Follow-Up Message Regarding the New OSHA Posting Requirement
February 3, 2005
In the previous e-Alert, we provided a web-link to a list of industries exempt from the new posting requirement. However, we have received several questions regarding the exempt-status of various industry groups. In general, if your business establishment is classified in a specific low hazard retail, service, finance, insurance or real estate industry, as listed in the Occupational Safety and Health Act (OSHA) Partially Exempt Industries Appendix, you do not need to keep injury and illness records unless the government asks you to keep such records. However, all employers must report to OSHA within eight (8) hours of any workplace incident that results in a fatality or the hospitalization of three or more employees.
Please use caution in determining whether your industry is partially exempt. The list provided in the Appendix simply serves as a general guide. A more thorough analysis is required. For example, 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. The general list of partially exempt industries may be found at: http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html. A complete list of all industries and sub-categories may be found at: http://www.osha.gov/pls/imis/sic_manual.html.
Please click here to read our previous e-Alert, sent on January 28, 2005.
For more information on how to comply, please contact one of the attorneys in Sonnenschein’s employment practice group.
Contacts:
Chicago
Roger T. Brice (312) 876-3112 rbrice@sonnenschein.com
Jeffrey S. Goldman (312) 876-8955 jgoldman@sonnenschein.com
Richard L. Marcus (312) 876-8177 rmarcus@sonnenschein.com
Kansas City
Mark P. Johnson (816) 460-2424 mjohnson@sonnenschein.com
Los Angeles
Martin J. Foley (213) 892-5004 mfoley@sonnenschein.com
San Francisco
Gayle M. Athanacio (415) 882-5077 gathanacio@sonnenschein.com
Sandra R. McCandless (415) 882-2412 smccandless@sonnenschein.com
Washington
Amy L. Bess (202) 408-6444 abess@sonnenschein.com
These materials should not be considered as, or as a substitute for, legal advice and they are not intended to nor do they create an attorney-client relationship. Because the materials included here are general, they may not apply to your individual legal or factual circumstances. You should not take (or refrain from taking) any action based on the information you obtain from this document without first obtaining professional counsel and you should not send us confidential information without first speaking to one of our attorneys and receiving explicit authorization to do so.
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