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OSHA interpretation · 1997-06-19

SIC's excluded from OSHA occupational injury and illness recordkeeping.

← 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.

June 19, 1997 Sherry Maddox Manager, Clinical Risk Humana Inc. 500 West Main Post Office Box 1438 Louisville, KY 40201-1438 Dear Ms. Maddox: Thank you for your letter, which we received on May 28, 1997, requesting clarification on Humana Inc.'s recordkeeping obligations. Your Standard Industrial Classification code, SIC 80, classifies you primarily under health services (HMOs, PPOs, hospitals). Please note that in the reference which you cited on Page 5 of the Recordkeeping Guidelines concerning employees in low-hazard industries (insurance), it also states, "An employer whose establishment is classified in SIC's 52-89, ( excluding 52-54, 70,75, 76, 79, and 80 ) need not comply...." (emphasis added). Therefore, the health services industry is not an exempted industry and you fall under the OSHA injury and illness recordkeeping regulation. To help you understand the reason you are required to continue recordkeeping in the various situations you have described, I am enclosing an attachment on auxiliary establishments found in the SIC Manual. As described, these are all treated as operating establishments and continue to fall under OSHA recordkeeping regulation. 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.