The Scenario of the Missing OSHA Summary
So, you forgot to report a serious injury and now Cal-OSHA is crawling around your facility. Let’s face it, nobody wants to injure employees or fellow co-workers. Organizations should provide a safe working environment. That being said, it is much better to use funds to pay to abate hazards than it is to pay fines to OSHA – especially fines for things that you can opt out of – like keeping the OSHA Log 300. Okay, you decided to keep a OSHA Log 300, but you forgot to post the summary between the months of Feb. and April. Now what?
Take Advantage of Partial Exemptions
In California, as is the case with Federal OSHA, there are provisions that partially exempt certain organizations from keeping the OSHA Log 300. School Districts and Colleges (code 82) are one of those organizations. If you don’t have to keep the logs, then don’t keep them. If you do decide that you want to keep the logs in spite of your partial exemption, that’s fine, but know that you are then subject to citation for any mistakes, failing to post, and the like. Again, we want to avoid paying unnecessary fines and one way to do that is to take advantage of partial exemptions.
If you take advantage of your partial exemption, you have eliminated two possible sources of fines/citations. 1. Making errors on the OSHA Logs. And 2. Posting the OSHA Summary. If you don’t keep OSHA Logs then you cannot post your OSHA summary. If you are cited by OSHA for not posting, like many partially exempt organizations are, then you can appeal your citation and try the partially exempt defense. While OSHA inspectors should be aware of this exemption, many are not and many will write the citation anyway.
Why is it a Partial Exemption?
Here’s the catch – it is a partial exemption, not a full exemption, for a reason. That reason is this. If you receive notices from the BLS or OSHA, then you must keep the logs and complete their summaries at the end of the year. It’s still debatable if you have to post your summary, but at that point it would be best to do so and avoid the possibility of a citation down the road.
The Partial Exemption Code
This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.
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
§ 14300.2. Partial Exemption for Establishments in Certain Industries.
(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.