(1) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system in several ways.
(a) You must inform each employee of how he or she is to report an injury or illness to you.
(b) You must provide limited access to your injury and illness records for your employees and their representatives.
(a) What must I do to make sure that employees report work-related injuries and illnesses to me?
• You must set up a way for employees to report work-related injuries and illnesses promptly; and
• You must tell each employee how to report work-related injuries and illnesses to you.
(b) Do I have to give my employees and their representatives access to the OSHA injury and illness records?
Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations, as discussed below.
• Who is an authorized employee representative?
An authorized employee representative is an authorized collective bargaining agent of employees.
• Who is a "personal representative" of an employee or former employee?
A personal representative is:
• Any person that the employee or former employee designates as such, in writing; or
• The legal representative of a deceased or legally incapacitated employee or former employee.
• If an employee or representative asks for access to the OSHA 300 Log, when do I have to provide it?
• 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.
• May I remove the names of the employees or any other information from the OSHA 300 Log before I give copies to an employee, former employee, or employee representative?
No, you must leave the names on the OSHA 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in WAC 296-27-01119
(2)(f) through (i).
• If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it?
• When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA 301 Incident Report containing that information by the end of the next business day.
• When an authorized employee representative asks for copies of the OSHA 301 Incident Reports 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 seven calendar days. You are only required to give the authorized employee representative information from the OSHA 301 Incident Report section titled "Tell us about the case." You must remove all other information from the copy of the OSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative.
• May I charge for the copies?
No, you may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.
[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 . 02-01-064, § 296-27-02111, filed 12/14/01, effective 1/1/02.]