Occupational Injury and Illness Recording and Reporting Requirements-NAICS Update and Reporting Revisions

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1904

[Docket No. OSHA-2010-0019]

RIN 1218-AC50

Occupational Injury and Illness Recording and Reporting Requirements—NAICS Update and Reporting Revisions

AGENCY:

Occupational Safety and Health Administration (OSHA), Labor.

ACTION:

Proposed rule.

SUMMARY:

OSHA is proposing to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation. Appendix A 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. The current list of industries is based on the Standard Industrial Classification (SIC) system. In 1997, the North American Industry Classification System (NAICS) was introduced to classify establishments by industry. The proposed rule would update Appendix A by replacing it with a list of industries based on NAICS and more recent injury and illness data.

The proposed rule would also require employers to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. The current regulation requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees.

DATES:

Written comments:

Comments must be submitted by September 20, 2011.

ADDRESSES:

Written comments:

You may submit comments, identified by docket number OSHA-2010-0019, or regulatory information number (RIN) 1218-AC50, by any of the following methods:

Electronically:

You may submit comments electronically at

http://www.regulations.gov,

which is the Federal e-rulemaking portal. Follow the

instructions on the Web site for making electronic submissions;

Fax:

If your submission, including attachments, does not exceed 10 pages, you may fax it to the OSHA docket office at (202) 693-1648; or

Mail, hand delivery, express mail, messenger, or courier service:

You must submit three copies of your comments and attachments to the OSHA Docket Office, Docket Number OSHA-2010-0019, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and docket office's normal business hours, 8:15 a.m.-4:45 p.m.

Instructions for submitting comments:

All submissions must include the docket number (Docket No. OSHA-2010-0019) or the RIN (RIN 1218-AC50) for this rulemaking. Because of security-related procedures, submission by regular mail may result in significant delay. Please contact the OSHA docket office for information about security procedures for making submissions by hand delivery, express delivery, and messenger or courier service.

All comments, including any personal information you provide, are placed in the public docket without change and may be made available online at

http://www.regulations.gov.

Therefore, OSHA cautions you about submitting personal information such as social security numbers and birthdates.

Docket:

To read or download submissions in response to this

Federal Register

notice, go to docket number OSHA-2010-0019, at

http://regulations.gov.

All submissions are listed in the

http://regulations.gov

index, however, some information (

e.g.,

copyrighted material) is not publicly available to read or download through that Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA docket office.

Electronic copies of this

Federal Register

document are available at

http://www.regulations.gov.

This document, as well as news releases and other relevant information, is available at OSHA's Web site at

http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT:

For press inquiries:

OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)-693-1999.

For general and technical information on the proposed rule:

OSHA Office of Statistical Analysis, Room N-3641, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2400.

SUPPLEMENTARY INFORMATION:

OSHA's current regulation at Section 1904.2 partially exempts certain lower-hazard industries classified in Standard Industrial Classification (SIC) codes 52 through 89 from injury and illness recordkeeping requirements. Lower hazard industries are those industries with an average Days Away, Restricted, or Transferred (DART) rate at or below 75 percent of the national average DART rate. The DART rate represents the total non-fatal injuries and illnesses resulting in days away from work, restricted work activity, and/or job transfer per 100 full-time employees for a given period of time (usually 1 year). The current list of partially exempt industries, which is included in Appendix A to Subpart B, is based on injury and illness data compiled by the Bureau of Labor Statistics (BLS) for 1997, 1998 and 1999.

OSHA is proposing to revise the list of partially exempt industries in Appendix A using the North American Industry Classification System (NAICS). The revised list in proposed Appendix A is based on DART rates compiled by BLS for 2007, 2008 and 2009. Industries listed in proposed Appendix A would still be required to keep records if requested to do so by BLS in connection with its Annual Survey (29 CFR 1904.42), or by OSHA in connection with its Data Initiative (29 CFR 1904.41).

OSHA is also proposing to revise Section 1904.39, which currently requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. The proposed rule would require an employer to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations.

This regulation was developed in accordance with the principles of Executive Order 12866 and Executive Order 13563. Executive Order 12866 requires that OSHA estimate the benefits, costs, and net benefits of proposed regulations. The Agency estimates the regulation will cost approximately $8.5 million, on an annualized basis. As discussed elsewhere in this preamble, the Agency believes the annual benefits, while unquantified, are significantly in excess of the annual costs.

I. Legal Authority

OSHA is issuing this proposed revision of the Recordkeeping regulation pursuant to authority expressly granted by sections 8 and 24 of the Occupational Safety and Health Act (the “OSH Act” or “Act) (29 U.S.C. 657, 673). Section 8(c)(1) requires each employer to “make, keep and preserve, and make available to the Secretary [of Labor] or the Secretary of Health and Human Services, such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regarding the causes and prevention of occupational accidents and illnesses.” Section 8(c)(2) directs the Secretary to prescribe regulations “requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job” (29 U.S.C. 657(c)(2). Section 8(g)(2) of the OSH Act broadly empowers the Secretary to “prescribe such rules and regulations as [s]he may deem necessary to carry out [her] responsibilities under the Act” (29 U.S.C. 657(g)(2)).

Section 24 of the OSH Act contains a similar grant of authority. It requires the Secretary to “develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics ” and “compile accurate statistics on work injuries and illnesses which shall include all disabling, serious, or significant injuries and illnesses, whether or not involving loss of time from work, other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job” (29 U.S.C. 673(a)). Section 24 also requires employers to “file such reports [of work injuries and illnesses] with the Secretary” as she may prescribe by regulation (29 U.S.C. 673(e)).

