OSHA Recordkeeping Handbook - DENIX

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www.osha.govOSHARecordkeepingHandbookThe Regulation and RelatedInterpretations for Recordingand Reporting OccupationalInjuries and IllnessesOSHA 3245-01R 2005

Employers are responsible for providing a safe andhealthful workplace for their employees. OSHA’srole is to assure the safety and health of America’sworkers by setting and enforcing standards; providing training, outreach and education; establishingpartnerships; and encouraging continual improvement in workplace safety and health. For moreinformation, visit www.osha.gov.This handbook provides a general overview of aparticular topic related to OSHA standards. It doesnot alter or determine compliance responsibilitiesin OSHA standards or the Occupational Safety andHealth Act of 1970. Because interpretations andenforcement policy may change over time, youshould consult current OSHA administrative interpretations and decisions by the OccupationalSafety and Health Review Commission and theCourts for additional guidance on OSHA compliance requirements.This publication is in the public domain and maybe reproduced, fully or partially, without permission. Source credit is requested but not required.This information is available to sensory impairedindividuals upon request. Voice phone: (202) 6931999; teletypewriter (TTY) number: (877) 889-5627.

OSHARecordkeeping HandbookThe Regulation and Related Interpretations for Recordingand Reporting Occupational Injuries and IllnessesOccupational Safety and Health AdministrationU.S. Department of LaborDirectorate of Evaluation and AnalysisOffice of Statistical AnalysisDivision of RecordkeepingOSHA 3245-01R2005

PrefaceThe Occupational Safety and Health Act of 1970 (OSHAct) requires covered employers to prepare andmaintain records of occupational injuries and illnesses. The Occupational Safety and Health Administration (OSHA) in the U.S. Department of Labor is responsible for administering the recordkeeping system established by the Act. The OSH Act and recordkeeping regulations in 29 CFR 1904 and 1952 providespecific recording and reporting requirements whichcomprise the framework for the nationwide occupational safety and health recording system.Under this system, it is essential that data recordedby employers be uniform and accurate to assure theconsistency and validity of the statistical data whichis used by OSHA for many purposes, includinginspection targeting, performance measurementunder the Government Performance and Results Act(GPRA), standards development, resource allocation,Voluntary Protection Program (VPP) eligibility, and"low-hazard" industry exemptions. The data also aidsemployers, employees and compliance officers inanalyzing the safety and health environment at theemployer’s establishment, and is the source of information for the OSHA Data Initiative (ODI) and theBureau of Labor Statistics’ (BLS) Annual Survey.In January 2001, OSHA issued a final rule revisingthe § 1904 and § 1952 Occupational Injury and IllnessRecording and Reporting Requirements (Recordkeeping) regulations, the first revision since 1978.The goals of the revision were to simplify the system, clarify ongoing concepts, produce more usefulinformation and better utilize modern technology.The new regulation took effect on January 1, 2002.As part of OSHA’s extended outreach efforts, theagency also produced a Recordkeeping Policies andProcedures Manual (CPL 2-0.131, January 1, 2002),which contained, along with other related information, a variety of Frequently Asked Questions. Inaddition, in 2002, a detailed Injury and IllnessRecordkeeping website was established containinglinks to helpful resources related to Recordkeeping,including training presentations, applicable FederalRegister notices, and OSHA’s recordkeeping-relatedLetters of Interpretation. (See www.osha.gov/recordkeeping/index.html).iiOSHAThis publication brings together relevant informationfrom the Recordkeeping rule, the policies and procedures manual and the website. This OSHA Recordkeeping Handbook is available in both print and electronic formats. It is organized by regulatory sectionand contains the specific final regulatory language,selected excerpts from the relevant OSHA decisionanalysis contained in the preamble to the final rule,along with recordkeeping-related Frequently AskedQuestions and OSHA’s enforcement guidance presented in the agency’s Letters of Interpretation. Theuser will find this information useful in understanding the Recordkeeping requirements and will be ableto easily locate a variety of specific and necessaryinformation pertaining to each section of the rule.The information included here deals only with therequirements of the Occupational Safety and HealthAct of 1970 and Parts 1904 and 1952 of Title 29, Codeof Federal Regulations, for recording and reportingoccupational injuries and illnesses. Some employersmay be subject to additional recordkeeping andreporting requirements not covered in this document. Many specific OSHA standards and regulations have additional requirements for the maintenance and retention of records for medical surveillance, exposure monitoring, inspections, and otheractivities and incidents relevant to occupational safety and health, and for the reporting of certain information to employees and to OSHA. For informationon these requirements, which are not covered in thispublication, employers should refer directly to theOSHA standards or regulations, consult OSHA’s website for additional information (www.osha.gov) orcontact their OSHA regional office or participatingState agency.For recordkeeping and reporting questions not covered in this publication, employers may contact theirOSHA regional office or the participating Stateagency serving their jurisdiction.This handbook was developed within the OSHAOffice of Statistical Analysis (OSA) (Joe DuBois,Ph.D., Director), under the direction of BobWhitmore, Chief of the OSHA RecordkeepingDivision. Special thanks to Valerie Struve, MarkKitzmiller, Jackie Gilmore and Linda Harrell of OSAfor their tireless efforts in its creation.RECORDKEEPINGHANDBOOK

