Ill. Admin. Code tit. 56, § 350.390 - Employee Involvement
a)
Basic Requirement
Employees and their representatives must be involved in the recordkeeping system in several ways.
1) The employer must inform each employee of
how to report an injury or illness to the employer.
2) The employer must provide limited access
to its injury and illness records for its employees and their
representatives.
b)
Implementation
1) The employer must establish
a process for employees to report work-related injuries and illnesses promptly
and must inform each employee regarding the process to report work-related
injuries and illnesses.
2) The
employer must give its employees and their representatives access to the OSHA
injury and illness records. Employees, former employees, their personal
representatives, and their authorized employee representatives have the right
to access the injury and illness records, with the limitations provided in this
subsection (b).
3) An authorized
employee representative means an authorized collective bargaining agent of
employees.
4) 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.
5) When an employee, former employee,
personal representative, or authorized employee representative asks for copies
of the current or stored OSHA Form 300 for an establishment the employee or
former employee has worked in, the employer must give the requester a copy of
the relevant OSHA Form 300s by the end of the next business day.
6) Privacy
A) The employer shall not remove the names of
the employees or any other information from the OSHA Form 300 before giving
copies to an employee, former employee, personal representative, or employee
representative. However, to protect the privacy of injured and ill employees,
the employer shall not record the employee's name on the OSHA Form 300 for
privacy concern cases (see Section
350.340(b))
.
B) When an employee, former
employee, or personal representative asks for a copy of the OSHA Form 301
(Injury and Illness Incident Report) describing an injury or illness to the
employee or former employee, the employer shall give the requester a copy of
the OSHA Form 301 (Injury and Illness Incident Report) containing that
information by the end of the next business day. When an authorized employee
representative asks for copies of the OSHA Form 301s (Injury and Illness
Incident Report) for an establishment where the authorized employee
representative represents employees under a collective bargaining agreement,
the employer shall give copies of those forms to the authorized employee
representative within 7 calendar days. The employer is only required to give
the authorized employee representative information from the OSHA 301 (Injury
and Illness Incident Report) section titled "Tell us about the case". The
employer shall remove all other information from the copy of the OSHA Form 301
(Injury and Illness Incident Report) or the equivalent substitute form given to
the authorized employee representative.
7) The employer shall not charge for copies
of OSHA reports the first time they are provided. However, if one of the
designated persons asks for additional copies, the employer may assess a
reasonable charge for retrieving and copying the records.
Notes
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