In addition, the Secretary's responsibilities under the OSH Act are defined largely by its enumerated purposes, which include “[p]roviding appropriate reporting procedures that will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem” (29 U.S.C. 651(b)(12)).

The OSH Act authorizes the Secretary to issue two types of occupational safety and health rules;

standards

and

regulations.

Standards, which are authorized by section 6 of the OSH Act, specify remedial measures to be taken to prevent and control employee exposure to identified occupational hazards; while regulations are the means to effectuate other statutory purposes, including the collection and discrimination of records of occupational injuries and illnesses. Courts of appeal have held that OSHA recordkeeping rules are regulations and not standards (

Louisiana Chemical Ass'n

v.

Bingham, 657 F.2d 777, 782-785 (5th Cir. 1981);

Workplace Health & Safety Council

v.

Reich,

56 F.3d 1465, 1467-1469 (DC Cir. 1995).

II. Summary and Explanation of the Proposed Rule

A. Section 1904.2—Partial Exemption for Establishments in Certain Industries

Background

Although the OSH Act gives OSHA the authority to require all employers covered by the Act to keep records of employee injuries and illnesses, major classes of employers are partially exempted from Part 1904. First, as provided in Section 1904.1, employers with 10 or fewer employees are partially exempt from keeping OSHA injury and illness records. Second, as provided in section 1904.2, establishments in certain lower-hazard industry classifications are also partially exempt.

The partial exemption based on lower-hazard industry classification has been part of the OSHA recordkeeping regulations since 1982. OSHA exempted establishments in a number of service, finance, and retail industries from the duty to regularly maintain the OSHA Log and Incident Report (47 FR 57699). This industry exemption to recordkeeping requirements was intended to “reduce paperwork burden on employers without compromising worker safety and health.” See, 47 FR 57700.

The 1982 list of partially exempt industries was established by identifying major industry groups with relatively low rates of occupational injuries and illnesses in the SIC codes encompassing retail trade, finance, insurance and real estate, and the service industries (SICs 52-89). Major industry groups were defined at the 2-digit classification level from the SIC manual published by the U.S. Office of Management and Budget (OMB). Industries in these major industry groups were partially exempted from coverage by Part 1904 if their average lost workday injury (LWDI) rate for 1978-80 was at or below 75 percent of the overall private sector annual LWDI rate. Industries that involved more serious occupational hazards, comprising the industry divisions of agriculture, construction, manufacturing, utilities, mining, and wholesale trade, remained subject to the full recordkeeping requirements. Although the 1982

Federal Register

notice discussed the possibility of revising the exempt industry list on a routine basis, the list remained unchanged until 2001.

On January 19, 2001, OSHA published a final rule (66 FR 5916) which comprehensively revised the Part 1904 recordkeeping regulations. As part of this revision, OSHA updated the list of lower-hazard industries that are partially exempted from the recordkeeping requirements. The list of lower-hazard industries established in the 2001 final rule is the current list set forth in Appendix A to Subpart B.

The 2001 final rule updated the 1982 list of industries by applying the same approach for identifying affected industries. Industries were selected for the list based on two criteria. First, only industries classified in SIC codes 52 through 89 were considered eligible for inclusion on the list. Second, industries were included if they had an average DART rate, based on the most recent three years of available data, at or below 75 percent of the most recent national rate. The 2001 list differed from the 1982 list in two respects: (1) The injury/illness rate data supporting the final rule's industry exemption were based on BLS statistics for 1996, 1997, and 1998, and (2) the industries were defined at the 3-digit rather than 2-digit SIC code level.

The issue of converting from SIC to NAICS codes was addressed in the 2001 rulemaking (66 FR 5916). Although the NAICS had been formally adopted by 2001, several statistical agencies had not converted their systems to the new codes. In fact, BLS did not publish its first occupational injury and illness rates using the NAICS codes until 2004, when it published the rates for calendar year 2003. As a result, OSHA stated in the preamble to the 2001 final rule that it used the SIC system to determine the list of partially exempted industries. The agency also stated its intention to conduct a future rulemaking to update the list using NAICS codes. (66 FR 5944).

Presently, NAICS is the standard system used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. economy. NAICS was developed under the auspices of OMB, and adopted in 1997 to replace the SIC system. It was developed jointly by the United States, Canada, and Mexico to allow for a high level of compatibility in business statistics among the North American countries.

The official 2007 U.S. NAICS Manual includes definitions for each industry, background information, tables showing changes between 2002 and 2007, and a comprehensive index. The official 2007 NAICS Manual is available in print and CD Rom from the National Technical Information Service (NTIS) at (800) 553-6847, or through the NTIS Web site at

http://www.ntis.gov.

Description of Proposed Revisions

OSHA proposes to update Appendix A to Subpart B in two ways. First, the list of partially exempted industries would be converted from one based on SIC codes to one based on NAICS codes. Second, the DART rates used to determine which NAICS code industries qualify for the lower-hazard partial exemption would be based on more recent BLS data.

Consistent with OSHA's longstanding policy, individual industry classifications in major industry sectors generally considered to involve greater occupational hazards, are not included on the proposed partially exempt list. As with the current regulation, industries ineligible for the partial exemption under the proposed rule include those in the agriculture, utilities, construction, manufacturing, and wholesale trade sectors.

For industries in the remaining sectors, the most recent three years (2007, 2008 and 2009) of available BLS data were used to calculate the average rate of serious injuries and illnesses for each industry, as represented by the DART rate. Industries with an average DART rate equal to or less than 75 percent of the average national DART rate from 2007 through 2009 are included on the list of partially exempt lower-hazard industries in proposed Appendix A, with one exception.