ContentsRecordkeeping HandbookRoadmapviSection 1904.0Purpose1REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION1122Section 1904.1Partial exemption for employerswith 10 or fewer employees3REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION3344Section 1904.2Partial exemption for establishments in certain industriesREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION1010101010Section 1904.4Recording criteria11REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION11121212Section 1904.5Determination ofwork-relatedness13REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION13152527OSHAREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.7General recording criteriaREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION39393944444949536771Section 1904.8Recording criteria forneedlestick and sharps injuries 79REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION7979828255699Section 1904.3Keeping records for morethan one agencySection 1904.6Determination of new casesSection 1904.9Recording criteria for casesinvolving medical removalunder OSHA standardsREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.10Recording criteria for casesinvolving occupationalhearing lossREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.11Recording criteria for workrelated tuberculosis casesREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF 69696100100100102102iii

Section 1904.12Recording criteria for casesinvolving work-relatedmusculoskeletal disordersREGULATIONPREAMBLE DISCUSSION103103103Sections 1904.13 – 1904.28(Reserved)Section 1904.29FormsREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION107107REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION120REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION120120122122Section 1904.31Covered employees123REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION123123127127Section 1904.32Annual summary134REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION134134138139Section 1904.33Retention and updatingREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF E DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.35Employee involvement107108116117Section 1904.30Multiple businessestablishmentsivSection 1904.34Change in business ownership 145Section 1904.36Prohibition againstdiscriminationREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.37State recordkeepingregulationsREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.38Variances from therecordkeeping ruleREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.39Reporting fatalities andmultiple hospitalizationincidents to OSHAREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF 3164164165165166168168

Section 1904.40Providing records togovernment representativesREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATION169169169171171Section 1904.41Annual OSHA injury andillness survey of ten ormore employers174174174175175Section 1904.42Requests from the Bureau ofLabor Statistics for data176176176177177Section 1904.43Summary and postingof the 2001 dataREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.46DefinitionsREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1904.45OMB control numbers underthe Paperwork Reduction Act 182REGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF INTERPRETATIONSection 1952.4Injury and illness recordingand reporting requirementsREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF 192192178178178179179Section 1904.44Retention and updatingof old formsREGULATIONPREAMBLE DISCUSSIONFREQUENTLY ASKED QUESTIONSLETTERS OF BOOKv

