August 23, 2012

Mr. Charles Wise
6232 University Ave. #10
Madison, WI 53705

Dear Mr. Wise:

Thank you for your October 26, 2011, letter to the Occupational Safety and Health Administration (OSHA). Your letter has been referred to OSHA's Directorate of Enforcement Program's (DEP's) Office of General Industry and Agricultural Enforcement (GIAE) for an answer to your questions regarding accident injury reports. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence.

Scenario: Your letter states that while employed at a car dealership, you were accidently hit by another car when moving a company car from one building to another. You also state that you were away from work for two and half weeks, and that you returned to work with job limitations.

Question: Was the Human Resources Department required to provide me with an accident injury report?

Response: OSHA's regulation at 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses, requires employers to record certain information about the injuries and illnesses that occur in their workplaces. Appendix A to Subpart B of the regulation contains a list of industries that are partially exempt from maintaining records of occupational injuries and illnesses, generally due to their relatively low rates of occupational injury and illness. Appendix A to Subpart B states:

"Employers are not required to keep OSHA injury and illness records for any establishment classified in the Standard Industrial (SIC) Classification Codes found in Appendix A, unless they are asked in writing to do so by OSHA, the Bureau of Labor and Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. Furthermore, all employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees."

New and used car dealerships (SIC 551) are considered a partially exempt industry, and therefore are not required by OSHA to maintain records of occupational injury and illness. Below, please see the web link for OSHA's Recordkeeping partially exempt industries. A copy of the partially exempt industries is also enclosed for your review. http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=12791.

Question: Was the Human Resources Department required to file an accident injury report?

Response: As stated above, your employer is exempt from OSHA's injury and illness recordkeeping regulation, and is not required to create or maintain OSHA records. You should consult your Human Resources Department or the local Worker's Compensation office for a copy of the accident injury report.

We thank you for your interest in occupational safety and health. We hope you find this information helpful. 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 http://www.osha.gov. If you have any further questions, please feel free to contact our Office of General Industry and Agricultural Enforcement at (202) 693-1850.

Sincerely,

Thomas Galassi, Director
Directorate of Enforcement Programs