Recordkeeping (29 CFR Part 1904, all covered employers)

Providing Records to Government Representatives

Verified vs OSHA sources · 2026-09-30

29 CFR 1904.40

29 CFR 1904.40 requires employers to give an authorized government representative copies of the records they keep under Part 1904 within four business hours of the request. The representatives are OSHA, HHS including NIOSH, and a State Plan agency.

Verified against the eCFR (Title 29, current as of September 25, 2026) · September 30, 2026

29 CFR 1904.40 at a glance

The deadline: Copies within four (4) business hours of the request (1904.40(a))
Who can ask: OSHA, HHS including NIOSH, and a State Plan agency ((b)(1))
Which records: The records you keep under Part 1904: the 300 Log, the 300A summary and the 301 reports
Time zones: Records kept elsewhere run on the business hours of the establishment where they are kept ((b)(2))
Federal citations, FY2025: 57 of construction employers (HazComFast count from Labor Department enforcement data)
Not the same as: Employee access under 1904.35: by the end of the next business day

What 29 CFR 1904.40 requires (plain English)

29 CFR 1904.40 is the government-access rule for injury records. When an authorized government representative asks for the records you keep under Part 1904, you must provide copies within four business hours (1904.40(a)). The authorized representatives are a representative of the Secretary of Labor conducting an inspection or investigation, a representative of the Secretary of Health and Human Services, including NIOSH, conducting an investigation under section 20(b) of the Act, and a representative of a State agency administering an approved State Plan ((b)(1)).

The rule settles one practical question itself. If the records are kept at a location in a different time zone, you may use the business hours of the establishment where the records are located when calculating the deadline ((b)(2)). A vendor or central office does not stretch the clock: 1904.30(b)(2) allows central records only if they can be produced within the time frames of 1904.35 and 1904.40.

1904.40 is separate from employee access under 1904.35, which gives employees, former employees and their representatives a copy of the 300 Log by the end of the next business day. In fiscal year 2025, federal OSHA cited construction employers 57 times under 1904.40 (HazComFast count from Labor Department enforcement data).

Key facts about 29 CFR 1904.40

Employers must provide copies of their Part 1904 records to an authorized government representative within four business hours of the request (1904.40(a)).
Authorized representatives are OSHA, HHS including NIOSH, and a State Plan agency (1904.40(b)(1)).
Records kept in another time zone may be produced on the business hours of the establishment where they are located (1904.40(b)(2)).
Central recordkeeping is allowed only if the records can be produced within the time frames of 1904.35 and 1904.40 (1904.30(b)(2)).
1904.40 (government access) is separate from 1904.35 (employee access, by the end of the next business day).
In fiscal year 2025, federal OSHA cited construction employers 57 times under 1904.40 (HazComFast count from Labor Department enforcement data).

Scope: who 29 CFR 1904.40 applies to

Regulatory framework: Recordkeeping (29 CFR Part 1904, all covered employers)
Citation reference: 29 CFR 1904.40
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 1904.40

#	Employer obligation
1	Provide copies of the records kept under Part 1904 within four business hours of a request by an authorized government representative (1904.40(a))
2	Authorized representatives are OSHA, HHS including NIOSH, and State Plan agencies (1904.40(b)(1))
3	Records kept in another time zone may be produced on the business hours of the establishment where they are located (1904.40(b)(2))

Summarized from the text of 29 CFR 1904.40. Always read the full regulation for the binding language.

Common Records Access violations

Deficiencies OSHA cites under 29 CFR 1904.40 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.

Part 1904 records not produced within four business hours of a government request (1904.40(a)).
Records held by a vendor or at a central office that cannot deliver them within the four hours (1904.40(a); 1904.30(b)(2)).
Incomplete records produced on request, such as missing 301 reports or stored years (1904.40(a); 1904.33).

Government access (four business hours) is not employee access (next business day)

Two access rules get mixed up. Section 1904.40 governs government access: when an OSHA, NIOSH or State Plan representative asks, you have four business hours to produce copies of your Part 1904 records. Section 1904.35 governs employee access: employees, former employees and their representatives get a copy of the 300 Log by the end of the next business day. Treating an OSHA request like an employee request, with a day to answer, misses the 1904.40 deadline.

