(a) Basic requirement.
(1) If your company had ten (10) or fewer employees at all times during
the last calendar year, you do not need to keep Cal/OSHA injury and
illness records unless OSHA or the BLS informs you in writing that you
must keep records under the provisions of Section 14300.41 or Section
14300.42. However, all employers must continue to file reports of
occupational injuries and illnesses with the Division of Labor Statistics
and Research as required by Article 1 of this subchapter, and to
immediately report to the Division of Occupational Safety and Health any
workplace incident that results in serious injury or illness, or death, as
required by Title 8 Section 342.
(2) If your company had more than ten (10) employees at any time during
the last calendar year, you must keep Cal/OSHA injury and illness records
unless your establishment is classified as a partially exempt industry
under Section 14300.2.
(1) Is the partial exemption for size based on the size of my entire
company or on the size of an individual establishment?
The partial exemption for size is based on the number of employees in
the entire company.
(2) How do I determine the size of my company to find out if I qualify
for the partial exemption for size?
To determine if you are exempt because of size, you need to determine
your company's peak employment during the last calendar year. If you had
10 or fewer employees at all times in the last calendar year, your company
qualifies for the partial exemption for size.
NOTE: Authority cited: Section 6410, Labor Code. Reference: Section
6410, Labor Code.