Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-03 - Occupational Safety and Health Record-keeping and Reporting
Section 0800-01-03-.02 - SCOPE

Universal Citation: TN Comp Rules and Regs 0800-01-03-.02

Current through September 24, 2024

(1) All employers covered by the Tennessee Occupational Safety and Health Act of 1972, as amended, (Act) are covered by these rules. However, most employers do not have to keep TOSHA injury and illness records unless TOSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping TOSHA injury and illness records.

(2) Partial exemption for employers with 10 or fewer employees.

(a) Basic requirement.
1. If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep TOSHA injury and illness records unless TOSHA or the BLS informs you in writing that you must keep records under Rule 0800-01-03-.05(3) or Rule0800-01-03-05(4). However, as required by Rule 0800-01-03-.05(1), all employers covered by the Act must report to TOSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.

2. If your company had more than ten (10) employees at any time during the last calendar year, you must keep TOSHA injury and illness records unless your establishment is classified as a partially exempt industry under Rule 0800-01-03-.02 (2).

(b) Implementation.
1. Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company.

2. How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had no more than 10 employees at any time in the last calendar year, your company qualifies for the partial exemption for size.

(3) Partial exemption for establishments in certain industries.

(a) Basic requirement.
1. If your business establishment is classified in a specific industry group listed in Appendix A of Rule 0800-01-03-.02(4), you do not need to keep TOSHA injury and illness records unless the government asks you to keep the records under Rule0800-01-03-.05(3) or Rule 0800-01-03-.05(4). However, all employers must report to TOSHA any workplace incident that results in an employee's fatality, in-patient hospitalization, amputation, or loss of an eye [see Rule0800-01-03-.05(1)].

2. If one or more of your company's establishments are classified in a non-exempt industry, you must keep TOSHA injury and illness records for all of such establishments unless your company is partially exempted because of size under Rule0800-01-03-.02(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 determine your NAICS code by using one of three methods:
(i) You can use the search feature at the U.S. Census Bureau NAICS main webpage: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 activitiescontaining 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 webpage: 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 webpage: http://www.census.gov/eos/www/naics/. You may also contact your nearest TOSHA office for help in determining your NAICS Code.

(4) Non-Mandatory Appendix A - Partially Exempt Industries. Employers are not required to keep TOSHA 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 TOSHA or the Bureau of Labor Statistics (BLS). All employers, including those partially exempted by reason of company size or industry classification, must report to TOSHA any employee's fatality, in-patient hospitalization, amputation, or loss of an eye [see Rule 0800-01-03-.05(1)].

NAICS Code

Industry

4412

Other Motor Vehicle Dealers

4431

Electronics and Appliance Stores

4461

Health and Personal Care 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, Other

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

Offices 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 Instruction

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

Authority: T.C.A. §§ 4-3-1411, 50-3-101, 50-3-103, 50-3-201, 50-3-701, and 50-3-917.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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