Under the existing regulation, establishments in Personnel Supply Services (SIC 736) are currently required to maintain injury and illness logs; this industry is not included in the existing Appendix A. For many employees working for establishments in this industry, their actual place of work may be in an establishment that is part of another industry. OSHA is proposing that establishments in the corresponding NAICS industry, NAICS 5613 Employment Services, continue to

be required to maintain logs for the employees under their supervision as they are currently required to do. Thus, NAICS 5613 Employment Services is not included in the proposed Appendix A.

According to the data published by BLS, the average national private sector DART rate for 2007-2009 was 2.0. Thus, specific industries, as defined by 4-digit NAICS codes, which had an average DART rate for 2007-2009 of 1.5 or less, and which are in the eligible broad industry sectors, were included in the list in proposed Appendix A (except NAICS 5613 Employment Services).

The industries included in proposed Appendix A were identified as follows.

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.

For a more thorough discussion regarding the specific industries which would be newly exempted or newly covered by the proposed rule, please refer to Section III of this preamble.

This rulemaking also fulfills a commitment made by OSHA to the Government Accountability Office (GAO). In October 2009, GAO published a report entitled: “Enhancing OSHA's Records Audit Process Could Improve the Accuracy of Worker Injury and Illness Data” (GAO-10-10). One of the recommendations made by GAO was to update the list of industries used by OSHA to select worksites for records audits. In its response to GAO, OSHA agreed to conduct a rulemaking that would update the coverage of the relevant recordkeeping requirements from the old SIC-based system to one based on the NAICS codes.

In conjunction with any final rule resulting from this rulemaking that may result in some establishments being newly required to comply with OSHA recordkeeping requirements, OSHA will conduct outreach and training, and offer other types of compliance assistance, to facilitate compliance and help ensure more complete and accurate recording and reporting. OSHA welcomes suggestions from the public regarding the types of outreach, training, and assistance that would be particularly helpful.

Issues and Potential Alternatives

OSHA welcomes comments and data from the public regarding any aspect of the proposed lower-hazard industry partial exemption. More specifically, the following questions and issues are relevant to this rulemaking:

1. Should any additional industries be exempt from any of the recordkeeping requirements in Part 1904?

2. Should OSHA base partial exemptions on more detailed or more aggregated industry classifications, such as two-digit, three-digit, or six-digit NAICS codes?

3. Which industry sectors, if any, should be ineligible for partial exemption?

4. Instead of using an average DART rate of 75 percent of the most recent national DART rate, is there a better way to determine which industries should be included in Appendix A?

5. Should OSHA consider numbers of workers injured or made ill in each industry in addition to industry injury/illness rates in determining eligibility for partial exemption?

6. Are there any other data that should be applied as additional or alternative criteria for purposes of determining eligibility for partial exemption?

7. Should OSHA regularly update the list of lower-hazard exempted industries? If so, how frequently should the list be updated?

8. Are there any specific types of training, education, and compliance assistance OSHA could provide that would be particularly helpful in facilitating compliance with the recordkeeping requirements?

B. Section 1904.39—Reporting Fatality, In-Patient Hospitalization, and Amputation Incidents to OSHA

Background

Virtually since its inception, OSHA has required employers to report certain incidents involving employee fatality or hospitalization. The regulatory requirements adopted in 1971 in 29 CFR 1904.8 required employers to report, within 48 hours after the occurrence, work-related incidents resulting in at least one fatality or the hospitalization of at least five employees.

In 1994, the Agency revised its reporting requirements to require employers to report to OSHA, within eight hours, work-related events or exposures involving fatalities or the in-patient hospitalization of three or more employees (59 FR 15594). OSHA stated in the preamble to the final rule that more prompt reporting enables OSHA to inspect the site of the incident and interview personnel while their recollections are immediate, fresh and untainted by other events, thus providing more timely and accurate information about possible causes of the incident. See, 59 FR 15595. The requirements from the 1994 rulemaking have remained substantially unchanged since then, and are currently codified at 29 CFR 1904.39.

Description of Proposed Revisions

The proposed rule would require employers to report to OSHA, within eight hours, work-related incidents that result in the death of an employee or in

the in-patient hospitalization of one or more employees, and within 24 hours, a work-related amputation suffered by an employee. The proposed revision is intended to provide information necessary to help ensure America's workers have safe and healthful workplaces.

Prompt investigation of incidents causing serious injury is a key element in OSHA's ability to enforce existing standards, evaluate the effectiveness of current standards, and identify a need for new standards. OSHA believes that the eight-hour requirement for work-related fatalities, the eight-hour requirement for work-related in-patient hospitalizations, and the 24-hour requirement for amputations will enable the additional potential benefits of reporting to be realized without creating unreasonable burdens on employers.

Making all in-patient hospitalizations and amputations reportable will provide OSHA with additional information on the causes of workplace incidents and lead to greater prevention of injuries. The additional information would be obtained cost-effectively, involve relatively minimal burdens on employers, and would provide OSHA with critical information to facilitate the timely investigation of harmful incidents and quick mitigation of hazards. The information will also help OSHA target scarce resources to the most dangerous workplaces and to prevent future injuries at these workplaces.

OSHA believes that the value of this additional information easily justifies the relatively minor additional reporting burden estimated to be an average of 15 minutes per reported incident. See Section III of this preamble for a more detailed discussion of the estimated compliance costs.

The hospitalization of a worker due to a work-related incident is a serious and significant event. Requiring the reporting of every in-patient hospitalization would ensure that OSHA will be informed about many more of these serious occurrences. Greater awareness regarding the extent and nature of such cases helps in the development and prioritization of various OSHA enforcement programs and initiatives. It also serves the public interest by enabling OSHA to more effectively and efficiently target occupational safety and health hazards.

