Scope of the Rule
All employers covered by the Occupational Safety and Health Act of 1970 (OSH Act) are covered by CFR 29 1904, Recording and Reporting Occupational Injuries and Illness.
Most employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records.
Basic Requirements
Ten or fewer employees. If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records. (Section 1904.1)
More than ten employees. If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry. (Section 1904.2)
Exception. All employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality, in-patient hospitalization, amputation, or loss of an eye. (Section 1904.39)
Implementation
The partial exemption for size is based on the number of employees in the entire company.
To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had no more than 10 employees at any time in the last calendar year, your company qualifies for the partial exemption for size.
See OSHA's Partially Exempt Industries web page for a list of partially exempted industries.
Knowledge Check Choose the best answer for the question.
1-4. Who must report to OSHA any workplace incident that results in a fatality, in-patient hospitalization, amputation, or loss of an eye?
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