Recordkeeping (29 CFR Part 1904, all covered employers)

Recording Criteria for Cases

Verified vs OSHA sources · 2026-10-05

29 CFR 1904.4

29 CFR 1904.4 is the gateway rule for OSHA injury and illness recordkeeping: an employer that must keep records has to record every case that is (1) work-related, (2) a new case, and (3) meets the general recording criteria of §1904.7 or the specific-case rules of §§1904.8–1904.12. If all three are true, the case goes on the OSHA 300 Log.

29 CFR 1904.4 at a glance

The test: Record a case if it is (1) work-related, (2) a new case, and (3) meets §1904.7
Where recorded: OSHA 300 Log (with the 300-A summary and 301 report)
Who keeps records: Employers not partially exempt by size or industry under Part 1904
Common error: Under-recording: leaving recordable cases off the Log
Max penalty (2026): Other-than-serious $16,550; willful $165,514
The #1 confusion: "Recordable" is not the same as "reportable" or "compensable"

What 29 CFR 1904.4 requires (plain English)

29 CFR 1904.4 is the basic recording requirement that opens OSHA's injury and illness recordkeeping rule (Part 1904). It tells covered employers which cases must be entered on the OSHA 300 Log: each work-related fatality, injury, or illness that is a new case and meets one or more of the general recording criteria in §1904.7 (or the specific-case rules in §§1904.8 through 1904.12 for needlesticks, medical removal, hearing loss, tuberculosis, and the like).

The rule applies to employers required to keep records: those that are not partially exempt by size (10 or fewer employees) or by industry (certain low-hazard NAICS codes) under §§1904.1 and 1904.2. For those employers, 1904.4 is the decision point: run each case through the three-part test, and if all three are met, it is recordable and goes on the Log.

The three parts each have their own section: work-relatedness is defined in §1904.5, "new case" in §1904.6, and the general recording criteria in §1904.7. Section 1904.4 ties them together. Because the 300 Log drives incidence rates, electronic reporting, and enforcement targeting, correct application of 1904.4 is where accurate recordkeeping begins.

The regulatory text

“Each employer required by this part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that: (1) Is work-related; and (2) Is a new case; and (3) Meets one or more of the general recording criteria of §1904.7 or the application to specific cases of §§1904.8 through 1904.12.”

29 CFR 1904.4(a)

Key facts about 29 CFR 1904.4

A case is recordable only if it is work-related AND a new case AND meets §1904.7 (1904.4(a)).
Recordable cases are entered on the OSHA 300 Log.
The rule applies to employers not partially exempt by size or industry.
Work-relatedness is defined in §1904.5; "new case" in §1904.6; general criteria in §1904.7.
"Recordable" is distinct from "reportable to OSHA" (§1904.39) and "compensable" (workers' comp).
Under-recording, omitting recordable cases, is the most common recordkeeping violation.
The 300 Log data drives incidence rates, ITA electronic reporting, and enforcement targeting.

Scope: who 29 CFR 1904.4 applies to

Regulatory framework: Recordkeeping (29 CFR Part 1904, all covered employers)
Citation reference: 29 CFR 1904.4
Enforcement status: In force and enforced
Jurisdiction: Federal OSHA (29 State-Plan jurisdictions may be stricter)

State-Plan states (e.g. California, Washington, Michigan) operate OSHA-approved programs that must be at least as effective as federal OSHA and frequently impose higher penalties or additional requirements. Confirm the rule as adopted in your state.

Key requirements of 29 CFR 1904.4

#	Employer obligation
1	Record all work-related deaths
2	Record injuries resulting in lost time
3	Record injuries with restricted work or job transfer
4	Record injuries requiring medical treatment beyond first aid
5	Record cases involving loss of consciousness
6	Record significant injuries diagnosed by healthcare professional

Summarized from the text of 29 CFR 1904.4. Always read the full regulation for the binding language.

