[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: 29CFR1904.2]

[Page 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. 1904.2  Partial exemption for establishments in certain industries.

    (a) Basic requirement. (1) If your business establishment is 
classified in a specific low hazard retail, service, finance, insurance 
or real estate industry listed in Appendix A to this Subpart B, you do 
not need to keep OSHA injury and illness records unless the government 
asks you to keep the records under Sec. 1904.41 or Sec. 1904.42. 
However, all employers must report to OSHA any workplace incident that 
results in a fatality or the hospitalization of three or more employees 
(see Sec. 1904.39).
    (2) If one or more of your company's establishments are classified 
in a non-exempt industry, you must keep OSHA injury and illness records 
for all of such establishments unless your company is partially exempted 
because of size under Sec. 1904.1.
    (b) Implementation. (1) Does the partial industry classification 
exemption apply only to business establishments in the retail, services, 
finance, insurance or real estate industries (SICs 52-89)? Yes, business 
establishments classified in agriculture; mining; construction; 
manufacturing; transportation; communication, electric, gas and sanitary 
services; or wholesale trade are not eligible for the partial industry 
classification exemption.
    (2) Is the partial industry classification exemption based on the 
industry classification of my entire company or on the classification of 
individual business establishments operated by my company? The partial 
industry classification exemption applies to individual business 
establishments. If a company has several business establishments engaged 
in different classes of business activities, some of the company's 
establishments may be required to keep records, while others may be 
exempt.
    (3) How do I determine the Standard Industrial Classification code 
for my company or for individual establishments? You determine your 
Standard Industrial Classification (SIC) code by using the Standard 
Industrial Classification Manual, Executive Office of the President, 
Office of Management and Budget. You may contact your nearest OSHA 
office or State agency for help in determining your SIC.