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 The current exemption list is industry-specific and based on the now-outdated 1987 Standard Industrial Classification (SIC) coding system.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.