Common Recording Criteria violations

Deficiencies OSHA cites under 29 CFR 1904.4 include the ones below, in no particular order. Distinct deficiencies can be cited as separate items, and each serious item carries up to $16,550 (2026). Broader per-instance stacking exists but is a discretionary, case-by-case OSHA enforcement policy, not an automatic multiplier.

Failing to record a case that met the 1904.4 three-part test (under-recording): 1904.4(a).
Using workers'-comp acceptance instead of the 1904.5/1904.7 tests to decide recordability (1904.4).
Not keeping a 300 Log at all despite being a covered (non-exempt) employer (1904.4/1904.29).
Treating a recordable medical-treatment case as "first aid" to avoid recording (1904.7).
Omitting restricted-work or job-transfer cases from the Log (1904.7/1904.4).

"Recordable" is not the same as "reportable" or "workers'-comp compensable"

Three different tests get confused. A case is RECORDABLE (goes on the 300 Log) if it meets the 1904.4 three-part test. A case is REPORTABLE (you must phone OSHA) only if it is a fatality or a severe injury under §1904.39: a much narrower set. And a case is COMPENSABLE if a workers'-comp system will pay for it, which uses each state's own rules. These do not line up: many recordable cases are not reportable, and workers'-comp decisions do not decide OSHA recordability. Deciding recordability by "did comp accept it?" or "do we have to call OSHA?" produces a wrong Log. Apply the 1904.4, 1904.5, and 1904.7 tests on their own terms.

What OSHA inspectors look for

A compliance officer reviewing recordkeeping compares the OSHA 300 Log against other records (workers' comp, first-aid logs, medical) to find recordable cases that were left off. The three-part 1904.4 test (work-related, new case, meets §1904.7) is the frame; under-recording (missing recordable cases) is the classic finding.

Example: how a violation is cited

During a recordkeeping audit, OSHA finds several restricted-duty and medical-treatment cases in the company's first-aid and workers'-comp files that never made it onto the OSHA 300 Log. Each unrecorded case that met the 1904.4 test is cited, typically as other-than-serious, up to $16,550 each.

Illustrative example, not a specific OSHA case.

Recording Criteria compliance checklist

Use this to evaluate your compliance with 29 CFR 1904.4. Each item is a key requirement OSHA may verify during an inspection.

Confirm whether you are a covered employer (not size- or industry-exempt under §§1904.1–1904.2).
Run every work-related case through the three-part test: work-related (§1904.5), new case (§1904.6), meets §1904.7.
Record qualifying cases on the OSHA 300 Log within 7 calendar days of learning of them.
Cross-check the Log against first-aid logs, workers'-comp, and medical records to catch missed cases.
Keep "recordable," "reportable" (§1904.39), and "compensable" as separate determinations.
Train the person who maintains the Log on the 1904.4–1904.7 criteria.

2026 penalties for 29 CFR 1904.4

Maximums set by 29 CFR 1903.15(d). 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. The 2025 OSHA penalty levels remain in effect for 2026; OSHA made no inflation adjustment for 2026. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these amounts, while OSHA's public penalties page currently references penalties assessed after Jan. 15, 2026.

Violation type	Minimum	Maximum	When it applies
Serious	$1,085	$16,550	Substantial probability of death or serious physical harm.
Other-Than-Serious	$0	$16,550	Relates to safety/health but unlikely to cause death or serious harm.
Willful	$11,823	$165,514	Intentional, knowing, or voluntary disregard of the requirement.
Repeated	$4,256	$165,514	A substantially similar violation cited within the last 5 years.
Failure to Abate	None	$16,550/day	up to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6)

Recordkeeping violations are usually cited as other-than-serious, up to $16,550 per violation (each unrecorded case can be a separate item); willful recordkeeping violations reach $165,514. Deliberately falsifying records can also carry criminal exposure.

Maximums and the willful minimum are set by 29 CFR 1903.15(d); the serious and repeated minimums are OSHA policy floors from its annual penalty adjustment memo. OSHA applies gravity-based and size, good-faith and history reductions (FOM CPL 02-00-164 Ch.6). Estimates only, not legal advice.

