[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1904.12]

[Page 45-47]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1904--RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES--Table of Contents
 
Sec. 1904.12  Definitions.

    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of

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1970 (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.).
    (b) The definitions and interpretations contained in section (2) of 
the Act shall be applicable to such terms when used in this part 1904.
    (c) Recordable occupational injuries or illnesses are any 
occupational injuries or illnesses which result in:
    (1) Fatalities, regardless of the time between the injury and death, 
or the length of the illness; or
    (2) Lost workday cases, other than fatalities, that result in lost 
workdays; or
    (3) Nonfatal cases without lost workdays which result in transfer to 
another job or termination of employment, or require medical treatment 
(other than first aid) or involve: loss of consciousness or restriction 
of work or motion. This category also includes any diagnosed 
occupational illnesses which are reported to the employer but are not 
classified as fatalities or lost workday cases.
    (d) Medical treatment includes treatment administered by a physician 
or by registered professional personnel under the standing orders of a 
physician. Medical treatment does not include first aid treatment even 
though provided by a physician or registered professional personnel.
    (e) First Aid is any one-time treatment, and any followup visit for 
the purpose of observation, of minor scratches, cuts, burns, splinters, 
and so forth, which do not ordinarily require medical care. Such one-
time treatment, and followup visit for the purpose of observation, is 
considered first aid even though provided by a physician or registered 
professional personnel.
    (f) Lost workdays: The number of days (consecutive or not) after, 
but not including, the day of injury or illness during which the 
employee would have worked but could not do so; that is, could not 
perform all or any part of his normal assignment during all or any part 
of the workday or shift, because of the occupational injury or illness.
    (g)(1) Establishment: A single physical location where business is 
conducted or where services or industrial operations are performed. (For 
example: A factory, mill, store, hotel, restaurant, movie theater, farm, 
ranch, bank, sales office, warehouse, or central administrative office.) 
Where distinctly separate activities are performed at a single physical 
location (such as contract construction activities operated from the 
same physical location as a lumber yard), each activity shall be treated 
as a separate establishment.
    (2) For firms engaged in activities such as agriculture, 
construction, transportation, communications, and electric, gas and 
sanitary services, which may be physically dispersed, records may be 
maintained at a place to which employees report each day.
    (3) Records for personnel who do not primarily report or work at a 
single establishment, and who are generally not supervised in their 
daily work, such as traveling salesmen, technicians, engineers, etc., 
shall be maintained at the location from which they are paid or the base 
from which personnel operate to carry out their activities.
    (h) Establishments Classified in Standard Industrial Classification 
Codes (SIC) 52-89. (1) Establishments whose primary activity constitutes 
retail trade; finance, insurance, real estate and services are 
classified in SIC's 52-89.
    (2) Retail trades are classified as SIC`s 52-59 and for the most 
part include establishments engaged in selling merchandise to the 
general public for personal or household consumption. Some of the retail 
trades are: automotive dealers, apparel and accessory stores, furniture 
and home furnishing stores, and eating and drinking places.
    (3) Finance, insurance and real estate are classified as SIC's 60-67 
and include establishments which are engaged in banking, credit other 
than banking, security dealings, insurance, and real estate.
    (4) Services are classified as SIC's 70-89 and include 
establishments which provide a variety of services for individuals, 
businesses, government agencies, and other organizations. Some of the 
service industries are: Personal and business services, in addition to 
legal, education, social, and cultural; and membership organizations.
    (5) The primary activity of an establishment is determined as 
follows: For finance, insurance, real estate, and services 
establishments, the value of

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receipts or revenue for services rendered by an establishment determines 
its primary activity. In establishments with diversified activities, the 
activities determined to account for the largest share of production, 
sales or revenue will identify the primary activity. In some instances 
these criteria will not adequately represent the relative economic 
importance of each of the varied activities. In such cases, employment 
or payroll should be used in place of the normal basis for determining 
the primary activity.

[36 FR 12612, July 2, 1971, as amended at 37 FR 20822, Oct. 4, 1972; 47 
FR 57702, Dec. 28, 1982]