053-4 Wyo. Code R. § 4-2

Current through April 27, 2019

Section 4-2 - Scope

Note: All employers covered by the Wyoming Occupational Health and Safety Act (OHS Act) are covered by these regulations. However, most employers do not have to keep OSHA injury and illness records unless OSHA 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 OSHA injury and illness records.

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

• (i) Basic requirement.
  • (A) If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under Section 5(c) or (d). However, as required by Section 5(a), all employers covered by the OHS Act must report to the Department any workplace incident that results in a fatality or the hospitalization of three or more employees.
  • (B) If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under Section 2(b).

• (ii) Implementation.
  • (A) 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.
  • (B) 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.

(b) Partial exemption for establishments in certain industries.

• (i) Basic requirement.
  • (A) If your business establishment is classified in a specific low hazard retail, service, finance, insurance or real estate industry listed in Appendix A to this Section 2, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under the Department or Section 5(c) or (d). However, all employers must report to the Department any workplace incident that results in a fatality or the hospitalization of three or more employees (see Section 5(a).
  • (B) If one or more of your company's establishments are classified in a non-exempt industry, you must keep OSHA injury and illness records for all of such establishments unless your company is partially exempted because of size under Section 2(a).

• (ii) Implementation.
  • (A) Does the partial industry classification exemption apply only to business establishments in the retail, services, finance, insurance or real estate industries (SICs 52-89) Yes, business establishments classified in agriculture; mining; construction; manufacturing; transportation; communication, electric, gas and sanitary services; or wholesale trade are not eligible for the partial industry classification exemption.
  • (B) 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 exempt.
  • (C) How do I determine the Standard Industrial Classification code for my company or for individual establishments? You determine your Standard Industrial Classification (SIC) code by using the Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget. You may contact the Department for help in determining your SIC.

(c) Keeping records for more than one agency. If you create records to comply with another government agency's injury and illness recordkeeping requirements, OSHA and the Department will consider those records as meeting OSHA's Part 1904 recordkeeping requirements if OSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as Part 1904 requires you to record. You may contact the Department for help in determining whether your records meet the Departments requirements.

Non-Mandatory Appendix A to Section 2. Partially Exempt Industries

Employers are not required to keep OSHA injury and illness records for any establishment classified in the following Standard Industrial Classification (SIC) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics ( BLS), or a state agency operating under the authority of OSHA or the BLS. 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 (see Section 5(a) ).

SIC Code	Industry description
525	Hardware Stores
542	Meat and Fish Markets
544	Candy, Nut, and Confectionery Stores
545	Dairy Products Stores
546	Retail Bakeries
549	Miscellaneous Food Stores
551	New and Used Car Dealers
552	Used Car Dealers
554	Gasoline Service Stations
557	Motorcycle Dealers
56	Apparel and Accessory Stores
573	Radio, Television, & Computer Stores
58	Eating and Drinking Places
591	Drug Stores and Proprietary Stores
592	Liquor Stores
594	Miscellaneous Shopping Goods Stores
599	Retail Stores, Not Elsewhere Classified
60	Depository Institutions (banks & savings institutions)
61	Nondepository
62	Security and Commodity Brokers
63	Insurance Carriers
64	Insurance Agents, Brokers & Services
653	Real Estate Agents and Managers
654	Title Abstract Offices
67	Holding and Other Investment Offices
722	Photographic Studios, Portrait
723	Beauty Shops
724	Barber Shops
725	Shoe Repair and Shoeshine Parlors
726	Funeral Service and Crematories
729	Miscellaneous Personal Services
731	Advertising Services
732	Credit Reporting and Collection Services
733	Mailing, Reproduction, & Stenographic Services
737	Computer and Data Processing Services
738	Miscellaneous Business Services
764	Reupholstery and Furniture Repair
78	Motion Picture
791	Dance Studios, Schools, and Halls
792	Producers, Orchestras, Entertainers
793	Bowling Centers
801	Offices & Clinics Of Medical Doctors
802	Offices and Clinics Of Dentists
803	Offices Of Osteopathic
804	Offices Of Other Health Practitioners
807	Medical and Dental Laboratories
809	Health and Allied Services, Not Elsewhere Classified
81	Legal Services
82	Educational Services (schools, colleges, universities and libraries)
832	Individual and Family Services
835	Child Day Care Services
839	Social Services, Not Elsewhere Classified
841	Museums and Art Galleries
86	Membership Organizations
87	Engineering, Accounting, Research, Management, and Related Services
899	Services, not elsewhere classified

053-4 Wyo. Code R. § 4-2