OSHA's recordkeeping regulation is fairly straightforward. Some employers are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. Other employers don't need to, if they have a relatively low occupational injury and illness rate.
So, which category does your company fall into? OSHA has updated the recordkeeping rule to adjust the list properly. We will discuss key elements here; for the full OSHA recordkeeping rule notice, visit this link.
Who is exempt under the updated recordkeeping rule?
There are two classes of employers that are partially exempt from routinely keeping injury and illness records:
Employers with ten or fewer employees at all times during the previous calendar year have maintained their exemption through the update.
Establishments in certain low-hazard industries are also partially exempt from routinely keeping OSHA injury and illness records.
Starting on January 1, 2015, there will be a new list of industries that will be partially exempt from keeping these OSHA records. Establishments located in states under Federal OSHA jurisdiction must begin to comply with the new requirements on January 1, 2015.
Establishments located in states that operate their own safety and health programs should check with their state plan for the implementation date of the new requirements.
How can I find out for sure if I am required to prepare and maintain records under the new rule?
First, you should determine your NAICS code by either:
Using the search feature at the U.S. Census Bureau NAICS main webpage: www.census. gov/eos/www/naics. In the search box for the most recent NAICS, enter a keyword that describes your business. Choose the primary business activity that most closely corresponds to you, or refine your search to get more choices.
Viewing the most recent complete NAICS tables on the U.S. Census Bureau NAICS main webpage: www.census.gov/eos/www/naics. Select the two-digit sector code and choose a six-digit industry code to read its definition.
Using an old Standard Industrial Classification (SIC) code to find your NAICS code using the detailed conversion tables on the U.S. Census Bureau Concordances page: www. census.gov/eos/www/naics/concordances/ concordances.html.
Contacting your nearest OSHA office or state agency for help.
Afterwards, use Table 1 below to determine if your industry is exempt from the recordkeeping rule.
Table 1: New List of Partially Exempt Industries
Table 2: Industries That Include Establishments Newly Required to Keep Records
If you have any further questions or concerns, don't hesitate to contact us!