Recordkeeping Handbook RoadmapThis roadmap will assist readers in locating regulatory language, decision analyses, frequently asked questionsand enforcement guidance letters concerning sections 1904 and 1952 of the OSHA Recordkeeping regulations.Purpose of Rule:SeeThe Annual Summary:1904.0SeeExempt Employers:SeeRecords Retention and Updating:1904.1SeeExempt te-plan State Requirements:SeeEmployee Coverage:See1904.43Definitions:Multiple Business Establishments:SeeSeeRetaining and Updating Forms:The Recording Forms:See1904.42Summarizing and Posting Data:Musculoskeletal Disorder Cases:See1904.41Bureau of Labor Statistics Data Requests:Tuberculosis Cases:See1904.40OSHA’s Annual Injury/Illness Survey:Hearing Loss Cases:See1904.39Providing Records to /Multiple HospitalizationRequirements:SeeMedical Removal Cases:See1904.37Variances from the Rule:Needlestick and Sharps Injuries:See1904.36State Recordkeeping Regulations:When an Injury Represents a New Case:See1904.35Prohibition Against Discrimination:Which Injuries are Work-related:See1904.34Employee Involvement:SeeWhich Injuries to Record:See1904.33Changes in Business Ownership:Requirements of More Than One DBOOK

§1904.0Section 1904.0Purpose(66 FR 6122, Jan. 19, 2001)REGULATION: Section 1904.0Subpart A – Purpose (66 FR 6122, Jan. 19, 2001)Section 1904.0The purpose of this rule (Part 1904) is to require employers to record and report work-related fatalities, injuriesand illnesses.Note to Section 1904.0: Recording or reporting a work-related injury, illness, or fatality does not mean that theemployer or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible forworkers’ compensation or other benefits.PREAMBLE DISCUSSION: Section 1904.0(66 FR 5933-5935, Jan. 19, 2001)The following are selected excerpts from the preamble to the Occupational Injury and Illness Recording andReporting Requirements, the Recordkeeping rule (66 FR 5916, 29 CFR Parts 1904 and 1952). These excerptsrepresent some of the key discussions related to the final rule (66 FR 6122, 29 CFR Parts 1904 and 1952).Subpart A. PurposeThe Purpose section of the final rule explains whyOSHA is promulgating this rule. The Purpose sectioncontains no regulatory requirements and is intendedmerely to provide information. A Note to this sectioninforms employers and employees that recording acase on the OSHA recordkeeping forms does notindicate either that the employer or the employeewas at fault in the incident or that an OSHA rule hasbeen violated. Recording an injury or illness on theLog also does not, in and of itself, indicate that thecase qualifies for workers’ compensation or otherbenefits. Although any specific work-related injury orillness may involve some or all of these factors, therecord made of that injury or illness on the OSHArecordkeeping forms only shows three things: (1) thatan injury or illness has occurred; (2) that the employer has determined that the case is work-related (usingOSHA’s definition of that term); and (3) that the caseis non-minor, i.e., that it meets one or more of theOSHA injury and illness recording criteria .In the final rule, OSHA has moved much of thismaterial, which was explanatory in nature, from theregulatory text to the preamble. This move has simplified and clarified the regulatory text. The finalrule’s Purpose paragraph simply states that: “Thepurpose of this rule (Part 1904) is to require employers to record and report work-related fatalities,injuries and illnesses.” OSHAMany cases that are recorded in the OSHA system are also compensable under the State workers’compensation system, but many others are not.However, the two systems have different purposesand scopes. The OSHA recordkeeping system isintended to collect, compile and analyze uniform andconsistent nationwide data on occupational injuriesand illnesses. The workers’ compensation system, incontrast, is not designed primarily to generate andcollect data but is intended primarily to provide medical coverage and compensation for workers who arekilled, injured or made ill at work, and varies in coverage from one State to another .As a result of these differences between the twosystems, recording a case does not mean that the caseis compensable, or vice versa. When an injury or illness occurs to an employee, the employer must independently analyze the case in light of both the OSHArecording criteria and the requirements of the Stateworkers’ compensation system to determine whetherthe case is recordable or compensable, or both .OSHA believes that the note to the Purpose paragraph of the final rule will allay any fears employersand employees may have about recording injuriesand illnesses, and thus will encourage more accuratereporting. Both the Note to Subpart A of the final ruleand the new OSHA Form 300 expressly state thatrecording a case does not indicate fault, negligence,or compensability .RECORDKEEPINGHANDBOOK1

