(a) Basic requirement.
(1) If you are a public or private sector employer and all of your establishments are classified in the retail, service, finance, insurance or real estate industries listed in Table 1 in Appendix A of this section, you do not need to keep Cal/OSHA injury and illness records required by Article 2 unless the government asks you to keep the records under Section 14300.41 or Section 14300.42. However, all employers must report to the Division of Occupational Safety and Health any workplace incident that results in a serious injury or illness, or death, as required at Title 8 Section 342.
(2) If one or more of your establishments are classified in a non-exempt industry, you must keep Cal/OSHA injury and illness records required by Article 2 for all such establishments except those partially exempted because of size under Section 14300.1.
(1) Does the partial industry classification exemption apply only to the types of establishments in the retail, service, finance, insurance or real estate industries listed in Table 1?
Yes. Establishments classified in agriculture; mining; construction; manufacturing; transportation; communication, electric, gas and sanitary services; or wholesale trade, and those establishments in the retail, service, finance, insurance and real estate industries not specifically listed in Table 1 in Appendix A 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 establishments operated by my company?
The partial industry classification exemption applies to individual establishments. If a company has several establishments engaged in different classes of 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 the nearest office of the Division of Occupational Safety and Health for help in determining your SIC code. The SIC Manual can also be viewed at the Internet site for OSHA, www.osha.gov.
Appendix A to Section 14300.2
Public and private sector employers are not required to keep Cal/OSHA injury and illness records for any establishment classified in the following Standard Industrial Classification (SIC) codes, unless they 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. All employers, including those partially exempted by reason of size or industry classification, must report to the Division of Occupational Safety and Health any workplace incident that results in a serious injury or illness, or death, as required at Title 8 Section 342.
PARTIALLY EXEMPT INDUSTRIES IN CALIFORNIA
|SIC Code||Industry Description||SIC Code||Industry Description|
|525||Hardware Stores||731||Advertising Services|
|542||Meat and Fish Markets||732||Credit Reporting and Collection Services|
|544||Candy, Nut, and Confectionery Stores||733||Mailing, Reproduction and Stenographic Services|
|545||Dairy Products Stores|
|546||Retail Bakeries||737||Computer and Data Processing Services|
|549||Miscellaneous Food stores||738||Miscellaneous Business Services|
|551||New and Used car Dealers||764||Reupholstery and Furniture Repair|
|552||Used Car Dealers||782||Motion Picture Distribution and Allied Services|
|554||Gasoline Service Stations|
|557||Motorcycle Dealers 783 Motion Picture Theaters||783||Motion Pictures Theaters|
|56||Apparel and Accessory Stores||784||Video Tape Rental|
|573||Radio, Television, and Computer Stores||791||Dance Studios, Schools, and Halls|
|58||Eating and Drinking Places||792||Producers, Orchestras, Entertainers|
|591||Drug Stores and Proprietary Stores||793||Bowling Centers|
|592||Liquor Stores||801||Offices and Clinics of Medical Doctors|
|594||Miscellaneous Shopping Goods Stores||802||Offices and Clinics of Dentists|
|599||Retail Stores, Not Elsewhere Classified||803||Offices of Osteopathic|
|60||Depository Institutions (banks and savings institutions)||804||Offices of Other Health Practitioners|
|807||Medical and Dental Laboratories|
|61||Nondepository||809||Health and Allied Services, Not Elsewhere Classified|
|62||Security and Commodity Brokers|
|63||Insurance Carriers||81||Legal Services|
|64||Insurance Agents, Brokers and Services||82||Educational Services (schools, colleges, universities and libraries)|
|653||Real Estate Agents and Managers|
|654||Title Abstract Offices||832||Individual and Family Services|
|67||Holding and Other Investment Offices||835||Child Day Care Services|
|722||Photographic Studios, Portrait||839||Social Services, Not Elsewhere Classified|
|723||Beauty Shops||841||Museums and Art Galleries|
|724||Barber Shops||86||Membership Organizations|
|725||Shoe Repair and Shoeshine Parlors||87||Engineering, Accounting, Research, Management, and Related Services|
|726||Funeral Service and Crematories|
|729||Miscellaneous Personal Services||899||Services, Not Elsewhere Classified|
NOTE: In California, establishments in SIC Code 781 (Motion Picture Production and Allied Services) are required to record. Federal law does not require these establishments to record. This is the only difference between the list of establishments shown in Table 1 above and the list shown in the equivalent federal rule at 29 CFR 1904.2.
NOTE: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.