Which Employers Must Keep Records & Report

December 20, 2020

Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. (Certain low-risk industries are exempted.) 

Establishments classified in the following North American Industry Classification System (NAICS) are required to keep OSHA injury and illness records unless they meet the small employer exemption under 1904.1. Note that the NAICS codes listed here are 2007 NAICS codes. For information on corresponding 2012 and 2017 codes, please visit https://www.census.gov/eos/www/naics/ Also note that the codes below are presented at the Industry Group (or 4-digit) NAICS level. All industries within a listed industry group are covered industries. For example, NAICS 111113 Dry Pea and Bean Farming is part of Industry Group 1111 Oilseed and Grain Farming and is a covered industry.

Employers are not required to keep OSHA injury and illness records for any establishment classified here, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality, in-patient hospitalization, amputation, or loss of an eye (see §1904.39). For a list of industries that are covered by this recordkeeping rule, click here.

Partial Exemption for Employers with 10 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 Cal/OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under the provisions of Section 14300.41 or Section 14300.42. However, all employers must continue to file reports of occupational injuries and illnesses with the Division of Labor Statistics and Research as required by Article 1 of this subchapter, and to immediately report to the Division of Occupational Safety and Health any workplace incident that results in serious injury or illness, or death, as required by Title 8 Section 342.
 
If your company had more than ten (10) employees at any time during the last calendar year, you must keep Cal/OSHA injury and illness records unless your establishment is classified as a partially exempt industry under Section 14300.2.
 
(1) Is the partial exemption for size based on the size of my entire company or on the size of an individual establishment?
The partial exemption for size is based on the number of employees in the entire company.
(2) How do I determine the size of my company to find out if I qualify for the partial exemption for size?
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 10 or fewer employees at all times in the last calendar year, your company qualifies for the partial exemption for size.

 

Source: The United States Department of Labor, “OSHA Injury and Illness Recordkeeping and Reporting Requirements” https://www.osha.gov website. Accessed December 20, 2020. https://www.osha.gov/recordkeeping/

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