August 1, 2025
ShareOsha Recordkeeping 101: Who Must Comply And Why It Matters
Most employers know OSHA exists. Fewer understand they might be required to maintain detailed OSHA injury and illness records—and even fewer realize the consequences of getting OSHA recordkeeping requirements wrong.
The distinction matters more than you might think. OSHA recordkeeping requirements aren’t just bureaucratic paperwork. They form the backbone of workplace safety accountability, create legal obligations that extend well beyond OSHA compliance checks, and generate workplace injury data that can have significant impacts on your organization during an OSHA inspection or workplace injury lawsuit.
But here’s what catches many employers off guard: OSHA recordkeeping rules aren’t universal. Some businesses must maintain meticulous OSHA 300 logs while others face no OSHA recordkeeping obligations at all. The difference often comes down to factors that have nothing to do with how dangerous your workplace actually is.
What are OSHA Recordkeeping Requirements? Understanding the Regulatory Framework
OSHA recordkeeping requirements stem from Section 8(c) of the Occupational Safety and Health Act, which grants OSHA broad authority to require employers to maintain records of work-related injuries and illnesses. This isn’t a suggestion—it’s a federal legal mandate backed by OSHA enforcement authority.
The current OSHA recordkeeping framework, codified in 29 CFR Part 1904, represents decades of workplace safety regulatory evolution. These OSHA recordkeeping rules establish not just what workplace injury records to keep, but how to classify workplace incidents, when to report them to OSHA, and how long to retain OSHA documentation.
OSHA recordkeeping creates a paper trail that serves multiple purposes: OSHA enforcement actions, workers’ compensation claims, workplace injury litigation, and internal safety management programs.
Understanding OSHA recordkeeping requirements is crucial because these rules operate independently from other workplace safety requirements. You might maintain an exemplary safety program and never have a recordable workplace injury, but if you’re required to keep OSHA records and fail to do so properly, you’re still in violation of OSHA requirements.
OSHA Recordkeeping Employee Threshold: Does the 10-Employee Rule Apply to You?
The most fundamental question in OSHA recordkeeping compliance is: how many employees does your business have?
OSHA 10-employee exemption: Generally, employers with 10 or fewer employees are exempt from OSHA recordkeeping requirements. This OSHA small business exemption applies to the total number of employees during the previous calendar year, including full-time, part-time, seasonal, and temporary workers.
The OSHA employee count includes everyone on your payroll, regardless of whether they work at a single location or across multiple business sites. However, the OSHA 10-employee threshold is a starting point, not the final answer for OSHA recordkeeping compliance.
When small businesses must keep OSHA records: Even employers with fewer than 10 employees can find themselves subject to OSHA recordkeeping requirements under specific circumstances, while some larger employers may qualify for partial OSHA exemptions.
The OSHA employee count calculation has timing implications. If your workforce fluctuates seasonally or you’ve recently expanded, you need to know exactly which period OSHA uses for employee calculations and how workforce changes affect ongoing OSHA recordkeeping obligations.
OSHA Industry Exemptions: Low-Hazard Industries and NAICS Codes
Even if you employ more than 10 people, you might still be exempt from OSHA recordkeeping if your business falls within certain OSHA low-hazard industries. OSHA maintains a specific list of exempt industries, identified by North American Industry Classification System (NAICS) codes, that are exempt from routine OSHA recordkeeping requirements.
Which industries are exempt from OSHA recordkeeping? These OSHA industry exemptions reflect OSHA’s recognition that some industries historically experience lower rates of workplace injuries and illnesses. The OSHA exempt industry list includes many retail businesses, service industries, finance companies, and professional service businesses.
Important: The OSHA industry exemption is tied to your primary business activity and NAICS code, not your safety record or your own assessment of workplace hazards.
When OSHA industry exemptions don’t apply: Even OSHA-exempt industries lose their exemption status under certain conditions. OSHA specifically requests that you maintain workplace injury records when you’re subject to specific OSHA standards that require recordkeeping, you experience a workplace fatality or multiple worker hospitalizations, or you’re selected for OSHA’s annual injury and illness survey.
OSHA Multi-Location Recordkeeping: Establishment-by-Establishment Analysis
For businesses operating multiple locations, OSHA recordkeeping obligations can vary from site to site. OSHA recordkeeping rules require separate analysis for each establishment, meaning a company might need to maintain OSHA 300 logs for some locations while being exempt at others.
