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February 12, 1996

Larry L. Young
Extended Employment
Sheltered Workshops
Department of Elementary and
Secondary Education
Post Office Box 480
Jefferson City, Missouri 65102-0480

Dear Mr. Young:

Thank you for your letter dated November 28, 1995, requesting an interpretation concerning OSHA recordkeeping requirements as applied to sheltered workshops. Please excuse the delay in our response.

The Standard Industrial Classification for sheltered workshops is 8331, no matter what specific activity they perform. As found on page 5 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses (attached), SIC 8331 is an exempt industry. Therefore sheltered workshops need not keep OSHA injury and illness records unless contacted by the Bureau of Labor Statistics to participate in their Annual Survey.

Care must be taken when assigning SIC code 8331. It must be established that the primary function of the company is to provide job training and vocational rehabilitation, and not the manufacture of a product.

There are no industry exemptions for the Hazard Communication requirements. If hazardous chemicals are present in your workplace, you must have a written hazcom program.

I hope you find this information useful. If you have any further questions, please call us at Area Code (202) 219-6463.

Sincerely,



Bob Whitmore
Chief
Division of Recordkeeping Requirements