§1904.0 OSHA has rejected the suggestion made bythese commenters to limit the admissibility of theforms as evidence in a court proceeding. Such actionis beyond the statutory authority of the agency,because OSHA has no authority over the courts,either Federal or State .In the final rule, OSHA has decided to eliminatethe sentence of examples to make the regulatory textclearer and more concise. However, OSHA notes thatmany circumstances that lead to a recordable workrelated injury or illness are "beyond the employer’scontrol,” at least as that phrase is commonly interpreted. Nevertheless, because such an injury or illness was caused, contributed to, or significantlyaggravated by an event or exposure at work, it mustbe recorded on the OSHA form (assuming that itmeets one or more of the recording criteria and doesnot qualify for an exemption to the geographic presumption). This approach is consistent with the no-fault recordkeeping system OSHA has adopted,which includes work-related injuries and illnesses,regardless of the level of employer control or noncontrol involved . As discussed in the Legal Authority section,above, Congress stated clearly that the OSHA recordkeeping system was intended to capture “work-relateddeaths, injuries and illnesses, other than minorinjuries requiring only first aid treatment and whichdo not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer toanother job” (Section 8(c)(2)). OSHA concludesthat the guidance given by Congress – that employers should record and report on work-related deaths,and on injuries and illnesses other than minorinjuries, establishes the appropriate recordingthreshold for cases entered into the OSHA recordkeeping system .FREQUENTLY ASKED QUESTIONS: Section 1904.0 (OSHA Instruction, CPL 2-0.131, Chap. 5)Section 1904.0 PurposeQuestion 0-1. Why are employers required to keeprecords of work-related injuries and illnesses?The OSH Act of 1970 requires the Secretary of Laborto produce regulations that require employers tokeep records of occupational deaths, injuries, and illnesses. The records are used for several purposes.Injury and illness statistics are used by OSHA.OSHA collects data through the OSHA Data Initiative(ODI) to help direct its programs and measure itsown performance. Inspectors also use the data during inspections to help direct their efforts to the hazards that are hurting workers.The records are also used by employers andemployees to implement safety and health programsat individual workplaces. Analysis of the data is awidely recognized method for discovering workplacesafety and health problems and for tracking progressin solving those problems.The records provide the base data for the BLSAnnual Survey of Occupational Injuries and Illnesses,the Nation’s primary source of occupational injuryand illness data.Question 0-2. What is the effect of workers’ compensation reports on the OSHA records?The purpose section of the rule includes a note tomake it clear that recording an injury or illness neither affects a person’s entitlement to workers’ compensation nor proves a violation of an OSHA rule.The rules for compensability under workers’ compensation differ from state to state and do not haveany effect on whether or not a case needs to berecorded on the OSHA 300 Log. Many cases will beOSHA recordable and compensable under workers’compensation. However, some cases will be compensable but not OSHA recordable, and some caseswill be OSHA recordable but not compensable underworkers’ compensation.LETTERS OF INTERPRETATION: Section 1904.0Section 1904.0 PurposeThis section will be developed as letters of interpretation become available.2OSHARECORDKEEPINGHANDBOOK

