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OSHA interpretation · 1994-11-22

Exemptions from the OSHA injury and illness recordkeeping requirements.

← All interpretations§ 1904

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 22, 1994 William M. Montante, CSP Assistant Vice President M&M Protection Consultants 3400 Georgia-Pacific Center 133 Peachtree Street, N.E. Atlanta, Georgia 30303-1808 Dear Mr. Montante: Thank you for your letter dated November 4, requesting information concerning exemptions from the OSHA injury and illness recordkeeping requirements. It was forwarded to us by the Office of General Industry Compliance Assistance. As noted in your letter, SIC 56 (Apparel and Accessory Stores) is an exempt industry. Furthermore, as outlined on pages 16 and 17 of the Standard Industrial Classification Manual (enclosed), auxiliary establishments of an enterprise are assigned the four-digit industry code on the basis of the primary activity of the enterprise it serves. A warehouse primarily engaged in storing goods to be used or sold by other establishments of the same enterprise should be classified in the industry of the parent company. Based on the information contained in your letter, your client's warehouse should be classified in SIC 56 and is therefore exempt from the injury and illness recordkeeping requirements. Employers who are normally exempted from the recordkeeping requirements are required to comply with OSHA standards, display the OSHA poster, and report to OSHA within 8 hours any work related accident that results in a fatality or the hospitalization of three or more employees. These employers must also 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. OSHA is in the process of revising the injury and illness recordkeeping system. Among many other changes to the system, it is considering a change to the provision for exempting employers from the recordkeeping requirements based on the employer's SIC. We anticipate publishing a Notice of Proposed Rulemaking (NPRM) in the Federal Register this winter. We look forward to receiving your comments regarding our proposal. I hope you find this information helpful. If you have any other questions, please contact us at Area Code (202) 219-6463. Sincerely, Bob Whitmore Chief Division of Recordkeeping Requirements

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

Other letters on the same sections

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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.