296-27-00103  <<  296-27-00105 >>   296-27-00107

Partial exemption for establishments in certain industries.

(1) If your establishment is classified in a specific, low hazard industry group listed in Table 1, Industry Exemption List for Recordkeeping at the end of this section, you do not need to keep injury and illness records unless DOSH, OSHA, or the BLS asks you to keep the records under this chapter. However, all employers must report to DOSH any work-related incident that results in a fatality, inpatient hospitalization, amputation, or the loss of an eye of any employee (see WAC 296-27-031).
(2) The partial industry classification exemption is based on the North American Industrial Classification System (NAICS), and it applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records while others may be exempt.
Note:
To determine your NAICS code, you can do one of the following:
 
1. Contact your nearest OSHA office or the department.
 
2. Use the search feature at the U.S. Census Bureau NAICS main web page: http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your type of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity or refine your search to obtain other choices.
 
3. Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main web page: http://www.census.gov/eos/www.naics/. Then click on the two-digit sector code to see all the NAICS codes under that sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
 
4. If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the "Concordances" link at the U.S. Census Bureau NAICS main web page: http://www.census.gov/eos/www/naics/.
Table 1
Industry Exemption List for Recordkeeping
NAICS Code
Industry
4412
Other Motor Vehicle Dealers
4431
Electronics and Appliance Stores
4461
Health and Appliance Stores
4471
Gasoline Stations
4481
Clothing Stores
4482
Shoe Stores
4483
Jewelry, Luggage, and Leather Goods Stores
4511
Sporting Goods, Hobby, and Musical Instrument Stores
4512
Book, Periodical, and Music Stores
4531
Florists
4532
Office Supplies, Stationery, and Gift Stores
4812
Nonscheduled Air Transportation
4861
Pipeline Transportation of Crude Oil
4862
Pipeline Transportation of Natural Gas
4869
Other Pipeline Transportation
4879
Scenic and Sightseeing Transportation
4885
Freight Transportation Arrangement
5111
Newspaper, Periodical, Book, and Directory Publishers
5112
Software Publishers
5121
Motion Picture and Video Industries
5122
Sound Recording Industries
5151
Radio and Television Broadcasting
5172
Wireless Telecommunications Carriers (except Satellite)
5173
Telecommunications Resellers
5179
Other Telecommunications
5181
Internet Service Providers and Web Search Portals
5182
Data Processing, Hosting, and Related Services
5191
Other Information Services
5211
Monetary Authorities—Central Bank
5221
Depository Credit Intermediation
5222
Nondepository Credit Intermediation
5223
Activities Related to Credit Intermediation
5231
Securities and Commodity Contracts Intermediation and Brokerage
5232
Securities and Commodity Exchanges
5239
Other Financial Investment Activities
5241
Insurance Carriers
5242
Agencies, Brokerages, and Other Insurance Related Activities
5251
Insurance and Employee Benefit Funds
5259
Other Investment Pools and Funds
5312
Office of Real Estate Agents and Brokers
5331
Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
5411
Legal Services
5412
Accounting, Tax Preparation, Bookkeeping, and Payroll Services
5413
Architectural, Engineering, and Related Services
5414
Specialized Design Services
5415
Computer Systems Design and Related Services
5416
Management, Scientific, and Technical Consulting Services
5417
Scientific Research and Development Services
5418
Advertising and Related Services
5511
Management of Companies and Enterprises
5611
Office Administrative Services
5614
Business Support Services
5615
Travel Arrangement and Reservation Services
5616
Investigation and Security Services
6111
Elementary and Secondary Schools
6112
Junior Colleges
6113
Colleges, Universities, and Professional Schools
6114
Business Schools and Computer and Management Training
6115
Technical and Trade Schools
6116
Other Schools and Instructions
6117
Educational Support Services
6211
Offices of Physicians
6212
Offices of Dentists
6213
Offices of Other Health Practitioners
6214
Outpatient Care Centers
6215
Medical and Diagnostic Laboratories
6244
Child Day Care Services
7114
Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
7115
Independent Artists, Writers, and Performers
7213
Rooming and Boarding Houses
7221
Full-Service Restaurants
7222
Limited-Service Eating Places
7224
Drinking Places (Alcoholic Beverages)
8112
Electronic and Precision Equipment Repair and Maintenance
8114
Personal and Household Goods Repair and Maintenance
8121
Personal Care Services
8122
Death Care Services
8131
Religious Organizations
8132
Grantmaking and Giving Services
8133
Social Advocacy Organizations
8134
Civic and Social Organizations
8139
Business, Professional, Labor, Political, and Similar Organizations
[Statutory Authority: RCW 49.17.010, 49.17.040, and 49.17.050. WSR 15-11-066, § 296-27-00105, filed 5/19/15, effective 7/1/15. Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 09-01-158, § 296-27-00105, filed 12/23/08, effective 3/1/09; WSR 08-05-012, § 296-27-00105, filed 2/8/08, effective 4/1/08. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-01-064, § 296-27-00105, filed 12/14/01, effective 1/1/02.]
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