[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1904.1]

[Page 43-44]
 
                             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
 
                             Subpart B_Scope
 
Sec. 1904.1  Partial exemption for employers with 10 or fewer employees.

    Note to Subpart B: All employers covered by the Occupational Safety 
and Health Act (OSH Act) are covered by these Part 1904 regulations. 
However, 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. For example, employers with 10 
or fewer employees and business establishments in certain industry 
classifications are partially exempt from keeping OSHA injury and 
illness records.


    (a) Basic requirement. (1) 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 under Sec. 1904.41 or Sec. 
1904.42. However, as required by Sec. 1904.39, all employers covered by 
the OSH Act must report to OSHA any workplace incident that results in a 
fatality or the hospitalization of three or more employees.

[[Page 44]]

    (2) 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 under Sec. 1904.2.
    (b) Implementation. (1) Is the partial exemption for size based on 
the size of my entire company or on the size of an individual business 
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 no more than 10 
employees at any time in the last calendar year, your company qualifies 
for the partial exemption for size.