Statutes, codes, and regulations
Washington Administrative Code
Title 296 - Labor and Industries, Department of
Chapter 296-27 - Recordkeeping and reporting
Section 296-27-00105 - Partial exemption for establishments in certain industries

Wash. Admin. Code § 296-27-00105

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Current through Register Vol. 24-23, December 1, 2024
Section 296-27-00105 - 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 AuthoritiesCentral 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

Wash. Admin. Code § 296-27-00105

Amended by WSR 15-11-066, Filed 5/19/2015, effective 7/1/2015

Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 09-01-158, § 296-27-00105, filed 12/23/08, effective 3/1/09; 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. 02-01-064, § 296-27-00105, filed 12/14/01, effective 1/1/02.