29 C.F.R. Subpart B—Scope
Title 29 - Labor
Note to Subpart B: All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by these Part 1904 regulations. However, most employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping OSHA injury and illness records. (a) Basic requirement. (1) If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under §1904.41 or §1904.42. However, as required by §1904.39, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees. (2) If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under §1904.2. (b) Implementation—(1) Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company. (2) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had no more than 10 employees at any time in the last calendar year, your company qualifies for the partial exemption for size. (a) Basic requirement. (1) If your business establishment is classified in a specific low hazard retail, service, finance, insurance or real estate industry listed in Appendix A to this Subpart B, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under §1904.41 or §1904.42. However, all employers must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees (see §1904.39). (2) If one or more of your company's establishments are classified in a non-exempt industry, you must keep OSHA injury and illness records for all of such establishments unless your company is partially exempted because of size under §1904.1. (b) Implementation—(1) Does the partial industry classification exemption apply only to business establishments in the retail, services, finance, insurance or real estate industries (SICs 52–89)? Yes, business establishments classified in agriculture; mining; construction; manufacturing; transportation; communication, electric, gas and sanitary services; or wholesale trade are not eligible for the partial industry classification exemption. (2) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records, while others may be exempt. (3) How do I determine the Standard Industrial Classification code for my company or for individual establishments? You determine your Standard Industrial Classification (SIC) code by using the Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget. You may contact your nearest OSHA office or State agency for help in determining your SIC. If you create records to comply with another government agency's injury and illness recordkeeping requirements, OSHA will consider those records as meeting OSHA's Part 1904 recordkeeping requirements if OSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as this Part 1904 requires you to record. You may contact your nearest OSHA office or State agency for help in determining whether your records meet OSHA's requirements. Employers are not required to keep OSHA injury and illness records for any establishment classified in the following Standard Industrial Classification (SIC) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics ( BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees (see §1904.39).
Title 29: Labor
Part 1904—Recording and Reporting Occupational Injuries and Illnesses
Subpart B—Scope
§ 1904.1 Partial exemption for employers with 10 or fewer employees.
§ 1904.2 Partial exemption for establishments in certain industries.
§ 1904.3 Keeping records for more than one agency.
Non-Mandatory Appendix A to Subpart B of Part 1904—Partially Exempt Industries
---------------------------------------------------------------------------------------------------------------- SIC code Industry description SIC code Industry description----------------------------------------------------------------------------------------------------------------525................ Hardware Stores 725............... Shoe Repair and Shoeshine Parlors.542................ Meat and Fish Markets 726............... Funeral Service and Crematories.544................ Candy, Nut, and Confectionery Stores 729............... Miscellaneous Personal Services.545................ Dairy Products Stores 731............... Advertising Services.546................ Retail Bakeries 732............... Credit Reporting and Collection Services.549................ Miscellaneous Food Stores 733............... Mailing, Reproduction, & Stenographic Services.551................ New and Used Car Dealers 737............... Computer and Data Processing Services.552................ Used Car Dealers 738............... Miscellaneous Business Services.554................ Gasoline Service Stations 764............... Reupholstery and Furniture Repair.557................ Motorcycle Dealers 78................ Motion Picture.56................. Apparel and Accessory Stores 791............... Dance Studios, Schools, and Halls.573................ Radio, Television, & Computer Stores 792............... Producers, Orchestras, Entertainers.58................. Eating and Drinking Places 793............... Bowling Centers.591................ Drug Stores and Proprietary Stores 801............... Offices & Clinics Of Medical Doctors.592................ Liquor Stores 802............... Offices and Clinics Of Dentists.594................ Miscellaneous Shopping Goods Stores 803............... Offices Of Osteopathic.599................ Retail Stores, Not Elsewhere Classified 804............... Offices Of Other Health Practitioners.60................. Depository Institutions (banks & 807............... Medical and Dental savings institutions) Laboratories.61................. Nondepository 809............... Health and Allied Services, Not Elsewhere Classified.62................. Security and Commodity Brokers 81................ Legal Services.63................. Insurance Carriers 82................ Educational Services (schools, colleges, universities and libraries).64................. Insurance Agents, Brokers & Services 832............... Individual and Family Services.653................ Real Estate Agents and Managers 835............... Child Day Care Services.654................ Title Abstract Offices 839............... Social Services, Not Elsewhere Classified.67................. Holding and Other Investment Offices 841............... Museums and Art Galleries.722................ Photographic Studios, Portrait 86................ Membership Organizations.723................ Beauty Shops 87................ Engineering, Accounting, Research, Management, and Related Services.724................ Barber Shops 899............... Services, not elsewhere classified.----------------------------------------------------------------------------------------------------------------
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