Providing Records to Government Representatives

When an authorized government representative requests records the city maintains under OSHA/TOSHA recordkeeping requirements, the city must provide copies within four business hours of the request. This requirement applies to the OSHA/TOSHA 300 Log, the OSHA/TOSHA 300A Annual Summary, OSHA/TOSHA 301 Incident Reports or equivalent forms, and the privacy-case list, if applicable.

Government representatives authorized to receive these records include:

• A representative of the U.S. Secretary of Labor conducting an inspection or investigation under the Occupational Safety and Health Act.
• A representative of the U.S. Secretary of Health and Human Services, including the National Institute for Occupational Safety and Health (NIOSH), conducting an authorized investigation.
• A representative of a state agency responsible for administering an OSHA-approved state plan, including the Tennessee Occupational Safety and Health Administration (TOSHA).

If records are maintained at a location in a different time zone, the four-business-hour period is calculated based on the business hours of the establishment where the records are stored.

Electronic Submission to OSHA
Certain establishments must electronically submit specified injury and illness information to OSHA through OSHA’s Injury Tracking Application. The reporting obligation depends on the establishment’s size and industry classification.

Generally, establishments that had 20 to 249 employees during the previous calendar year and are in designated high-hazard industries must electronically submit information from OSHA Form 300A. Establishments with 250 or more employees that are required to keep OSHA injury and illness records must also submit Form 300A information. In addition, establishments with 100 or more employees in certain designated industries must submit information from OSHA Forms 300 and 301, as well as Form 300A information. Required information must generally be submitted electronically by March 2 of the year following the calendar year covered by the forms.

The city should confirm whether its establishments are subject to OSHA’s electronic-submission requirements. These requirements are establishment-specific and depend on the applicable North American Industry Classification System (NAICS) code, employee count, and whether Tennessee’s TOSHA program has adopted or administers the applicable electronic-reporting requirements.

Bureau of Labor Statistics Surveys
The U.S. Bureau of Labor Statistics, or its designee, may send a Survey of Occupational Injuries and Illnesses to selected employers. If the city receives a survey, it must promptly complete and return the survey in accordance with the instructions included with it.

The city must respond to a BLS survey even if it is located in a state-plan state such as Tennessee. If BLS notifies an otherwise exempt employer that it will collect injury and illness information for a specified year, that employer must keep the required records and submit the requested survey information for that year.