§1904.1Section 1904.1Partial exemption for employerswith 10 or fewer employees(66 FR 6122, Jan. 19, 2001)REGULATION: Section 1904.1Subpart B – Scope (66 FR 6122, Jan. 19, 2001)Note to Subpart B: All employers covered by the Occupational Safety and Health Act (OSH Act) are coveredby these Part 1904 regulations. However, most employers do not have to keep OSHA injury and illnessrecords unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keeprecords. 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.Section 1904.1 Partial exemption for employerswith 10 or fewer employees(a) Basic requirement.(1) If your company had ten (10) or fewer employeesat all times during the last calendar year, you do notneed to keep OSHA injury and illness records unlessOSHA or the BLS informs you in writing that you mustkeep records under Section 1904.41 or Section 1904.42.However, as required by Section 1904.39, all employerscovered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.(2) If your company had more than ten (10)employees at any time during the last calendar year,you must keep OSHA injury and illness recordsunless your establishment is classified as a partiallyexempt industry under Section 1904.2.(b) Implementation.(1) Is the partial exemption for size based on thesize of my entire company or on the size of an individual business establishment?The partial exemption for size is based on thenumber of employees in the entire company.(2) How do I determine the size of my company tofind 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 nomore than 10 employees at any time in the last calendar year, your company qualifies for the partialexemption for size.PREAMBLE DISCUSSION: Section 1904.1(66 FR 5935-5939, Jan. 19, 2001)The following are selected excerpts from the preamble to the Occupational Injury and Illness Recording andReporting Requirements, the Recordkeeping rule (66 FR 5916, 29 CFR Parts 1904 and 1952). These excerptsrepresent some of the key discussions related to the final rule (66 FR 6122, 29 CFR Parts 1904 and 1952).Section 1904.1 Partial exemption for employerswith 10 or fewer employeesThe Size-Based Exemption in the Former RuleThe original OSHA injury and illness recording andreporting rule issued in July 1971 required allemployers covered by the OSH Act to maintain injuryand illness records. In October 1972, an exemptionfrom most of the recordkeeping requirements wasput in place for employers with seven or feweremployees. In 1977, OSHA amended the rule toexempt employers with 10 or fewer employees, andthat exemption has continued in effect to this day .OSHAThe Size-Based Exemption in the Final Rule Under the final rule (and the former rule), anemployer in any industry who employed no morethan 10 employees at any time during the precedingcalendar year is not required to maintain OSHArecords of occupational illnesses and injuries duringthe current year unless requested to do so in writingby OSHA (under Section 1904.41) or the BLS (underSection 1904.42). If an employer employed 11 ormore people at a given time during the year, however, that employer is not eligible for the size-basedpartial exemption .RECORDKEEPINGHANDBOOK3

§1904.1Since publication of the recordkeeping proposal,OSHA has done considerable research into the issueof fatality, injury, and illness rates in small companies. The results of this research also point to underreporting, rather than safer workplaces, as a likelyreason for the lower-than-average injury and illnessnumbers reported by small employers. The mosttelling evidence that injury and illness underreportingis prevalent among small firms is the substantial discrepancy between the fatality rates in these firms andtheir injury and illness rates.Most professionals agree that occupational fatalitydata are more reliable than occupational injury andillness data, primarily because fatalities are morelikely to be reported than injuries. The work-relatedBLS fatality data appear to confirm this belief, showing that although businesses with fewer than 10employees account for only 4% of the total workforce, they account for 28% of occupational fatalities . [U]nder the 10 or fewer employee partialexemption threshold, more than 80% of employers inOSHA’s jurisdiction are exempted from routinelykeeping records .After a review of the record and reconsiderationof this issue, OSHA agrees that there should be onlyone size exemption threshold across all industriesand finds that the threshold should be 10 or feweremployees . [T]he final rule clarifies that the 10 or fewer sizeexemption is applicable only if the employer hadfewer than 11 employees at all times during the pre-vious calendar year. Thus, if an employer employs11 or more people at any given time during that year,the employer is not eligible for the small employerexemption in the following year. This total includesall workers employed by the business. All individualswho are “employees” under the OSH Act are countedin the total; the count includes all full time, part time,temporary, and seasonal employees. For businessesthat are sole proprietorships or partnerships, theowners and partners would not be consideredemployees and would not be counted. Similarly, forfamily farms, family members are not counted asemployees. However, in a corporation, corporate officers who receive payment for their services are considered employees. [See Section 1904.31, CoveredEmployees.]Consistent with the former rule, the final ruleapplies the size exemption based on the total number of employees in the firm, rather than the numberof employees at any particular location or establishment.because the resources available in a givenbusiness depend on the size of the firm as a whole,not on the size of individual establishments ownedby the firm. In addition, the analysis of injury recordsshould be of value to the firm as a whole, regardlessof the size of individual establishments. Further, anexemption based on individual establishments wouldbe difficult to administer, especially in cases wherean individual employee, such as a maintenanceworker, regularly reports to work at several establishments.FREQUENTLY ASKED QUESTIONS: Section 1904.1(OSHA Instruction, CPL 2-0.131, Chap. 5)Section 1904.1 Partial exemption for employers with 10 or fewer employeesThis section will be developed as questions and answers become available.LETTERS OF INTERPRETATION: Section 1904.1Section 1904.1 Partial exemption for employers with 10 or fewer employeesThis section will be developed as letters of interpretation become available.4OSHARECORDKEEPINGHANDBOOK

