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Chapter 7. Division of Labor Statistics and Research
Subchapter 1. Occupational Injury and Illness Reports and Records
Article 2. Employer Records of Occupational Injury or Illness

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§ 14300.2. Partial Exemption for Establishments in Certain Industries.

(a) Basic requirement.
(1) If you are an employer and your business establishment is classified in a specific industry group 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.
(b) Implementation.
(1) 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 partially exempt.
(2) How do I determine the correct NAICS code for my company or for individual establishments? You can determine your NAICS code by using one of three methods, or you may contact your nearest OSHA office or State agency for help in determining your NAICS code:
(i) You can use the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices.
(ii) Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
(iii) If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the “Concordances” link at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/.
Appendix A to Section 14300.2
Employers are not required to keep Cal/OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or the Division of Occupational Safety and Health. All employers, including those partially exempted by reason of their 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.
Table 1
NAICS Code
Industry
4412
Other Motor Vehicle Dealers.
4431
Electronics and Appliance Stores.
4461
Health and Personal Care Stores.
4471
Gasoline Stations.
4481
Clothing Stores.
4482
Shoe Stores.
4483
Jewelry, Luggage, and Leather Goods Stores.
4511
Sporting Goods, Hobby, and Musical Instrument Stores.
4512
Book, Periodical, and Music Stores.
4531
Florists.
4532
Office Supplies, Stationery, and Gift Stores.
4812
Nonscheduled Air Transportation.
4861
Pipeline Transportation of Crude Oil.
4862
Pipeline Transportation of Natural Gas
4869
Other Pipeline Transportation.
4879
Scenic and Sightseeing Transportation, Other.
4885
Freight Transportation Arrangement.
5111
Newspaper, Periodical, Book, and Directory Publishers.
5112
Software Publishers.
5122
Sound Recording Industries.
5151
Radio and Television Broadcasting.
5172
Wireless Telecommunications Carriers (except Satellite).
5173
Telecommunications Resellers.
5179
Other Telecommunications.
5181
Internet Service Providers and Web Search Portals.
5182
Data Processing, Hosting, and Related Services.
5191
Other Information Services.
5211
Monetary Authorities-Central Bank.
5221
Depository Credit Intermediation.
5222
Nondepository Credit Intermediation.
5223
Activities Related to Credit Intermediation.
5231
Securities and Commodity Contracts Intermediation
and Brokerage.
5232
Securities and Commodity Exchanges.
5239
Other Financial Investment Activities.
5241
Insurance Carriers.
5242
Agencies, Brokerages, and Other Insurance Related Activities.
5251
Insurance and Employee Benefit Funds.
5259
Other Investment Pools and Funds.
5312
Offices of Real Estate Agents and Brokers.
5331
Lessors of Nonfinancial Intangible Assets
(except Copyrighted Works).
5411
Legal Services.
5412
Accounting, Tax Preparation, Bookkeeping, and Payroll
Services.
5413
Architectural, Engineering, and Related Services.
5414
Specialized Design Services.
5415
Computer Systems Design and Related Services.
5416
Management, Scientific, and Technical Consulting Services.
5417
Scientific Research and Development Services.
5418
Advertising and Related Services.
5511
Management of Companies and Enterprises.
5611
Office Administrative Services.
5614
Business Support Services.
5615
Travel Arrangement and Reservation Services.
5616
Investigation and Security Services.
6111
Elementary and Secondary Schools.
6112
Junior Colleges.
6113
Colleges, Universities, and Professional Schools.
6114
Business Schools and Computer and Management Training.
6115
Technical and Trade Schools.
6116
Other Schools and Instruction.
6117
Educational Support Services.
6211
Offices of Physicians.
6212
Offices of Dentists.
6213
Offices of Other Health Practitioners.
6214
Outpatient Care Centers.
6215
Medical and Diagnostic Laboratories.
6244
Child Day Care Services.
7114
Agents and Managers for Artists, Athletes, Entertainers,
and Other Public Figures.
7115
Independent Artists, Writers, and Performers.
7213
Rooming and Boarding Houses.
7221
Full-Service Restaurants.
7222
Limited-Service Eating Places.
7224
Drinking Places (Alcoholic Beverages).
8112
Electronic and Precision Equipment Repair and Maintenance.
8114
Personal and Household Goods Repair and Maintenance.
8121
Personal Care Services.
8122
Death Care Services.
8131
Religious Organizations.
8132
Grantmaking and Giving Services.
8133
Social Advocacy Organizations.
8134
Civic and Social Organizations.
8139
Business, Professional, Labor, Political, and Similar
Organizations.
NOTE: In California, establishments in NAICS Code 5121, Motion Picture and Video Industries 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.
HISTORY
1. New section and Appendix A filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).
2. Amendment of section and Appendix filed 8-20-2015; operative 1-1-2016 (Register 2015, No. 34).


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