Another benefit associated with the expansion of the reporting requirements would be the increased value and utility of the resulting data. Incidents involving an in-patient hospitalization or an amputation often involve serious hazards. The proposed reporting requirements would help establish a comprehensive database that would more accurately reflect hazards that cause hospitalizations and amputations as well as identify the associated industries, processes, and other relevant factors. Such a database could prove especially useful for study and research into the causes and prevention of occupational hazards.

For purposes of OSHA recordkeeping, in-patient hospitalization occurs when a person is “formally admitted” to a hospital or clinic for at least one overnight stay. Out-patient treatment generally refers to patients that are seen by a physician or other licensed health care professional and leave the hospital the same day. Of course, in order for in-patient hospitalization to be reportable, the injury or illness must be work-related as defined by Section 1904.5.

The proposed reporting requirements would apply only to work-related deaths, in-patient hospitalizations, and amputations occurring within 30 days of a work-related incident. As provided in proposed paragraph (b)(7) of section 1904.39, employers would generally not be required to report fatalities, hospitalizations, or amputations of which they were not aware.

The proposed addition of amputations to the reporting requirements would ensure that these incidents involving serious injury are promptly reported. Amputations include some of the most serious types of injuries and tend to result in a greater number of lost workdays than most other injuries. According to data available from BLS for 2008, the median number of days away from work for all injuries involving days away from work was 8, while the median number of days away from work for amputations was 26. Furthermore, amputations differ from other types of serious injuries because they tend to have long-term or permanent consequences. Although information reported regarding amputations will not necessarily result in an inspection, OSHA can use this information to better target inspections to workplaces with serious hazards in order to prevent any further workplace injuries. Thus, the benefits associated with the reporting of amputations would be comparable to those associated with the reporting of hospitalizations.

For purposes of classifying occupational injuries and illnesses, amputations are defined by the Bureau of Labor Statistics in their Occupational Injury and Illness Classification Manual. An amputation is the traumatic loss of a limb or other external body part, including a fingertip. In order for an injury to be classified as an amputation, bone must be lost. Amputations include loss of a body part due to a traumatic incident, a gunshot wound, and medical amputations due to irreparable traumatic injuries. Amputations exclude traumatic injuries without bone loss and exclude enucleation (eye removal). A reportable amputation under the proposed rule would include those that occur at the workplace as well as those that occur in a hospital as a result of a work-related event.

The proposed reporting requirements would generally bring OSHA requirements more in line with those of other types of safety and health investigations. Federal regulations require aircraft pilots or operators to notify the National Transportation Safety Board (NTSB) of aviation accidents, certain incidents, and the occurrence of a variety of other conditions or events. The Federal Railroad Administration (FRA) requires railroads to report whenever they learn of the occurrence of anything on a list of types of accidents, incidents, events, or exposures.

In some states that administer their own occupational safety and health regulations, elements similar to this proposed regulation are already being enforced. For example, California requires employers to report any employee death or serious injury or illness. The phrase “serious injury or illness” includes the in-patient hospitalization of an employee, as well as when an employee suffers the loss of any part of the body. Alaska and Washington require notification when at least one employee is fatally injured or requires in-patient hospitalization. Utah requires notification of any disabling, serious, or significant injury, and of any occupational disease incident. In Kentucky, employers are required to report work-related incidents that result in the hospitalization of at least one employee, or in an amputation. In Oregon, incidents resulting in at least one employee needing overnight hospitalization for medical treatment are required to be reported.

Issues and Potential Alternatives

OSHA requests comments on the potential benefits and burdens associated with the proposed revisions to the reporting requirements in Section 1904.39. As noted above, under current state regulations, many businesses are already required to make reports of work-related incidents resulting in death or serious injury, and many more are already required to report all work-related in-patient hospitalizations and amputations within eight hours.

OSHA welcomes comments and data from the public regarding any aspect of the proposed reporting requirements. More specifically, the following questions and issues are relevant to this rulemaking:

1. What types of incidents and/or injuries and illnesses should be reported to OSHA and why?

2. Are there any injuries, illnesses, or conditions that should be reported to OSHA and are not included among in-patient hospitalizations?

3. Should amputations that do not result in in-patient hospitalizations be reported to OSHA?

4. Should OSHA require the reporting of all amputations?

5. Should OSHA require the reporting of enucleations?

6. Are there additional data or estimates available regarding the number of work-related incidents involving in-patient hospitalizations? Is there information available on how many work-related hospitalizations occur more than 30 days after the report of an injury or illness?

7. Should OSHA allow reports to be made by means other than a telephone, such as by e-mail, fax, or a Web-based system?

8. Are the reporting times of eight hours for fatalities, eight hours for in-patient hospitalizations, and 24 hours for amputations generally appropriate time periods for requiring reporting? What advantages or disadvantages would be associated with these or any alternative time periods?

III. Preliminary Economic Analysis and Regulatory Flexibility Certification

This proposed rule is not a “significant regulatory action” within the context of Executive Order 12866 or the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1532(a)), or a “major rule” under the Congressional Review Act (5 U.S.C. 801

et seq.

). This rulemaking has net costs of $8.5 million and costs between $50 and $100 per affected establishment. Thus, this rulemaking imposes far less than $100 million in annual costs on the economy, and does not meet any of the other criteria specified for a significant regulatory action or major rule in Executive Order 12866, the UMRA or the Congressional Review Act.

This Preliminary Economic Analysis (PEA) addresses the costs, benefits, and economic impacts of the proposed rule. The proposed rule and the PEA were developed in accordance with the principles of Executive Order 12866 and Executive Order 13563. The proposed rule would make two changes to the existing recording and reporting requirements in Part 1904. It would change which industries are partially exempted from keeping records and would change the requirements for reporting certain work-related injuries. The affected establishments are only partially exempt because BLS may require any establishment to respond to its survey. The costs to those firms required to respond to the BLS survey are covered in the BLS survey paperwork package.

