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OSHA interpretation · 1996-02-12

An interpretation concerning OSHA recordkeeping requirements as applied to sheltered workshops.

← 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.

February 12, 1996 Larry L. Young Extended Employment Sheltered Workshops Department of Elementary and Secondary Education Post Office Box 480 Jefferson City, Missouri 65102-0480 Dear Mr. Young: Thank you for your letter dated November 28, 1995, requesting an interpretation concerning OSHA recordkeeping requirements as applied to sheltered workshops. Please excuse the delay in our response. The Standard Industrial Classification for sheltered workshops is 8331, no matter what specific activity they perform. As found on page 5 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses (attached), SIC 8331 is an exempt industry. Therefore sheltered workshops need not keep OSHA injury and illness records unless contacted by the Bureau of Labor Statistics to participate in their Annual Survey. Care must be taken when assigning SIC code 8331. It must be established that the primary function of the company is to provide job training and vocational rehabilitation, and not the manufacture of a product. There are no industry exemptions for the Hazard Communication requirements. If hazardous chemicals are present in your workplace, you must have a written hazcom program. I hope you find this information useful. If you have any further questions, please call 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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The free recordability check works through Part 1904 in the order the regulation sets out and quotes the provision behind every step.

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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.