Job13

OSHA interpretation · 1992-11-13

Employers of less than 11 employees are usually exempt from OSHA 200 log.

OSHA’s standing caveat

Interpretation letters explain existing requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. Enforcement guidance may be affected by later changes to OSHA rules, and a letter addresses the facts it was given — not necessarily yours.

November 13, 1992 Ms. Cynthia L. Marsh Executive Director Hospice of Texarkana Post Office Box 2341 Texarkana, Arkansas 75504 Dear Ms. Marsh: Thank you for your letter dated September 23, requesting clarification of an OSHA injury and illness recordkeeping issue which was forwarded to my office from the Bureau of Labor Statistics. My Division of Recordkeeping Requirements is responsible for the administration of the OSHA injury and illness recordkeeping system nationwide. As stated on page 1 of the enclosed Brief Guide to Recordkeeping Requirements for Occupational Injuries and Illnesses , an employer who had no more than ten (10) full or part-time employees at any time during the previous calendar year is normally exempted from keeping OSHA injury and illness records. However, normally exempted employers are required to maintain an OSHA 200 Log if they are notified in writing by the Bureau of Labor Statistics that they have been selected to participate in the Annual Survey of Occupational Injuries and Illnesses. These employers must also comply with OSHA standards, display the OSHA poster, and report to OSHA within 48 hours any work related accident that results in a fatality or the hospitalization of five or more employees. I hope you find this information useful. If you have any further questions, please contact my staff at Area Code (202) 219-6463. Sincerely, Stephen A. Newell Director Office of Statistics

Reproduced verbatim from osha.gov. US Government work, public domain (17 U.S.C. § 105).

Other letters on the same sections

Deciding a case of your own?

The free recordability check works through Part 1904 in the order the regulation sets out and quotes the provision behind every step.

Check a case — free

Not legal advice. This page republishes 29 CFR Part 1904 as published by the eCFR and explains it. The recordkeeping duty is the employer’s. Where the rule requires judgement, Job13 says so rather than guessing — run your own case through the free check.