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OSHA interpretation · 1996-02-12

The coverage of 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.

February 12, 1996 Jim Dykes, CSP Corporate Director of Safety Interstate Brands Corporation Post Office Box 419627 Kansas City, Missouri 64141-6627 Dear Mr. Dykes: Thank you for your letter dated November 19, 1995, requesting information regarding the coverage of the OSHA injury and illness recordkeeping requirements. Please excuse the delay in our response. Retail bakery stores (SIC 5461) are covered by the injury and illness recordkeeping regulation. Please note on the attached sheet that SIC 54 - Food Stores is not exempted. For the purpose of the small employer exemption, the employment figure refers to the number of employees in the entire firm (i.e. Interstate Brands Corporation), not the number in an individual establishment. On February 2, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) which presents its proposed revision to the injury and illness recordkeeping requirements. Included in the proposal is a modification of the industry and small employer exemptions to the recordkeeping requirements. We invite you to comment on the proposed changes and present your views on the utility of the records in establishments such as your small retail stores. I hope you find this information useful. If you have any further questions, please do not hesitate to contact us. 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.