C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart B—Scope

29 C.F.R. § 1904.1

Partial exemption for employers with 10 or fewer employees

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(a) Basic requirement. (1) If your company had 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 Bureau of Labor Statistics 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 work-related incident that results in a fatality, the in-patient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye.

(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.

[66 FR 6122, Jan. 19, 2001, as amended at 85 FR 8731, Feb. 18, 2020]
Notes of Decisions
Cited in 6 cases, 1979–2019 · leading case: Pub. Citizen Health Research Grp. v. Acosta
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Pub. Citizen Health Research Grp. v. Acosta (2018) cadc · cites it 2× “See 29 C.F.R. §§ 1904.1 (a), 1904.29. Initially, OSHA did not require employers to submit these forms, and it only collected them on an ad hoc basis, either during inspections of individual workplace sites or through industry-specific surveys.”
P & Z CO., INC. v. District of Columbia (1979) dc “Thus they are removed from operation of the statutory preemption provisions.”
Public Citizen Health Research Group v. Acosta (2018) dcd “See 29 C.F.R. §§ 1904.1 (a), 1904.29. Initially, OSHA did not require employers to submit these forms, and it only collected them on an ad hoc basis, either during inspections of individual workplace sites or through industry-specific surveys.”
Public Citizen Health Research Group v. Acosta (2019) dcd “See 29 C.F.R. §§ 1904.1 (a), 1904.29. To aid enforcement efforts and improve workplace safety, OSHA promulgated a rule (the “Electronic Reporting Rule”) in May 2016 requiring certain employers to submit these forms to OSHA electronically each year.”
National Engineering & Contracting Co. v. United States Department of Labor Occupational Safety & Health Administration (1989) ohsd “29 C.F.R. § 1904.1 . The OSHA form 200s and the Log and Summary of Occupational Injuries and Illnesses are extremely relevant in fulfilling the purposes of the Act.”
Sturm Ruger v. USA (1999) nhd “See 29 C.F.R. § 1904.1 (1998). Uniform compilation of employee statistics at the establishment level advances comparison of establishments within industries and facilitates enforcement of the Act.”
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