Union representative access to the OSHA 200 injury log

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

October 7, 1996

Walter A. Jones, MS.
Staff Industrial Hygienist
Safety and Health Department
International Brotherhood of Teamsters, AFL-CIO
[Recipient address omitted]
Dear Mr. Jones:

Thank you for your letter of October 2, asking for a clarification of the rights of a designated employee representative to access an employer's OSHA 200 Log and Summary of Occupational Injuries and Illnesses under the provisions of 29 CFR 1904.7(b)(1) Access to Records.

An employee representative has the same right to access the OSHA 200 Log as an employee or former employee. In the preamble to the final rule that gave OSHA 200 Log access to employees, former employees, and their representatives (see enclosed Federal Register, Vol. 43, No. 141 pp 31324-31329), OSHA stated the intent of the regulation to assure that:

"The log information is made available if requested by any former or current employee or a representative selected by an employee. An employee representative includes, but is not limited to, a labor organization which serves as the collective bargaining representative for the employees."

Furthermore, employees, former employees and/or their representatives have the right to access the entire OSHA 200 Log, including the names of the injured or ill workers. I hope that this information will clear up any confusion regarding the rights of a designated employee representative to access an employers OSHA 200 Log. If you have any additional questions, please call us at Area Code (202) 219-6463.

Sincerely,
Bob Whitmore
Chief
Division of Recordkeeping Requirements