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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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

February 12, 1996

Jim Dykes, CSP
Corporate Director of Safety
Interstate Brands Corporation
Post Office Box 419627
Kansas City, Missouri 64141-6627

Dear Mr. Dykes:

Thank you for your letter dated November 19, 1995, requesting information regarding the coverage of the OSHA injury and illness recordkeeping requirements. Please excuse the delay in our response. Retail bakery stores (SIC 5461) are covered by the injury and illness recordkeeping regulation. Please note on the attached sheet that SIC 54 - Food Stores is not exempted. For the purpose of the small employer exemption, the employment figure refers to the number of employees in the entire firm (i.e. Interstate Brands Corporation), not the number in an individual establishment.

On February 2, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) which presents its proposed revision to the injury and illness recordkeeping requirements. Included in the proposal is a modification of the industry and small employer exemptions to the recordkeeping requirements. We invite you to comment on the proposed changes and present your views on the utility of the records in establishments such as your small retail stores.

I hope you find this information useful. If you have any further questions, please do not hesitate to contact us.


Bob Whitmore
Division of Recordkeeping Requirements