§1904.2SIC code Industry description64 Insurance Agents, Brokers, & Services653 Real Estate Agents and Managers654 Title Abstract Offices67 Holding and Other Investment Offices722 Photographic Studios, Portrait723 Beauty Shops724 Barber Shops725 Shoe Repair and Shoeshine Parlors726 Funeral Service and Crematories729 Miscellaneous Personal Services731 Advertising Services732 Credit Reporting and Collection Services733 Mailing, Reproduction, & StenographicServices737 Computer and Data Processing Services738 Miscellaneous Business Services764 Reupholstery and Furniture Repair78 Motion Picture791 Dance Studios, Schools, and Halls792 Producers, Orchestras, EntertainersSIC code Industry description793 Bowling Centers801 Offices & Clinics Of Medical Doctors802 Offices and Clinics Of Dentists803 Offices Of Osteopathic804 Offices Of Other Health Practitioners807 Medical and Dental Laboratories809 Health and Allied Services, Not ElsewhereClassified81 Legal Services82 Educational Services (schools, colleges,universities and libraries)832 Individual and Family Services835 Child Day Care Services839 Social Services, Not Elsewhere Classified841 Museums and Art Galleries86 Membership Organizations87 Engineering, Accounting, Research,Management, and Related Services899 Services, not elsewhere classifiedPREAMBLE DISCUSSION: Section 1904.2(66 FR 5939-5945, Jan. 19, 2001)The following are selected excerpts from the preamble to the Occupational Injury and Illness Recording andReporting Requirements, the <strong>Recordkeeping</strong> rule (66 FR 5916, 29 CFR Parts 1904 and 1952). These excerptsrepresent some of the key discussions related to the final rule (66 FR 6122, 29 CFR Parts 1904 and 1952).Section 1904.2 Partial exemption for establishmentsin certain industriesSection 1904.2 of the final rule partially exemptsemployers with establishments classified in certainlower-hazard industries. The final rule updates theformer rule’s listing of partially exempted lower-hazardindustries. Lower-hazard industries are thoseStandard Industrial Classification (SIC) code industrieswithin SICs 52-89 that have an average DaysAway, Restricted, or Transferred (DART) rate at orbelow 75% of the national average DART rate. Theformer rule also contained such a list based on datafrom 1978-1980. The final rule’s list differs from thatof the former rule in two respects: (1) the hazardinformation supporting the final rule’s lower-hazardindustry exemptions is based on the most recentthree years of BLS statistics (1996, 1997, 1998), and(2) the exception is calculated at the 3-digit ratherthan 2-digit level.The changes in the final rule’s industry exemptionsare designed to require more employers inhigher-hazard industries to keep records all of thetime and to exempt employers in certain lower-hazardindustries from keeping <strong>OSHA</strong> injury and illnessrecords routinely. For example, compared with theformer rule, the final rule requires many employersin the 3-digit industries within retail and service sectorindustries that have higher rates of occupationalinjuries and illnesses to keep these records butexempts employers in 3-digit industries within thoseindustries that report a lower rate of occupationalinjury and illness….You determine your Standard IndustrialClassification (SIC) code by using the StandardIndustrial Classification Manual, Executive Office ofthe President, Office of Management and Budget.You may contact your nearest <strong>OSHA</strong> office or Stateagency for help in determining your SIC.Employers with establishments in those industrysectors shown in Appendix A are not required routinelyto keep <strong>OSHA</strong> records for their establishments.They must, however, keep records if requested to doso by the Bureau of Labor Statistics in connectionwith its Annual Survey (section 1904.42) or by <strong>OSHA</strong>in connection with its Data Initiative (section 1904.41).In addition, all employers covered by the OSH Actmust report a work-related fatality, or an accidentthat results in the hospitalization of three or more6<strong>OSHA</strong> RECORDKEEPINGHANDBOOK
employees, to <strong>OSHA</strong> within 8 hours (section1904.39).In 1982, <strong>OSHA</strong> exempted establishments in anumber of service, finance and retail industries fromthe duty to regularly maintain the <strong>OSHA</strong> Log andIncident Report (47 FR 57699 (Dec. 28, 1982)). Thisindustry exemption to the Part 1904 rule was intendedto “reduce paperwork burden on employers withoutcompromising worker safety and health.” …Although the 1982 Federal Register notice discussedthe possibility of revising the exempt industrylist on a routine basis, the list of partially exemptindustries compiled in 1982 has remained unchangeduntil this revision of the Part 1904 rule…....[N]on-mandatory Appendix A of the final ruleidentifies industries for exemption at the 3-digit SICcode level. Although this approach does make the listof exempt industries longer and more detailed, italso targets the exemption more effectively than didthe former rule’s list. For example, the final rule doesnot exempt firms in many of the more hazardous 3-digit SIC industries that are embedded within lowerrate 2-digit SIC industries. It does, however, exemptfirms in relatively low-hazard 3-digit SIC industries,even though they are classified in higher hazard 2-digit SIC industries. Where Days Away, Restricted, orTransferred (DART, formerly LWDI) rate calculationsexempt all of the 3-digit SIC industries within a given2-digit industry, the exempt industry list in AppendixA displays only the 2-digit SIC classification. Thisapproach merely provides a shorter, simpler list.For multi-establishment firms, the industryexemption is based on the SIC code of each establishment,rather than the industrial classification of afirm as a whole. For example, some larger corporationshave establishments that engage in differentbusiness activities. Where this is the case, eachestablishment could fall into a different SIC code,based on its business activity. The StandardIndustrial Classification manual states that the establishment,rather than the firm, is the appropriate unitfor determining the SIC code. Thus, depending onthe SIC code of the establishment, one establishmentof a firm may be exempt from routine recordkeepingunder Part 1904, while another establishment in thesame company may not be exempt….<strong>OSHA</strong> has evaluated other approaches but hasdecided that the 3-digit DART rate method is bothsimpler and more equitable than the former 2-digitmethod. By exempting lower-hazard industry sectorswithin SICs 52-89, <strong>OSHA</strong> hopes both to concentrateits recordkeeping requirements in sectors that willprovide the most useful data and to minimize paperworkburden. No exemption method is perfect: anymethod that exempts broad classes of employersfrom recordkeeping obligations will exempt somemore hazardous workplaces and cover some lesshazardous workplaces. <strong>OSHA</strong> has attempted to minimizeboth of these problems by using the most currentinjury and illness statistics available, and byapplying them to a more detailed industry level withinthe retail, financial and service sectors than wasformerly the case. <strong>OSHA</strong> has also limited the scopeof the exemptions by using an exemption thresholdthat is well below the national average, includingonly those industries that have average DART ratesthat are at or below 75% of the national averageDART rate. The rule also limits the exempt industriesto the retail, financial and service sectors, which aregenerally less hazardous than the manufacturingindustry sector….The final rule makes clear that, when a “leased”or “temporary” employee is supervised on a day-todaybasis by the using firm, the using firm mustenter that employee’s injuries and illnesses on theusing firm’s establishment Log and other records.Injuries and illnesses occurring to a given employeeshould only be recorded once, either by the temporarystaffing firm or the using firm, depending onwhich firm actually supervises the temporaryemployees on a day-to-day basis. (see the discussionfor Section 1904.31, Covered employees, for an indepthexplanation of these requirements.)