Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at

November 22, 1994

William M. Montante, CSP Assistant Vice President M&M Protection Consultants 3400 Georgia-Pacific Center 133 Peachtree Street, N.E. Atlanta, Georgia 30303-1808

Dear Mr. Montante:

Thank you for your letter dated November 4, requesting information concerning exemptions from the OSHA injury and illness recordkeeping requirements. It was forwarded to us by the Office of General Industry Compliance Assistance. As noted in your letter, SIC 56 (Apparel and Accessory Stores) is an exempt industry. Furthermore, as outlined on pages 16 and 17 of the Standard Industrial Classification Manual (enclosed), auxiliary establishments of an enterprise are assigned the four-digit industry code on the basis of the primary activity of the enterprise it serves. A warehouse primarily engaged in storing goods to be used or sold by other establishments of the same enterprise should be classified in the industry of the parent company. Based on the information contained in your letter, your client's warehouse should be classified in SIC 56 and is therefore exempt from the injury and illness recordkeeping requirements.

Employers who are normally exempted from the recordkeeping requirements are required to comply with OSHA standards, display the OSHA poster, and report to OSHA within 8 hours any work related accident that results in a fatality or the hospitalization of three or more employees. These employers must also maintain an OSHA 200 Log if they are notified in writing by the Bureau of Labor Statistics that they have been selected to participate in the Annual Survey of Occupational Injuries and Illnesses.

OSHA is in the process of revising the injury and illness recordkeeping system. Among many other changes to the system, it is considering a change to the provision for exempting employers from the recordkeeping requirements based on the employer's SIC. We anticipate publishing a Notice of Proposed Rulemaking (NPRM) in the Federal Register this winter. We look forward to receiving your comments regarding our proposal.

I hope you find this information helpful. If you have any other questions, please contact us at Area Code (202) 219-6463.


Bob Whitmore Chief Division of Recordkeeping Requirements