The existing regulation partially exempts all employers with 10 or fewer employees and all establishments in specific lower-hazard industry sectors from routinely keeping OSHA records. The existing industry partial exemptions were determined by identifying industries with relatively low DART rates at the 3-digit SIC code level. This proposed rule would retain the partial exemption for employers with 10 or fewer employees. It also would update the list of partially exempted industries to reflect the latest data on DART rates and to convert the industry classifications to the NAICS classification system. These changes would lead to new costs for employers who are currently partially exempt from recordkeeping requirements but would be newly required to keep records; there would also be cost savings for employers who would no longer be required to keep records.

The existing rule requires that all work-related fatalities and work-related incidents involving three or more hospitalizations be reported to OSHA within eight hours. The proposed rule would retain the requirement that all fatalities be reported to OSHA within eight hours and would require that all work-related in-patient hospitalizations be reported to OSHA within eight hours and that all work-related amputations be reported to OSHA within 24 hours. The proposed rule would thus increase the number of incidents that are to be reported to OSHA.

The remaining sections of this PEA provide estimates of the establishments that would be newly required to keep records or would be newly partially exempt from keeping records, and estimates of the numbers of reports of in-patient hospitalizations or amputations that would be required (the industrial profile section); the costs and costs savings associated with the proposed requirements; the benefits of the proposed rule; and the economic and small business impacts of the proposed changes.

Industrial Profile

The purpose of this industrial profile section is to provide information about which industries would be affected by the proposed rule, the number of affected establishments in each affected industry, employment in establishments affected by the proposed rule, and estimates of the numbers of in-patient hospitalizations and amputations that would be required to be reported by the proposed rule. (There is no need to estimate the number of fatalities to be reported as current regulations already require the reporting of fatalities.)

Partial Exemption

In regards to the partial exemption for certain lower hazard industries, OSHA identified which establishments would be newly required to keep records, and which establishments would be newly partially exempt from keeping records. This identification was complicated by the fact that the current rule classifies employers by SIC codes, a classification system dating to the 1930s which is no longer used in government statistics. OSHA had to convert employers classified by SIC code to the newer NAICS codes. In many cases, a single SIC code was divided into several NAICS codes, and conversely, a single NAICS code might contain establishments from multiple SIC codes. This analysis was conducted at the six-digit NAICS level. The data resulting from this analysis at the six-digit NAICS level are presented in the Appendix to this Preliminary Economic Analysis.

To identify those employers that would no longer be partially exempt from OSHA recordkeeping requirements under the proposed rule, OSHA examined the 1997 Economic Census: Bridge between SIC and NAICS Tables (

http://www.census.gov/epcd/naics02/S87TON02.HTM

). These tables show, for 1997, the best available data on what percentage of the establishments in each SIC code transferred into each NAICS code. Affected establishments in an SIC code exempted under the existing rule but classified in a non-exempted NAICS code under the proposed rule would be newly subject to the recordkeeping requirements. These establishments, not exempted under the proposed rule, would incur new recordkeeping costs.

Having used the bridge table to identify the portions of the industries by 6-digit NAICS code that would be newly required to keep records, OSHA used 2006 County Business Patterns to determine the corresponding numbers of establishments and employees (

http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls

). This data source provides not only the total number of establishments and employees in an industry, but also a breakdown of employees and

establishments by the size of the firm that owns the establishment. These data permit a straightforward calculation of the number of establishments with 10 or more employees. However, both the current and proposed rules cover employers with 11 or more employees. To deduct those employers with exactly 10 employees, OSHA estimated that employers with exactly ten employees represent one tenth of all employers with between 10 and 19 employees. This approach will overestimate the number of covered firms because there tend to be a more than proportional number of firms at smaller size classes.

OSHA then estimated the number of affected establishments and employees in each industry by multiplying the total number of establishments and employees in the industry by the percentage of affected establishments that were identified using the SIC—NAICS bridge tables as described above.

OSHA then estimated the number of newly recordable injuries and illnesses by dividing the number of injuries and illness recorded per industry by BLS in 2006 (BLS

http://www.bls.gov/iif/oshbulletin2006.htm

) by the total employment in the industry, and multiplied the resulting rate by the number of affected employees in the industry as derived using the 1997 SIC-NAICS bridge tables. OSHA used BLS data at the four-digit NAICS level since more detailed injury and illness data were not available for all NAICS codes.

Table III-1 presents data for the industries with establishments that would be newly required to keep records. The table shows the four-digit NAICS code, industry name, the number of affected establishments, the number of affected employees, and an estimate of the number of recordable injuries and illnesses, based on historical data, for newly affected employers. OSHA estimates that as a result of the proposed rule's revision to partial exemptions, 199,000 establishments with 5.3 million employees not previously required to record injuries would need to do so and that those establishments are would record an estimated 173,000 injuries and illnesses per year.

Having used the bridge table to identify the portions of the NAICS code industries that would be newly required to keep records, OSHA used the same methodology and data sources described above to determine the number of establishments, employees, and injuries and illnesses for establishments who would no longer be required to regularly keep records. Table III-2 shows the four-digit NAICS code, industry name, number of affected establishments, number of affected employees, and the estimated number of injuries and illnesses that would no longer be recorded in each affected industry. OSHA estimates that as a result of the revision to the list of partially exempt industries, 119,000 establishments with 4.0 million employees and an estimated 76,000 injuries and illnesses per year would no longer need to keep records regularly.

