representative asks for copies of the OSHA Form 301 or equivalent for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days.
  
  You are only required to give the authorized employee representative information from the releasable part of the OSHA Form 301 or equivalent section titled “Tell us about the case” or a similar section. You must remove all other information from the copy of the OSHA Form 301 or equivalent form that you give to the authorized employee representative.



• You may not charge for these copies the first time. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.

• Fatalities 8 hours after occurrence or employer knowledge. Report a fatality only if it occurs within 30 days of the accident.



• Catastrophe (three or more hospitalizations) 8 hours after occurrence or employer knowledge. NOTE: You must report a fatality caused by a heart attack at work. The local OSHA field office safety or health manager will decide whether to investigate the incident, depending on the circumstances of the heart attack.



• Overnight Hospitalization 24 hours after occurrence or employer knowledge. Overnight hospitalization if for medical treatment only. Hospitalization for observation is not reportable, nor is emergency room treatment.

1. The establishment name;
2. The location of the incident;
3. The time of the incident;
4. The number of fatalities or hospitalized employees;
5. The names of any injured employees;
6. Your contact person and his or her phone number; and
7. A brief description of the incident.

• a representative of the Department of Consumer and Business Services.
• a representative of the Secretary of Labor conducting an inspection or investigation under the Act.
• a representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health - NIOSH) conducting an investigation under Section 20(b) of the Act.