[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.4]

[Page 19-20]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1952--APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS--Table of Contents
 
              Subpart A--General Provisions and Conditions
 
Sec. 1952.4  Recordkeeping and reporting requirements.

    (a) States must adopt recordkeeping and reporting regulations which 
are substantially identical to 29 CFR part 1904 ``Recording and 
Reporting Occupational Injuries and Illnesses'' except for Sec. 1904.13 
of this chapter, which provides for variances. However, a State is not 
precluded from imposing stricter recordkeeping requirements; that is, 
requiring records from employers of any number of employees.
    (b) Employer petitions for variances or exceptions to State 
recordkeeping and reporting requirements under an approved plan must be 
obtained from the Bureau of Labor Statistics of the U.S. Department of 
Labor. Therefore, a State may not grant a variance to recordkeeping and 
reporting requirements under their own procedures.
    (c) In order to preserve the uniformity of statistics, a State must 
recognize all variances granted by the Bureau of Labor Statistics.
    (d) A State is not prohibited from requiring supplementary reporting 
or recordkeeping data, but such additional data must be approved by the 
Bureau of Labor Statistics to insure that there will be no interference 
with the primary uniform reporting objectives.
    (e) Data obtained from employers in the periodic survey conducted 
pursuant to 29 CFR 1904.21 (OSHA Form 103 and corresponding State forms) 
shall not be used to identify specific employers for enforcement 
purposes.

[39 FR 29182, Aug. 14, 1974, as amended at 42 FR 38568, July 29, 1977]

    Effective Date Note: At 66 FR 6135, Jan. 19, 2001, Sec. 1952.4 was 
revised, effective Jan. 1, 2002. For the convenience of the user, the 
revised text is set forth as follows:

Sec. 1952.4  Injury and illness recording and reporting requirements.

    (a) Injury and illness recording and reporting requirements 
promulgated by State-Plan States must be substantially identical to 
those in 29 CFR part 1904 ``Recording and Reporting Occupational 
Injuries and Illnesses.'' State-Plan States must promulgate recording 
and reporting requirements that are the same as the Federal requirements 
for determining which injuries and illnesses will be entered into the 
records and how they are entered. All other injury and illness recording 
and reporting requirements that are promulgated by State-Plan States may 
be more stringent than, or supplemental to, the Federal requirements, 
but, because of the unique nature of the national recordkeeping program, 
States must consult with OSHA and

[[Page 20]]

obtain approval of such additional or more stringent reporting and 
recording requirements to ensure that they will not interfere with 
uniform reporting objectives. State-Plan States must extend the scope of 
their regulation to State and local government employers.
    (b) A State may not grant a variance to the injury and illness 
recording and reporting requirements for private sector employers. Such 
variances may only be granted by Federal OSHA to assure nationally 
consistent workplace injury and illness statistics. A State may only 
grant a variance to the injury and illness recording and reporting 
requirements for State or local government entities in that State after 
obtaining approval from Federal OSHA.
    (c) A State must recognize any variance issued by Federal OSHA.
    (d) A State may, but is not required, to participate in the Annual 
OSHA Injury/Illness Survey as authorized by 29 CFR 1904.41. A 
participating State may either adopt requirements identical to 1904.41 
in its recording and reporting regulation as an enforceable State 
requirement, or may defer to the Federal regulation for enforcement. 
Nothing in any State plan shall affect the duties of employers to comply 
with 1904.41, when surveyed, as provided by section 18(c)(7) of the Act.