[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR]

[Page 64-65]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
Part 1904_Recording and Reporting Occupational Injuries and 
 
                          Subpart G_Definitions
 
Sec.  1904.46  Definitions.


    The Act. The Act means the Occupational Safety and Health Act of 
1970 (29 U.S.C. 651 et seq.). The definitions contained in section 3 of 
the Act (29 U.S.C. 652) and related interpretations apply to such terms 
when used in this Part 1904.
    Establishment. An establishment is a single physical location where 
business is conducted or where services or industrial operations are 
performed. For activities where employees do not work at a single 
physical location, such as construction; transportation; communications, 
electric, gas and sanitary services; and similar operations, the 
establishment is represented by main or branch offices, terminals, 
stations, etc. that either supervise such activities or are the base 
from which personnel carry out these activities.
    (1) Can one business location include two or more establishments? 
Normally, one business location has only one establishment. Under 
limited conditions, the employer may consider two or more separate 
businesses that share a single location to be separate establishments. 
An employer may divide one location into two or more establishments only 
when:
    (i) Each of the establishments represents a distinctly separate 
business;
    (ii) Each business is engaged in a different economic activity;
    (iii) No one industry description in the Standard Industrial 
Classification Manual (1987) applies to the joint activities of the 
establishments; and
    (iv) Separate reports are routinely prepared for each establishment 
on the number of employees, their wages and salaries, sales or receipts, 
and other business information. For example, if an employer operates a 
construction company at the same location as a lumber yard, the employer 
may consider each business to be a separate establishment.
    (2) Can an establishment include more than one physical location? 
Yes, but only under certain conditions. An employer may combine two or 
more physical locations into a single establishment only when:
    (i) The employer operates the locations as a single business 
operation under common management;
    (ii) The locations are all located in close proximity to each other; 
and
    (iii) The employer keeps one set of business records for the 
locations, such as records on the number of employees, their wages and 
salaries, sales or receipts, and other kinds of business information. 
For example, one manufacturing establishment might include the main 
plant, a warehouse a few blocks away, and an administrative services 
building across the street.
    (3) If an employee telecommutes from home, is his or her home 
considered a separate establishment? No, for employees who telecommute 
from home, the employee's home is not a business establishment and a 
separate 300 Log is not required. Employees who telecommute must be 
linked to one of your establishments under Sec.  1904.30(b)(3).
    Injury or illness. An injury or illness is an abnormal condition or 
disorder. Injuries include cases such as, but not limited to, a cut, 
fracture, sprain, or amputation. Illnesses include both acute and 
chronic illnesses, such as,

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but not limited to, a skin disease, respiratory disorder, or poisoning. 
(Note: Injuries and illnesses are recordable only if they are new, work-
related cases that meet one or more of the Part 1904 recording 
criteria.)
    Physician or Other Licensed Health Care Professional. A physician or 
other licensed health care professional is an individual whose legally 
permitted scope of practice (i.e., license, registration, or 
certification) allows him or her to independently perform, or be 
delegated the responsibility to perform, the activities described by 
this regulation.
    You. ``You'' means an employer as defined in Section 3 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 652).