[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1904.37]

[Page 60]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
Part 1904_Recording and Reporting Occupational Injuries and Illnesses
--Table of Contents
 
   Subpart D_Other OSHA Injury and Illness Recordkeeping Requirements
 
Sec. 1904.37  State recordkeeping regulations.

    (a) Basic requirement. Some States operate their own OSHA programs, 
under the authority of a State Plan approved by OSHA. States operating 
OSHA-approved State Plans must have occupational injury and illness 
recording and reporting requirements that are substantially identical to 
the requirements in this Part (see 29 CFR 1902.3(k), 29 CFR 1952.4 and 
29 CFR 1956.10(i)).
    (b) Implementation. (1) State-Plan States must have the same 
requirements as Federal OSHA for determining which injuries and 
illnesses are recordable and how they are recorded.
    (2) For other Part 1904 provisions (for example, industry 
exemptions, reporting of fatalities and hospitalizations, record 
retention, or employee involvement), State-Plan State requirements 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 and obtain approval of any such requirements.
    (3) Although State and local government employees are not covered 
Federally, all State-Plan States must provide coverage, and must develop 
injury and illness statistics, for these workers. State Plan recording 
and reporting requirements for State and local government entities may 
differ from those for the private sector but must meet the requirements 
of paragraphs 1904.37(b)(1) and (b)(2).
    (4) A State-Plan State may not issue a variance to a private sector 
employer and must recognize all variances issued by Federal OSHA.
    (5) A State Plan State may only grant an injury and illness 
recording and reporting variance to a State or local government employer 
within the State after obtaining approval to grant the variance from 
Federal OSHA.