OSHA has proposed changing the industries that would be generally exempt from maintaining regular workplace injury and illness records. Employers in exempt industries are not required to maintain OSHA 300 Logs, complete OSHA 301 incident report forms, or complete the OSHA 300A annual summary forms.

OSHA’s proposed rule also would require employers to report workplace amputations to the Agency within 24 hours, as well as all in-patient hospitalizations within 8 hours. Existing recordkeeping rule (Part 1904) requires employers to report in-patient hospitalizations of 3 or more employees to OSHA within 8 hours. Any workplace fatality would continue to be reportable, as well.

Partially Exempt Industries

OSHA’s recordkeeping rule excludes certain employers in relatively low hazard industries from the Agency’s basic recordkeeping requirements. The current exemption list is industry-specific and based on the now-outdated 1987 Standard Industrial Classification (SIC) coding system. OSHA’s proposed rule will re-categorize the exempt industries based on the North American Industrial Classification System (NAICS), which is the system used by federal agencies for statistical research purposes. The proposal also will remove some industries from the list based on new injury and illness data compiled by the Bureau of Labor Statistics.

The proposed change is significant. Some employers who have for years been regularly exempt from maintaining OSHA 300 Logs will now be required to keep them. Recordkeepers will need to be trained on identifying a work-related injury and illness and recording properly such injuries and illnesses that meet OSHA’s severity criteria. Conversely, some employers that have been required to keep records will now be exempt from this obligation. 

Employers should check the following lists to determine where they fit within OSHA’s proposed rule:

Industries that Include Establishments to be Newly Required to Keep Records

3118       Bakeries and Tortilla Manufacturing

4411       Automobile Dealers

4413       Automotive Parts, Accessories, and Tire Stores

4441       Building Material and Supplies Dealers

4452       Specialty Food Stores

4453       Beer, Wine, and Liquor Stores

4539       Other Miscellaneous Store Retailers

4543       Direct Selling Establishments

5313       Activities Related to Real Estate

5322       Consumer Goods Rental

5324       Commercial and Industrial Machinery and Equipment Rental and Leasing

5419       Other Professional, Scientific, and Technical Services

5612       Facilities Support Services

5617       Services to Buildings and Dwellings

5619       Other Support Services

6219       Other Ambulatory Health Care Services

6241       Individual and Family Services

6242       Community Food and Housing, and Emergency and Other Relief Services

7111       Performing Arts Companies

7113       Promoters of Performing Arts, Sports, and Similar Events

7121       Museums, Historical Sites, and Similar Institutions

7139       Other Amusement and Recreation Industries

7223       Special Food Services

8129       Other Personal Services

Industries that Include Establishments to be Newly Partially Exempt from Keeping Records

4412       Other Motor Vehicle Dealers

4431       Electronics and Appliance Stores

4461       Health and Personal Care Stores

4471       Gasoline Stations

4511       Sporting Goods, Hobby, and Musical Instrument Stores

4532       Office Supplies, Stationery, and Gift Stores

4812       Nonscheduled Air Transportation

4861       Pipeline Transportation of Crude Oil

4862       Pipeline Transportation of Natural Gas

4869       Other Pipeline Transportation

4879       Scenic and Sightseeing Transportation, Other

4885       Freight Transportation Arrangement

5111       Newspaper, Periodical, Book, and Directory Publishers

5122       Sound Recording Industries

5151       Radio and Television Broadcasting

5172       Wireless Telecommunications Carriers (except Satellite)

5173       Telecommunications Resellers

5179       Other Telecommunications

5181       Internet Service Providers and Web Search Portals

5191       Other Information Services

5221       Depository Credit Intermediation

5239       Other Financial Investment Activities

5241       Insurance Carriers

5259       Other Investment Pools and Funds

5413       Architectural, Engineering, and Related Services

5416       Management, Scientific, and Technical Consulting Services

5418       Advertising and Related Services

5511       Management of Companies and Enterprises

5614       Business Support Services

5615       Travel Arrangement and Reservation Services

5616       Investigation and Security Services

6116       Other Schools and Instruction

7213       Rooming and Boarding Houses

8112       Electronic and Precision Equipment Repair and Maintenance

8114       Personal and Household Goods Repair and Maintenance

8122       Death Care Services

8134       Civic and Social Organizations

8139       Business, Professional, Labor, Political, and Similar Organizations

Reporting In-Patient Hospitalizations and Amputations

Under OSHA’s existing recordkeeping rule, employers must report to OSHA within 8 hours all work-related fatalities and in-patient hospitalizations of 3 or more employees. OSHA’s proposal would broaden this reporting requirement to include work-related amputations and any work-related in-patient hospitalization of an employee. The former would be required to be reported within 24 hours of the occurrence of the incident and the latter would need to be reported within 8 hours. 

With this proposal, OSHA is following the actions of many states that have adopted more stringent reporting requirements for amputations and in-patient hospitalizations. 

Employers have until September 20, 2011, to file written comments on the proposal and are encouraged to participate in the rulemaking process.