Table III-1— Industries That Include Establishments That Would Be Newly Required to Keep Records

NAICS Code

Title of NAICS Code

Affected employment

Affected

establishments

Affected firms

Estimated

injuries and

illnesses

3118

Bakeries and Tortilla Manufacturing

42,294

1,932

1,766

571

4411

Automobile Dealers

1,204,566

23,351

19,156

48,989

4413

Automotive Parts, Accessories, and Tire Stores

5,207

426

84

204

4441

Building Material and Supplies Dealers

260,363

21,310

4,215

18,577

4452

Specialty Food Stores

88,133

7,339

3,044

2,759

4453

Beer, Wine, and Liquor Stores

69,011

6,109

2,878

2,356

4539

Other Miscellaneous Store Retailers

160,152

11,505

4,301

4,611

4543

Direct Selling Establishments

1,569

69

43

67

5313

Activities Related to Real Estate

490,941

19,341

9,881

13,864

5322

Consumer Goods Rental

130,839

14,186

1,158

1,114

5324

Commercial and Industrial Machinery and Equipment Rental and Leasing

13,963

807

295

676

5419

Other Professional, Scientific, and Technical Services

249,160

10,889

3,770

1,853

5612

Facilities Support Services

162,384

3,293

865

8,955

5617

Services to Buildings and Dwellings

2,140

104

50

134

5619

Other Support Services

308,984

6,238

4,152

8,150

6219

Other Ambulatory Health Care Services

105,656

2,688

859

5,734

6241

Individual and Family Services

995,856

30,230

15,915

20,988

6242

Community Food and Housing, and Emergency and Other Relief Services

138,272

7,369

4,258

3,536

7111

Performing Arts Companies

116,043

1,994

1,864

4,483

7113

Promoters of Performing Arts, Sports, and Similar Events

93,738

1,183

973

2,421

7121

Museums, Historical Sites, and Similar Institutions

77,933

1,610

1,352

2,860

7139

Other Amusement and Recreation Industries

73,447

2,912

2,244

1,254

7223

Special Food Services

510,294

22,379

3,802

18,164

8129

Other Personal Services

42,254

1,498

1,117

914

Total

5,343,199

198,763

88,040

173,233

Source:

OSHA, Office of Regulatory Analysis.

Source:

2006 County Business Patterns:

http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.

Source:

2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating State agencies.

http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.

Table III-2: Industries That Include Establishments That Would Be Newly Partially Exempt From Keeping Records

NAICS Code

Title of NAICS Code

Affected

employment

Affected

establishments

Affected firms

Estimated injuries

and illnesses

4412

Other Motor Vehicle Dealers

80,441

3,794

2,594

3,757

4431

Electronics and Appliance Stores

66,902

3,699

1,702

1,538

4461

Health and Personal Care Stores

15,620

1,440

425

244

4471

Gasoline Stations

128,972

12,220

2,575

3,634

4511

Sporting Goods, Hobby, and Musical Instrument Stores

1,271

65

16

37

4532

Office Supplies, Stationery, and Gift Stores

98,855

4,626

873

2,160

4812

Nonscheduled Air Transportation

37,807

763

580

855

4861

Pipeline Transportation of Crude Oil

7,472

352

35

175

4862

Pipeline Transportation of Natural Gas

22,080

1,303

68

510

4869

Other Pipeline Transportation

9,348

881

51

219

4879

Scenic and Sightseeing Transportation, Other

2,155

45

39

80

4885

Freight Transportation Arrangement

166,549

7,126

2,709

3,045

5111

Newspaper, Periodical, Book, and Directory Publishers

654,211

10,912

4,896

16,037

5122

Sound Recording Industries

14,059

426

197

206

5151

Radio and Television Broadcasting

251,523

7,186

2,084

4,931

5172

Wireless Telecommunications Carriers (except Satellite)

236,243

10,087

530

2,274

5173

Telecommunications Resellers

27,652

800

533

499

5179

Other Telecommunications

9,365

204

104

191

5181

Internet Service Providers and Web Search Portals

20,957

210

157

174

5191

Other Information Services

10,406

211

96

164

5221

Depository Credit Intermediation

81,130

5,063

356

640

5239

Other Financial Investment Activities

8,158

115

77

19

5241

Insurance Carriers

8,946

251

55

63

5259

Other Investment Pools and Funds

20,268

924

226

129

5413

Architectural, Engineering, and Related Services

31,953

1,144

1,008

508

5416

Management, Scientific, and Technical Consulting Services

80,566

1,651

927

440

5418

Advertising and Related Services

48,061

1,096

764

691

5511

Management of Companies and Enterprises

1,015,532

14,229

6,983

20,526

5614

Business Support Services

166,454

2,937

2,172

1,868

5615

Travel Arrangement and Reservation Services

167,398

7,106

2,054

1,385

5616

Investigation and Security Services

6,361

386

332

148

6116

Other Schools and Instruction

49,500

2,142

1,961

372

7213

Rooming and Boarding Houses

6,313

350

280

60

8112

Electronic and Precision Equipment Repair and Maintenance

61,789

2,047

1,182

1,179

8114

Personal and Household Goods Repair and Maintenance

42,582

2,131

1,146

1,163

8122

Death Care Services

24,515

1,730

551

606

8134

Civic and Social Organizations

131,301

4,233

3,141

2,473

8139

Business, Professional, Labor, Political, and Similar Organizations

148,056

5,490

4,648

2,788

Total

3,960,772

119,374

48,123

75,787

Source:

OSHA, Office of Regulatory Analysis.

Source:

2006 County Business Patterns:

http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.

Source:

2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating State agencies.

http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.

