(a) Basic requirement. (1) If your business establishment is classified in a specific industry group listed in appendix A to this subpart, 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 an employee's fatality, in-patient hospitalization, amputation, or loss of an eye (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) 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 partially exempt.
(2) How do I determine the correct NAICS code for my company or for individual establishments? You can determine your NAICS code by using one of three methods, or you may contact your nearest OSHA office or State agency for help in determining your NAICS code:
(i) You can use the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices.
(ii) Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
(iii) If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the “Concordances” link at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/.
[66 FR 6122, Jan. 19, 2001, as amended at 79 FR 56186, Sept. 18, 2014]
Notes of Decisions
Sturm Ruger Co Inc v. Chao, Elaine, 300 F.3d 867 (D.C. Cir. 2002).
· cites it 2× “Sturm Ruger claimed that, although OSHA had a regulation requiring employers to create and maintain the injury and illness data sought by the DCI survey, 29 C.F.R. § 1904.2 , no regulation required them to create and maintain the employment data also demanded by the survey.”
Chao v. Occupational Saf. & Health Review Comm'n, 401 F.3d 355 (5th Cir. 2005).
“500 ); Caterpillar, 1993 WL 44416 , at *22-*23 (finding each employer failure to record an employee’s injury or illness on its OSHA log was violation of 29 C.F.R. § 1904.2 (a)); Sec. of Labor v.”
Raymond J. Donovan v. Wollaston Alloys, Inc., 695 F.2d 1 (1st Cir. 1983).
“This section applies to the OSHA 200 log because that record is required to be maintained by 29 C.F.R. § 1904.2 (1981). There is no indication in the statute and there is no logical reason why such information should not be made available during an inspection.”
In re Worksite Inspection of Quality Prods., Inc., Appellant, 592 F.2d 611 (1st Cir. 1979).
“As a result of the inspection, OSHA on September 22 issued two citations against Quality for failing to maintain adequate records of employee injuries, in violation of 29 C.F.R. 1904.2(A) and 1904.5(A). A further citation based upon the inspection was issued on July 3, 1978.”
E. Bridge v. Sec'y of Labor, 320 F.3d 84 (1st Cir. 2003).
“The DCI Survey asks for information about the number of employees at the company, the number of hours worked by the employees, and the number of injuries and illnesses the employees suffered during that period.”
Louisiana Chem. Ass'n v. Eula Bingham, 657 F.2d 777 (5th Cir. 1981).
“While this may have played a part in congressional deliberations, it does not explain why other recordkeeping regulations, such as 29 C.F.R. § 1904.2 , remain subject to initial review in District Court.”
Fletcher v. Atex, Inc., 156 F.R.D. 45 (S.D.N.Y. 1994).
“2d 58, 59 (3d Dep’t 1988) (noting medical records kept in the regular course of business under 29 C.F.R. § 1904.2 (A) were not protected).”
Chao v. Occupational Saf. & Health Review Comm'n, 480 F.3d 320 (5th Cir. 2007).
· cites it 2× “The ALJ found that, over the course of 1998 to 2000, Jindal committed 82 willful violations and Saw Pipes committed 59 willful violations of the recordkeeping regulation, 29 C.F.R. § 1904.2 (a), 1 by intentionally and knowingly failing to record certain work-related accidents or…”
Brock v. Dow Chem. U.S.A., 801 F.2d 926 (7th Cir. 1986).
· cites it 3× “29 C.F.R. § 1904.2 (a) requires employers to “maintain .”
29 C.F.R. § 1904.2(A): 1 case
In re Worksite Inspection of Quality Prods., Inc., Appellant, 592 F.2d 611 (1st Cir. 1979).
“As a result of the inspection, OSHA on September 22 issued two citations against Quality for failing to maintain adequate records of employee injuries, in violation of 29 C.F.R. 1904.2(A) and 1904.5(A). A further citation based upon the inspection was issued on July 3, 1978.”
29 C.F.R. § 1904.2(a): 2 cases
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