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What Does It Mean To Be a Partially Exempt Industry Under OSHA?

Question:

According to our company’s NAICS code it says we’re a Partially Exempt Industry. Do we have to complete the OSHA Form 300A each year?

Answer:

If your North American Industry Classification System (NAICS) code classifies you as a Partially Exempt Industry, it is not necessary to complete OSHA injury and illness records (including the OSHA Form 300A). Unless you 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. 

SHRM’s article “Am I Exempt from OSHA’s Recordkeeping Requirements” notes that there are two exceptions to OSHA’s recordkeeping requirements.

  1. First, businesses with 10 or fewer employees must keep these records only if the agency specifically requires them to do so. Businesses with 10 or fewer employees throughout the previous calendar year do not need to complete recordkeeping forms. Keep in mind that if there are more than 10 employees at any time during that calendar year, the employer may come under the requirement. When counting employees, business owners must include full-time, part-time, temporary and seasonal workers.
  2. The second exemption is for establishments classified in certain industries. For example, restaurants, banks, and medical offices do not have to complete the forms. For a complete list see the OSHA List of Partially Exempt Industries.

Please note that all employers, including those partially exempt 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. Make reports to the local OSHA office or to 1-800-321-OSHA within eight hours of when managers become aware of the incident.

Strategic HR, inc. understands your concerns with the well-being of your employees. We offer expertise in health, safety and security to cover any need you may have from analyzing your safety programs to making sure you are OSHA compliant to proactively ensuring employee wellness. Please visit our Health, Safety and Security page for more information on any of these services.