What OSHA inspectors look for

The request usually comes at the opening of an inspection, and the clock starts then: four business hours to produce copies of the Part 1904 records (1904.40(a)). Records kept at a central office in another time zone run on the business hours of the establishment where they are kept (1904.40(b)(2)).

Example: how a violation is cited

An OSHA compliance officer opens an inspection at 9 a.m. and asks for the injury records. The logs sit with a payroll vendor that sends them the next day. The four-business-hour deadline of 1904.40(a) has passed by then, whoever holds the records.

Illustrative example, not a specific OSHA case.

Records Access compliance checklist

Use this to evaluate your compliance with 29 CFR 1904.40. Each item is a key requirement OSHA may verify during an inspection.

Keep the 300 Log, 300A and 301 records for the current year and the five stored years retrievable (1904.33).
Be able to produce copies within four business hours of a government request (1904.40(a)).
If a vendor or central office holds the records, confirm it can deliver within that window (1904.30(b)(2)).
Know the authorized requesters: OSHA, HHS including NIOSH, and State Plan agencies (1904.40(b)(1)).

2026 penalties for 29 CFR 1904.40

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)

A violation of 1904.40 falls under the same maximums as any OSHA violation: up to $16,550 for a serious or other-than-serious violation and up to $165,514 for a willful or repeated one (29 CFR 1903.15(d)). In fiscal year 2025, federal OSHA cited construction employers 57 times under 1904.40 (HazComFast count from Labor Department enforcement data).

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 Records Access compliance

The four-hour clock is short on purpose, and the rest of Part 1904 bends to it: an employer may keep records at a central location only if it can produce them within the time frames of 1904.35 and 1904.40 (1904.30(b)(2)).

Free compliance tools for 29 CFR 1904.40

OSHA Recordability Decision Tree Records Retention Schedule OSHA 300A Auto-Filler

Records Access penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1904.40.

Alabama Arkansas Colorado Connecticut Delaware District of Columbia

View all 50 states + DC →

Frequently asked questions about 29 CFR 1904.40

How fast must I give OSHA my injury records?

Within four business hours of the request. When an authorized government representative asks for the records you keep under Part 1904, you must provide copies within four (4) business hours (29 CFR 1904.40(a)).

Who is an authorized government representative?

A representative of the Secretary of Labor conducting an inspection or investigation under the OSH Act, a representative of the Secretary of Health and Human Services, including NIOSH, conducting an investigation under section 20(b) of the Act, or a representative of a State agency administering an approved State Plan (29 CFR 1904.40(b)(1)).

What if our records are kept in another time zone?

OSHA considers the response timely if the records reach the representative within four business hours, and you may use the business hours of the establishment where the records are located to calculate the deadline (29 CFR 1904.40(b)(2)).

Does keeping records at a central office or with a vendor change the deadline?

No. 29 CFR 1904.30(b)(2) allows records to be kept at headquarters or another central location only if you can produce and send them within the time frames of 1904.35 and 1904.40. The four business hours of 1904.40(a) apply whoever holds the records.

Is this the same as employees' right to see the records?

No. 1904.40 is the government-access rule, four business hours. Employee access is 1904.35: employees, former employees and their representatives get a copy of the 300 Log by the end of the next business day (29 CFR 1904.35(b)(2)(iii)).

Regulatory history of 29 CFR 1904.40

1904.40 comes from the recordkeeping rule published January 19, 2001 (66 FR 6122 for the regulatory text); its source note lists amendments of December 19, 2016 (81 FR 91810) and May 3, 2017 (82 FR 20549).

Related glossary terms

Key terms that appear in 29 CFR 1904.40, each with a full plain-English explainer.

OSHA 300 Log OSHA 300A Summary OSHA Form 301 Recordable Injury

Related guides & articles

The Four-Business-Hour Rule: Producing Your OSHA 300 Logs During an Inspection OSHA Forms 300, 300A & 301 Recordkeeping Guide

Related OSHA standards

29 CFR 1910.1020

Exposure & Medical Records

29 CFR 1904.4

Recording Criteria

29 CFR 1904.5

Work-Relatedness

29 CFR 1904.7

General Recording Criteria

Primary sources

The texts quoted on this page were read on the eCFR (Title 29, current as of September 25, 2026), September 30, 2026. Penalty figures come from HazComFast's 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.

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