Note to Subpart B: All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by these Part 1904 regulations. However, most employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping OSHA injury and illness records.
If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.
If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under § 1904.2.
Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company.
How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had no more than 10 employees at any time in the last calendar year, your company qualifies for the partial exemption for size.
[59 FR 15600, April 1, 1994; 62 FR 6434, Feb. 11, 1997; 62 FR 44552, Aug. 22, 1997; 66 FR 6122, Jan. 19, 2001]
[59 FR 15600, April 1, 1994; 62 FR 6434, Feb. 11, 1997; 62 FR 44552, Aug. 22, 1997; 66 FR 6122, Jan. 19, 2001]
If your business establishment is classified in a specific industry group listed in appendix A to this subpart, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under §§ 1904.41 or 1904.42. However, all employers must report to OSHA any workplace incident that results in an employee's fatality, inpatient hospitalization, amputation, or loss of an eye (see § 1904.39).
If one or more of your company's establishments are classified in a non-exempt industry, you must keep OSHA injury and illness records for all of such establishments unless your company is partially exempted because of size under § 1904.1.
Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records, while others may be partially exempt.
How do I determine the correct NAICS code for my company or for individual establishments? You can determine your NAICS code by using one of three methods, or you may contact your nearest OSHA office or State agency for help in determining your NAICS code:
You can use the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices.
If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the "Concordances" link at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/.
[37 FR 736, Jan. 18, 1972, as amended at 42 FR 65165, Dec. 30, 1977; 47 FR 145, Jan. 5, 1982; 62 FR 44552, Aug. 22, 1997; 66 FR 6122, Jan. 19, 2001; 79 FR 56186, September 18, 2014]
[37 FR 736, Jan. 18, 1972, as amended at 42 FR 65165, Dec. 30, 1977; 47 FR 145, Jan. 5, 1982; 62 FR 44552, Aug. 22, 1997; 66 FR 6122, Jan. 19, 2001; 79 FR 56186, September 18, 2014]
Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
If you create records to comply with another government agency's injury and illness recordkeeping requirements, OSHA will consider those records as meeting OSHA's Part 1904 recordkeeping requirements if OSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as this Part 1904 requires you to record. You may contact your nearest OSHA office or State agency for help in determining whether your records meet OSHA's requirements.
[42 FR 65165, Dec. 30, 1977; 66 FR 6122, Jan. 19, 2001]
Non-Mandatory Appendix A to Subpart B -- Partially Exempt Industries
Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see § 1904.39).
Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see § 1904.39).
| NAICS Code | Industry |
|---|---|
| 4412 | Other Motor Vehicle Dealers. |
| 4431 | Electronics and Appliance Stores. |
| 4461 | Health and Personal Care Stores. |
| 4471 | Gasoline Stations. |
| 4481 | Clothing Stores. |
| 4482 | Shoe Stores. |
| 4483 | Jewelry, Luggage, and Leather Goods Stores. |
| 4511 | Sporting Goods, Hobby, and Musical Instrument Stores. |
| 4512 | Book, Periodical, and Music Stores. |
| 4531 | Florists. |
| 4532 | Office Supplies, Stationery, and Gift Stores. |
| 4812 | Nonscheduled Air Transportation. |
| 4861 | Pipeline Transportation of Crude Oil. |
| 4862 | Pipeline Transportation of Natural Gas. |
| 4869 | Other Pipeline Transportation. |
| 4879 | Scenic and Sightseeing Transportation, Other. |
| 4885 | Freight Transportation Arrangement. |
| 5111 | Newspaper, Periodical, Book, and Directory Publishers. |
| 5112 | Software Publishers. |
| 5121 | Motion Picture and Video Industries. |
| 5122 | Sound Recording Industries. |
| 5151 | Radio and Television Broadcasting. |
| 5172 | Wireless Telecommunications Carriers (except Satellite). |
| 5173 | Telecommunications Resellers. |
| 5179 | Other Telecommunications. |
| 5181 | Internet Service Providers and Web Search Portals. |
| 5182 | Data Processing, Hosting, and Related Services. |
| 5191 | Other Information Services. |
| 5211 | Monetary Authorities-Central Bank. |
| 5221 | Depository Credit Intermediation. |
| 5222 | Nondepository Credit Intermediation. |
| 5223 | Activities Related to Credit Intermediation. |
| 5231 | Securities and Commodity Contracts Intermediation and Brokerage. |
| 5232 | Securities and Commodity Exchanges. |
| 5239 | Other Financial Investment Activities. |
| 5241 | Insurance Carriers. |
| 5242 | Agencies, Brokerages, and Other Insurance Related Activities. |
| 5251 | Insurance and Employee Benefit Funds. |
| 5259 | Other Investment Pools and Funds. |
| 5312 | Offices of Real Estate Agents and Brokers. |
| 5331 | Lessors of Nonfinancial Intangible Assets (except Copyrighted Works). |
| 5411 | Legal Services. |
| 5412 | Accounting, Tax Preparation, Bookkeeping, and Payroll Services. |
| 5413 | Architectural, Engineering, and Related Services. |
| 5414 | Specialized Design Services. |
| 5415 | Computer Systems Design and Related Services |
| 5416 | Management, Scientific, and Technical Consulting Services. |
| 5417 | Scientific Research and Development Services. |
| 5418 | Advertising and Related Services. |
| 5511 | Management of Companies and Enterprises. |
| 5611 | Office Administrative Services. |
| 5614 | Business Support Services. |
| 5615 | Travel Arrangement and Reservation Services. |
| 5616 | Investigation and Security Services. |
| 6111 | Elementary and Secondary Schools. |
| 6112 | Junior Colleges. |
| 6113 | Colleges, Universities, and Professional Schools. |
| 6114 | Business Schools and Computer and Management Training. |
| 6115 | Technical and Trade Schools. |
| 6116 | Other Schools and Instruction. |
| 6117 | Educational Support Services. |
| 6211 | Offices of Physicians. |
| 6212 | Offices of Dentists. |
| 6213 | Offices of Other Health Practitioners. |
| 6214 | Outpatient Care Centers. |
| 6215 | Medical and Diagnostic Laboratories. |
| 6244 | Child Day Care Services. |
| 7114 | Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures. |
| 7115 | Independent Artists, Writers, and Performers. |
| 7213 | Rooming and Boarding Houses. |
| 7221 | Full-Service Restaurants. |
| 7222 | Limited-Service Eating Places. |
| 7224 | Drinking Places (Alcoholic Beverages). |
| 8112 | Electronic and Precision Equipment Repair and Maintenance. |
| 8114 | Personal and Household Goods Repair and Maintenance. |
| 8121 | Personal Care Services. |
| 8122 | Death Care Services. |
| 8131 | Religious Organizations. |
| 8132 | Grantmaking and Giving Services. |
| 8133 | Social Advocacy Organizations. |
| 8134 | Civic and Social Organizations. |
| 8139 | Business, Professional, Labor, Political, and Similar Organizations |
[66 FR 6122, Jan. 19, 2001; 79 FR 56186-56187, September 18, 2014]