Section 1904.2Partial exemption for establishmentsin certain industries(66 FR 6122, Jan. 19, 2001)REGULATION: Section 1904.2Subpart B – Scope (66 FR 6122, Jan. 19, 2001)(b) Implementation.(1) Does the partial industry classification exemption apply only to business establishments in theretail, services, finance, insurance or real estateindustries (SICs 52-89)?Yes, business establishments classified in agriculture; mining; construction; manufacturing; transportation; communication; electric, gas and sanitaryservices; or wholesale trade are not eligible for thepartial industry classification exemption.(2) Is the partial industry classification exemptionbased on the industry classification of my entire com-§1904.2Section 1904.2 Partial exemption for establishmentsin certain industries(a) Basic requirement.(1) If your business establishment is classified in aspecific low hazard retail, service, finance, insuranceor real estate industry listed in Appendix A to thisSubpart B, you do not need to keep OSHA injury andillness records unless the government asks you tokeep the records under Section 1904.41 or Section1904.42. However, all employers must report toOSHA any workplace incident that results in a fatalityor the hospitalization of three or more employees(see Section 1904.39).(2) If one or more of your company’s establishments are classified in a non-exempt industry, youmust keep OSHA injury and illness records for all ofsuch establishments unless your company is partiallyexempted because of size under Section 1904.1.pany or on the classification of individual businessestablishments operated by my company?The partial industry classification exemptionapplies to individual business establishments. If acompany has several business establishmentsengaged in different classes of business activities,some of the company’s establishments may berequired to keep records, while others may be exempt.(3) How do I determine the Standard IndustrialClassification code for my company or for individualestablishments?You determine your Standard IndustrialClassification (SIC) code by using the StandardIndustrial Classification Manual, Executive Office ofthe President, Office of Management and Budget.You may contact your nearest OSHA office or Stateagency for help in determining your SIC.Non-Mandatory Appendix A to Subpart B –Partially Exempt IndustriesEmployers are not required to keep OSHA injuryand illness records for any establishment classified inthe following Standard Industrial Classification (SIC)codes, unless they are asked in writing to do so byOSHA, the Bureau of Labor Statistics (BLS), or a stateagency operating under the authority of OSHA or theBLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any workplace incidentthat results in a fatality or the hospitalization of threeor more employees (see Section 1904.39).Appendix A -- Partially Exempt IndustriesSIC code52554254454554654955155255455756Industry descriptionHardware StoresMeat and Fish MarketsCandy, Nut, and Confectionery StoresDairy Products StoresRetail BakeriesMiscellaneous Food StoresNew and Used Car DealersUsed Car Dealers

OSHA RECORDKEEPING HANDBOOK iii. iv OSHA RECORDKEEPING HANDBOOK Section 1904.12 Recording criteria for cases involving work-related musculoskeletal disorders 103 REGULATION 103 PREAMBLE DISCUSSION 103 Sections 1904.13 – 1904.28 (Reserved) 107 Section 190

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