
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Rules and Regulations]
[Pages 31854-31855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11817]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1904 and 1902

[Docket No. OSHA-2013-0023]
RIN 1218-AC49


Improve Tracking of Workplace Injuries and Illnesses; Correction

AGENCY: Occupational Safety and Health Administration (OSHA), DOL.

ACTION: Final rule; correction.

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SUMMARY: OSHA published in the Federal Register of May 12, 2016, a 
final rule revising its Recording and Reporting Occupational Injuries 
and Illnesses Regulation. In the rule, a paragraph was inadvertently 
removed. This document reinserts that paragraph.

DATES: Effective: August 10, 2016.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Frank Meilinger, 
Office of Communications, Room N-3647, OSHA, U.S. Department of Labor, 
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email: meilinger.francis2@dol.gov.
    For general and technical information: Miriam Schoenbaum, Office of 
Statistical Analysis, Room N-3507, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone (202)693-1841; 
email: schoenbaum.miriam@dol.gov.

SUPPLEMENTARY INFORMATION: OSHA published in the Federal Register of 
May 12, 2016, a final rule revising its Recording and Reporting 
Occupational Injuries and Illnesses regulation (92 FR 29624).
    This document was prepared under the direction of David Michaels, 
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and 
Health. It is issued under Sections 8 and 24 of the Occupational Safety 
and Health Act (29 U.S.C. 657, 673), Section 553 of the Administrative 
Procedure Act (5 U.S.C. 553), and Secretary of Labor's Order No. 41-
2012 (77 FR 3912 (Jan. 25, 2012)).

Need for Correction

    Inadvertently Sec.  1904.35(b)(2) was designated as reserved. This 
document reinserts that paragraph.
    In FR Rule Doc. No. 2016-10443 beginning on page 29624 in the issue 
of May 12, 2016, make the following correction:
    On page 29692, in the first column, after the second paragraph, 
remove ``(2) [Reserved].'' and add the following in its place:
    ``(2) 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.
    (i) Who is an authorized employee representative? An authorized 
employee representative is an authorized collective bargaining agent of 
employees.
    (ii) Who is a ``personal representative'' of an employee or former 
employee? A personal representative is:
    (A) Any person that the employee or former employee designates as 
such, in writing; or
    (B) The legal representative of a deceased or legally incapacitated 
employee or former employee.
    (iii) 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.
    (iv) 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 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 Sec.  
1904.29(b)(6) through (9).
    (v) If an employee or representative asks for access to the OSHA 
301 Incident Report, when do I have to provide it? (A) 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.
    (B) 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 7 calendar days. You are only required to give the authorized 
employee

[[Page 31855]]

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.
    (vi) 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.''

    Signed at Washington, DC, on May 13, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-11817 Filed 5-19-16; 8:45 am]
 BILLING CODE 4510-26-P