Reporting of Fatalities, In-Patient Hospitalizations and Amputations

The proposed rule would require employers to report all work-related in-patient hospitalizations and amputations to OSHA. This requirement would affect all industries, all employers, and all 7.5 million establishments in OSHA's jurisdiction. Because OSHA already requires the reporting of work-related fatalities, this economic analysis focuses on the proposed new requirement for reporting all work-related in-patient hospitalization and amputations. The current regulation also requires the reporting of hospitalizations of three or more workers. The number of such multiple hospitalizations represents a trivial portion of all in-patient hospitalizations (For example, in Fiscal Year 2010, there were a total of 14 such reports.

http://www.osha.gov/dep/fatcat/fatcat_regional_rpt_

09252010.html

). OSHA therefore proceeded to estimate the total number of work-related in-patient hospitalizations without deducting the number of multiple hospitalizations that already must be reported.

It is difficult to estimate the number of in-patient hospitalizations that would need to be reported under the proposed rule. NIOSH has estimated that in 2004, a total of 68,000 work-related Emergency Department visits resulted in hospitalization (MMWR Weekly, April 27 2007 (56(16):393-397—“Nonfatal Occupational Injuries and Illnesses—United States, 2004”

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5616a3.htm

(

Note:

no author given). By contrast, Dembe

et al

(

Dembe AE, Mastroberti MA,

Fox SE, Bigelow C,

Banks SM.

Inpatient hospital care for work-related injuries and illnesses.

Am J Ind Med.

2003 Oct; 44(4):331-42.) estimate that from 1997 to 1999 there were 210,000 in-patient hospital admissions per year paid for by workers' compensation insurance. More recent studies in Massachusetts (1996-2001) and Louisiana (1998-2007) come up with figures ranging from 150,000 to 275,000 per year when extrapolated to the nation as a whole.

One possible reconciliation for these different estimates of work-related hospitalizations is that many workers' compensation-related hospitalizations are not emergencies but are scheduled or planned hospitalizations. This possibility is supported by the fact that musculoskeletal disorders represent only 10 percent of work-related emergency room hospitalizations in the NIOSH emergency department data, but 34 to 45 percent of hospitalizations that are paid for by workers' compensation insurance according to the workers' compensation related studies. If many of these hospitalizations are scheduled hospitalizations, they may not need to be reported as Section 1904.39 does not require reporting of fatalities, hospitalizations or amputations that occur more than 30 days after an incident has occurred. However, the rule would require the reporting of in-patient hospitalizations occurring within 30 days of the original event. Nevertheless, OSHA will use 210,000 hospitalizations per year as a preliminary estimate for purposes of examining the costs of this rule. OSHA solicits comment on the best ways to determine how many in-patient hospitalizations will fall within the scope of the proposed rule.

According to BLS, in 2008 there were 6,230 amputations that involved days away from work (

http://www.bls.gov/iif/oshwc/osh/case/osnr0033.pdf

). The more serious amputation cases will clearly require in-patient hospitalization. Because amputations frequently require hospitalization and because OSHA believes that the estimated 210,000 in-patient hospitalization reports are an overestimate of the reports that would be required by the proposed rule, OSHA believes its estimate of 210,000 reports is adequate to account for reports of both in-patient hospitalizations and amputations. OSHA solicits comment on this estimate and on potential ways to improve its accuracy.

Costs

This section presents estimates of the costs and cost savings of the proposed rule. The time requirements for the activities associated with the proposed rule have been developed through previous rulemakings and information collection requests that have been subject to extensive notice and comment. For the purposes of the analysis of the costs of this proposed rule, OSHA relied on past estimates of the time requirements for record keeping activities. (The specific past estimate relied on is cited for each time requirement estimate.)

The time requirements for various activities are estimated as follows:

Initial training of recordkeepers: one hour per establishment, applies only to currently exempt establishments that would be newly required to keep records (based on the Final Economic Analysis for the Occupational Injury and Illness Recording and Reporting Requirements, published January 19, 2001, FR 66:5916-6135).

Training of recordkeepers to account for turnover: one hour per establishment and a turnover rate of 20 percent a year resulting in an average of 0.2 hours per establishment per year. This applies to costs for currently exempt establishments that would be newly required to keep records and to cost savings for establishments that would no longer be required to keep records (based on the Final Economic Analysis for the Occupational Injury and Illness Recording and Reporting Requirements, published January 19, 2001, FR 66:5916-6135).

Completing, posting, and certifying OSHA Form 300A: 0.97 hours per establishment. This applies to costs for currently exempt establishments that would be newly required to keep records and to cost savings for establishments that would no longer be required to keep records (2008 ICR, SS 1218-0176 (1-17-08)).

Completing entries on all forms for each recordable injury and illness, accounting for privacy concerns, and providing access to records: 0.38 hours per recordable injury or illness. This applies to costs for currently exempt establishments that would be newly required to keep records and to cost savings for establishments that would no longer be required to keep records (2008 ICR, SS 1218-0176 (1-17-08).

Reporting in-patient hospitalizations or amputations: 0.25 hours per fatality or hospitalization. (2008 ICR, SS 1218-0176 (1-17-08)).