The business case for Recording Criteria compliance

The OSHA 300 Log is the backbone of injury tracking: it drives an employer's incidence rates, ITA electronic submission, National Emphasis Program targeting, and the company's own hazard analysis. If cases are not recorded correctly under 1904.4, every downstream number is wrong, hazards go unseen, and the employer risks recordkeeping citations. Getting the three-part test right is the foundation of the whole system.

Free compliance tools for 29 CFR 1904.4

OSHA Recordability Decision Tree OSHA 300A Auto-Filler Incident Cost Calculator

Recording Criteria penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1904.4.

Alabama Arkansas Colorado Connecticut Delaware District of Columbia

View all 50 states + DC →

Frequently asked questions about 29 CFR 1904.4

When is an injury OSHA recordable?

Under 1904.4, a case is recordable when it is (1) work-related, (2) a new case, and (3) meets one or more of the general recording criteria in §1904.7: death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness (or a significant diagnosed injury or illness). If all three parts are met, you enter it on the OSHA 300 Log.

Is a first-aid case recordable?

No: treatment that qualifies as first aid under OSHA's specific first-aid list in §1904.7 does not, by itself, make a case recordable. The line matters: the same injury treated only with first aid is not recordable, but if it requires medical treatment beyond that list (for example, prescription medication or sutures), it becomes recordable. Classifying real medical treatment as 'first aid' to avoid recording is a common violation.

Does workers' comp decide OSHA recordability?

No. Workers' compensation and OSHA recordkeeping are separate systems with different tests. A case can be recordable under 1904.4 even if workers' comp denies it, and a comp-accepted case is not automatically recordable. Recordability is decided by the OSHA criteria in §§1904.5 and 1904.7, not by the comp outcome.

Which employers have to keep the OSHA 300 Log?

Employers that are not partially exempt. Under §§1904.1 and 1904.2, employers with 10 or fewer employees at all times during the year, and employers in certain lower-hazard industries (by NAICS code), are exempt from routinely keeping the 300 Log, though all employers must still report fatalities and severe injuries under §1904.39. Everyone else applies 1904.4 and maintains the Log.

Regulatory history of 29 CFR 1904.4

OSHA's modern recordkeeping rule, including the 1904.4 three-part test and the 300/300-A/301 forms, took effect January 1, 2002 (66 FR 5916), replacing the older OSHA 200 Log. The framework (work-related, new case, meets the general criteria) has anchored injury recordkeeping ever since, with later amendments adding electronic submission (§1904.41) and the current reporting triggers (§1904.39).

Related glossary terms

Key terms that appear in 29 CFR 1904.4, each with a full plain-English explainer.

Recordable Injury National Emphasis Program Industrial Hygiene Job Hazard Analysis

Related guides & articles

OSHA Recordkeeping: When Is an Injury Recordable?OSHA Forms 300, 300A & 301 Recordkeeping Guide

Related OSHA standards

29 CFR 1910.1020

Exposure & Medical Records

29 CFR 1904.5

Work-Relatedness

29 CFR 1904.7

General Recording Criteria

29 CFR 1904.29

OSHA Injury Forms

Primary sources

OSHA figures on this page are imported from HazComFast's verified regulatory module (verified 2026-10-05 against eCFR, OSHA.gov, and the Federal Register).

This page is an educational summary, not legal advice. OSHA standards and penalty amounts change; confirm requirements against the current regulation and your applicable State-Plan before acting.

Get the Binder in Order Before the Inspector Arrives. Are You Ready?

OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.

Serious Violation

$16,550

per violation (max)

HazComFast Pro

$199/mo

10 jobsites, unlimited chemicals, unlimited workers

Use the free tools View Pricing

New sign-ups are paused. The free tools below need no account, and customers can log in as usual.

Your account keeps working as usual. Cancel anytime.