- Standard Number:
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
May 15, 1996
To: OSHA Regional Offices
OSHA Area Offices
State Plan Designees
Consultation Program Designees
From: John Miles
Director
Directorate of Compliance Programs
Re: The Effect of the 1904 Rulemaking Effort of the De Minimis
Citation Policy
The OSHA Field Inspection Reference Manual (FIRM) provides for De Minimis citations in the event that an employer is complying with a proposed standard. This policy should not be applied to the current OSHA proposal for revising the injury and illness recordkeeping system by revising 29 CFR 1904. Furthermore, written or verbal interpretations of the recordkeeping rule should stress the need for employers to continue to use the current system until a final rule to revise the system becomes effective.
Until it is replaced, the current system must be maintained to provide nationwide consistency of the records for OSHA, the BLS survey of occupational injury and illnesses, employers and workers. Allowing employers to adopt the proposed system in the interim could result in harm to the Nation's safety and health statistics, and lead to inappropriate comparisons of individual firms with national averages.