An “establishment” under OSHA recordkeeping rules typically means a single physical location where business is conducted. This creates OSHA compliance complexity for organizations with diverse operations, franchises, or temporary work sites.
How to count employees for OSHA recordkeeping: You generally count employees at the establishment level, not company-wide, though there are exceptions for temporary work assignments and administrative oversight.
Each location’s OSHA recordkeeping obligations depend on its own employee count, NAICS industry classification, and specific workplace circumstances.
Why OSHA Recordkeeping Compliance Matters: Beyond Avoiding OSHA Fines
The consequences of OSHA recordkeeping violations extend far beyond OSHA monetary penalties. Inadequate or inaccurate OSHA records can undermine your credibility in workers’ compensation proceedings, create evidence problems in workplace injury litigation, signal broader safety management deficiencies to OSHA inspectors and courts, and result in increased OSHA scrutiny and follow-up inspections.
Business benefits of proper OSHA recordkeeping: Companies that view OSHA recordkeeping as mere compliance box-checking miss opportunities to use workplace injury data strategically. Proper OSHA recordkeeping helps identify workplace injury trends and patterns, evaluate safety program effectiveness, demonstrate commitment to worker safety, support insurance and workers’ compensation rate negotiations, and provide data for safety training programs.
Common OSHA Recordkeeping Questions Answered
Q: Do I need to keep OSHA 300 logs if I have no workplace injuries?
A: Yes, if you’re subject to OSHA recordkeeping requirements, you must maintain OSHA 300 logs even during periods with no recordable workplace injuries.
Q: How long must I keep OSHA records?
A: OSHA requires employers to retain workplace injury and illness records for five years following the end of the calendar year to which they relate.
Q: What’s the difference between OSHA recordkeeping and OSHA reporting?
A: OSHA recordkeeping involves maintaining ongoing workplace injury and illness logs using Forms 300, 300A, and 301, while OSHA reporting requires immediate notification to OSHA of specific severe workplace incidents. Employers must report workplace fatalities within 8 hours and in-patient hospitalizations, amputations, or loss of an eye within 24 hours of the incident.
OSHA Recordkeeping Best Practices for Employers
Establish clear OSHA recordkeeping procedures: Develop written procedures for identifying recordable workplace injuries, completing OSHA forms, and maintaining required documentation.
Train responsible employees: Ensure personnel responsible for OSHA recordkeeping understand current requirements and receive regular training updates.
Conduct regular OSHA recordkeeping audits: Periodically review your OSHA records for accuracy, completeness, and compliance with current regulations.
Stay current with OSHA recordkeeping changes: OSHA periodically updates recordkeeping requirements, exemption lists, and reporting procedures.
Looking Ahead: Building an OSHA Recordkeeping Foundation
OSHA recordkeeping represents just the first layer of a complex workplace safety regulatory system. Understanding who must comply with OSHA recordkeeping requirements and why sets the foundation for deeper questions about what workplace incidents to record, how to classify work-related injuries and illnesses, and when additional OSHA reporting obligations apply.
These OSHA recordkeeping fundamentals matter because they determine whether you’re following federal workplace safety law from day one. Get the threshold questions wrong, and everything that follows becomes problematic. Master these OSHA recordkeeping basics, and you’re positioned to build a recordkeeping system that serves both OSHA compliance and business objectives.
Need Help with OSHA Recordkeeping Compliance?
Don’t let OSHA recordkeeping uncertainties put your business at risk. Whether you’re unsure about your recordkeeping obligations, need help establishing compliant procedures, or face OSHA investigations or enforcement actions, experienced legal guidance can make the difference between costly violations and effective compliance.
Contact Gary L. Brown at Kelley Kronenberg for comprehensive OSHA compliance counsel tailored to your business needs.
Gary L. Brown
Partner and Chair, Construction Law Division
Kelley Kronenberg-Tampa, FL
(954) 370-9970
Email
Bio
Gary L. Brown practices occupational safety and health law at Kelley Kronenberg, where he counsels employers on OSHA compliance, workplace safety programs, and regulatory defense matters. He also chairs the firm’s Construction Law Division where he oversees the firm’s statewide construction litigation practice.