SUPPLEMENTARY INFORMATION:

The OSH Act of 1970 requires the Secretary of Labor to produce regulations that require employers to keep records of occupational deaths, injuries, and illnesses. Executive Order 12196 requires Federal establishments to, “Operate an occupational safety and health management information system, which shall include the maintenance of such records as the Secretary may require.”

The records are used for several purposes. Employers and employees use the records to implement safety and health programs at individual workplaces. Analysis of the data is a widely recognized method for discovering workplace safety and health problems and tracking progress in solving those problems. OSHA uses the injury and illness statistics to help direct its programs and measure its own performance. Also, individuals conducting safety and health evaluations and inspections use the data to help direct their efforts to the hazards that are hurting workers.

The rule, 29 CFR 1960.66, contains a “note” making it clear that recording or reporting a work-related injury, illness, or fatality does not constitute an admission that the Federal agency or an individual was at fault or otherwise responsible for purposes of liability. Such recording or reporting does not constitute an admission of the existence of an employer-employee relationship between the individual recording the injury and the injured individual. Recording or reporting any such injury, illness, or fatality does not mean that an OSHA rule has been violated or that the individual in question is eligible for workers' compensation or any other benefits.