California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 7 - Department of Industrial Relations
Subchapter 1 - Occupational Injury or Illness Reports and Records
Article 2 - Employer Records of Occupational Injury or Illness
Section 14300.2 - Partial Exemption for Establishments in Certain Industries

Universal Citation: 8 CA Code of Regs 14300.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Basic requirement.

(1) If you are an employer and your business establishment is classified in a specific industry group listed in Table 1 in Appendix A of this section, you do not need to keep Cal/OSHA injury and illness records required by Article 2 unless the government asks you to keep the records under Section 14300.41 or Section 14300.42. However, all employers must report to the Division of Occupational Safety and Health any workplace incident that results in a serious injury or illness, or death, as required at Title 8 Section 342.

(2) If one or more of your establishments are classified in a non-exempt industry, you must keep Cal/OSHA injury and illness records required by Article 2 for all such establishments except those partially exempted because of size under Section 14300.1.

(b) Implementation.

(1) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption 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 partially exempt.

(2) How do I determine the correct NAICS code for my company or for individual establishments? You can determine your NAICS code by using one of three methods, or you may contact your nearest OSHA office or State agency for help in determining your NAICS code:
(i) You can 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 kind 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.

(ii) 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.

(iii) 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/.Appendix A to Section 14300.2

Employers are not required to keep Cal/OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or the Division of Occupational Safety and Health. All employers, including those partially exempted by reason of their size or industry classification, must report to the Division of Occupational Safety and Health any workplace incident that results in a serious injury or illness, or death, as required at Title 8 Section 342.Table 1

NAICS CodeIndustry
4412Other Motor Vehicle Dealers.
4431Electronics and Appliance Stores.
4461Health and Personal Care Stores.
4471Gasoline Stations.
4481Clothing Stores.
4482Shoe Stores.
4483Jewelry, Luggage, and Leather Goods Stores.
4511Sporting Goods, Hobby, and Musical Instrument Stores.
4512Book, Periodical, and Music Stores.
4531Florists.
4532Office Supplies, Stationery, and Gift Stores.
4812Nonscheduled Air Transportation.
4861Pipeline Transportation of Crude Oil.
4862Pipeline Transportation of Natural Gas.
4869Other Pipeline Transportation.
4879Scenic and Sightseeing Transportation, Other.
4885Freight Transportation Arrangement.
5111Newspaper, Periodical, Book, and Directory Publishers.
5112Software Publishers.
5122Sound Recording Industries.
5151Radio and Television Broadcasting.
5172Wireless Telecommunications Carriers (except Satellite).
5173Telecommunications Resellers.
5179Other Telecommunications.
5181Internet Service Providers and Web Search Portals.
5182Data Processing, Hosting, and Related Services.
5191Other Information Services.
5211Monetary Authorities-Central Bank.
5221Depository Credit Intermediation.
5222Nondepository Credit Intermediation.
5223Activities Related to Credit Intermediation.
5231Securities and Commodity Contracts Intermediation and Brokerage.
5232Securities and Commodity Exchanges.
5239Other Financial Investment Activities.
5241Insurance Carriers.
5242Agencies, Brokerages, and Other Insurance Related Activities.
5251Insurance and Employee Benefit Funds.
5259Other Investment Pools and Funds.
5312Offices of Real Estate Agents and Brokers.
5331Lessors of Nonfinancial Intangible Assets (except Copyrighted Works).
5411Legal Services.
5412Accounting, Tax Preparation, Bookkeeping, and Payroll Services.
5413Architectural, Engineering, and Related Services.
5414Specialized Design Services.
5415Computer Systems Design and Related Services.
5416Management, Scientific, and Technical Consulting Services.
5417Scientific Research and Development Services.
5418Advertising and Related Services.
5511Management of Companies and Enterprises.
5611Office Administrative Services.
5614Business Support Services.
5615Travel Arrangement and Reservation Services.
5616Investigation and Security Services.
6111Elementary and Secondary Schools.
6112Junior Colleges.
6113Colleges, Universities, and Professional Schools.
6114Business Schools and Computer and Management Training.
6115Technical and Trade Schools.
6116Other Schools and Instruction.
6117Educational Support Services.
6211Offices of Physicians.
6212Offices of Dentists.
6213Offices of Other Health Practitioners.
6214Outpatient Care Centers.
6215Medical and Diagnostic Laboratories.
6244Child Day Care Services.
7114Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures.
7115Independent Artists, Writers, and Performers.
7213Rooming and Boarding Houses.
7221Full-Service Restaurants.
7222Limited-Service Eating Places.
7224Drinking Places (Alcoholic Beverages).
8112Electronic and Precision Equipment Repair and Maintenance.
8114Personal and Household Goods Repair and Maintenance.
8121Personal Care Services.
8122Death Care Services.
8131Religious Organizations.
8132Grantmaking and Giving Services.
8133Social Advocacy Organizations.
8134Civic and Social Organizations.
8139Business, Professional, Labor, Political, and Similar Organizations.

NOTE: In California, establishments in NAICS Code 5121, Motion Picture and Video Industries are required to record. Federal law does not require these establishments to record. This is the only difference between the list of establishments shown in Table 1 above and the list shown in the equivalent federal rule at 29 CFR 1904.2.

1. New section and Appendix A filed 1-15-2002; operative 1-15-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 3).
2. Amendment of section and Appendix filed 8-20-2015; operative 1-1-2016 (Register 2015, No. 34).

Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.

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