…After a review of the recent BLS data, <strong>OSHA</strong>’s ownexperience, and the record of this rulemaking, <strong>OSHA</strong>has decided that it is appropriate to require firms inindustries within the SIC 01 through 51 codes to complywith <strong>OSHA</strong>’s requirements to keep records. Thus,the final rule, like the proposed rule and the rule publishedin 1982, does not exempt firms with more than10 employees in the industry divisions of agriculture,mining, construction, manufacturing, wholesaletrade, transportation and public utilities (SICs 01-52)from routine recordkeeping.Although <strong>OSHA</strong> no longer restricts its inspectiontargeting schemes to employers in these SICs, theseindustries have traditionally been, and continue tobe, the focus of many of the Agency’s enforcementprograms. <strong>OSHA</strong> believes that it is important for largeremployers (i.e., those with more than 10 employees)in these industries to continue to collect andmaintain injury and illness records for use by theemployer, employees and the government. As notedin the comments there is a wide variation in injury/illnessrates among establishments classified in theseindustries. Further, as a whole, these industries con-§1904.2<strong>OSHA</strong> RECORDKEEPINGHANDBOOK7
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A partial day of work is recorded a
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In all other respects, the final ru
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ments. The Agency believes that the
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e recorded because it will require
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However, episodes of fainting from
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care professional, he or she may al
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“Other simple means” of removin
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For purposes of OSHA recordkeeping
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• When answering the doctor’s q
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Response: In the recordkeeping regu
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Letter of interpretation related to
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Section 1904.8Recording criteria fo
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caused by contaminated needles and
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Section 1904.9Recording criteria fo
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Section 1904.10Recording criteria f
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hearing loss case that is not relat
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average of 10 decibels or more at 2
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argued that because the function of
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occurs, and where hearing loss can
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cases in their workplace via analys
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March 4, 2004Mr. Carl O. Sall, CIHD
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When the professional evaluating th
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(2) May I line-out or erase a recor
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Section 1904.12Recording criteria f
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These new statistics would add only
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Sections 1904.13 - 1904.28 Reserved
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two lines of the OSHA 300 Log to de
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which replace the OSHA 200 and 101
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different types of occupational ill
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OSHA 301 form. These data are usefu
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LETTERS OF INTERPRETATION: Section
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Question 2: Under 29 CFR Section 19
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and has adopted language in the fin
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Section 1904.31Covered employees(66
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label assigned to a worker is immat
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These workers should be evaluated j
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Response: A case is work-related if
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Response: Section 1904.31 states th
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Thank you for your interest in occu
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year covered by the summary. The su
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2. Number of employees and hours wo
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LETTERS OF INTERPRETATION: Section
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Section 1904.33Retention and updati
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June 23, 2003Mr. Edwin G. Foulke, J
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Section 1904.34Change in business o
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PREAMBLE DISCUSSION: Section 1904.3
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Incident Report (Forms 300 and 301,
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workers’ compensation claim. See
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LETTERS OF INTERPRETATION: Section
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Letter of interpretation related to
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Question 3: Using the facts in Ques
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Section 1904.37State recordkeeping
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tion, require employers to report f
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(5) If I receive a variance, may th
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Section 1904.39Reporting fatalities
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gation. Therefore, the final rule d
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Section 1904.40Providing records to
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ness. The government inspector may
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Response: The controlling employer
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FREQUENTLY ASKED QUESTIONS: Section
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OSHA and the BLS have worked togeth
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provide copies of the retained reco
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FREQUENTLY ASKED QUESTIONS: Section
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Section 1904.46Definitions(66 FR 61
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of business information. For exampl
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inconvenience associated with keepi
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skin disease, respiratory disorder,
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Question 2: Under 29 CFR Section 19
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