As in OSHA's PEA for the MSD column proposed rule (

Federal Register

: March 9, 2010 Volume 75, Number 45, pages 10738-10739), OSHA estimated that recordkeeping tasks will most commonly be performed by a Human Resource, Training, and Labor Relations Specialist, not elsewhere classified (Human Resources Specialist). The BLS Occupational Employment Survey (OES) indicated that in May 2008, Human Resources Specialists earned a mean hourly wage of $28 (BLS OES, 2009), with an annual salary of approximately $56,000 per year. In June 2009, the BLS National Compensation Survey indicated a mean fringe benefit factor of 1.43 for civilian workers in general. This brings the total hourly compensation (including wages and benefits) to $40.04 for Human Resources Specialists. OSHA recognizes that there is significant diversity among firms in who is charged with OSHA recordkeeping responsibilities. Smaller firms may have a bookkeeper perform this function while larger firms may use an occupational safety and health specialist. However, OSHA believes that the hourly cost of $40.04 is a reasonable estimate of the costs for the typical recordkeeper. OSHA welcomes comments on the issue of hourly compensation costs for typical recordkeepers.

Given the unit time requirements, hourly wages, the numbers of establishments and the injury and illness totals presented in Table III-1, Table III-3 shows OSHA's estimates of the costs of the proposed rule for those currently partially exempt employers who would need to keep records as a result of the proposed rule. The expected annualized cost of the rule to those employers is $13.1 million per year with the most expensive element being the completion, certification, and posting of the Form 300A with costs of $7.7 million per year. The highest cost single industry is new automobile dealers.

Given the unit time requirements, hourly wages, the number of establishments and the injury and illness totals presented in Table III-2,

Table III-4 shows OSHA's estimates of the cost savings of the proposed rule for those employers who would no longer need to keep records as a result of the proposed rule. OSHA estimates that the total cost savings for these employers would be $6.7 million per year.

Table III-3—Annualized Costs to Industries That Include Establishments That Would Be Newly Required To Keep Records

NAICS Code

NAICS Industry description

Learning new recordkeeping system

Relearning recordkeeping system due to turnover

Complete, certify and post OSHA Form 300A

Complete log entries, mark privacy issues and provide employees access

Total costs to industries newly required to keep records

3118

Bakeries and Tortilla Manufacturing

$11,014

$15,471

$75,037

$8,683

$110,205

4411

Automobile Dealers

133,116

186,991

906,905

745,372

1,972,385

4413

Automotive Parts, Accessories, and Tire Stores

2,430

3,413

16,553

3,108

25,503

4441

Building Material and Supplies Dealers

121,482

170,648

827,643

282,648

1,402,421

4452

Specialty Food Stores

41,837

58,769

285,031

41,981

427,618

4453

Beer, Wine, and Liquor Stores

34,824

48,918

237,251

35,842

356,834

4539

Other Miscellaneous Store Retailers

65,588

92,133

446,844

70,153

674,719

4543

Direct Selling Establishments

394

554

2,686

1,016

4,650

5313

Activities Related to Real Estate

110,259

154,883

751,181

210,948

1,227,271

5322

Consumer Goods Rental

80,874

113,604

550,982

16,955

762,414

5324

Commercial and Industrial Machinery and Equipment Rental and Leasing

4,601

6,463

31,344

10,283

52,690

5419

Other Professional, Scientific, and Technical Services

62,076

87,200

422,919

28,193

600,388

5612

Facilities Support Services

18,773

26,371

127,900

136,245

309,289

5617

Services to Buildings and Dwellings

595

836

4,053

2,032

7,516

5619

Other Support Services

35,561

49,953

242,274

124,010

451,798

6219

Other Ambulatory Health Care Services

15,321

21,522

104,383

87,247

228,474

6241

Individual and Family Services

172,337

242,084

1,174,109

319,340

1,907,869

6242

Community Food and Housing, and Emergency and Other Relief Services

42,010

59,013

286,211

53,803

441,037

7111

Performing Arts Companies

11,367

15,967

77,441

68,206

172,981

7113

Promoters of Performing Arts, Sports, and Similar Events

6,744

9,474

45,947

36,840

99,005

7121

Museums, Historical Sites, and Similar Institutions

9,181

12,896

62,546

43,514

128,137

7139

Other Amusement and Recreation Industries

16,602

23,322

113,110

19,087

172,121

7223

Special Food Services

127,578

179,211

869,174

276,368

1,452,331

8129

Other Personal Services

8,540

11,996

58,182

13,905

92,623

Totals

1,133,105

1,591,692

7,719,704

2,635,779

13,080,280

Source:

OSHA, Office of Regulatory Analysis.

Table III-4—Cost Savings to Industries That Include Establishments That Would Be Newly Partially Exempt from Recordkeeping Requirements

NAICS code

NAICS Industry description

Relearning recordkeeping system due to turnover

Complete, certify and post OSHA Form 300A

Complete log entries, mark privacy issues and provide employees access

Cost savings to industries newly exempted from keeping records

4412

Other Motor Vehicle Dealers

$30,380

$147,342

$57,160

$234,882

4431

Electronics and Appliance Stores

29,625

143,679

23,399

196,703

4461

Health and Personal Care Stores

11,533

55,936

3,719

71,188

4471

Gasoline Stations

97,861

474,627

55,292

627,780

4511

Sporting Goods, Hobby, and Musical Instrument Stores

524

2,543

565

3,632

4532

Office Supplies, Stationery, and Gift Stores

37,046

179,672

32,867

249,585

4812

Nonscheduled Air Transportation

6,111

29,638

13,015

48,763

4861

Pipeline Transportation of Crude Oil

2,817

13,663

2,658

19,138

4862

Pipeline Transportation of Natural Gas

10,437

50,619

7,753

68,808

4869

Other Pipeline Transportation

7,053

34,209

3,325

44,588

4879

Scenic and Sightseeing Transportation, Other

356

1,728

1,214

3,299

4885

Freight Transportation Arrangement

57,062

276,750

46,329

380,141

5111

Newspaper, Periodical, Book, and Directory Publishers

87,381

423,797

244,001

755,178

5122

Sound Recording Industries

3,415

16,561

3,127

23,102

5151

Radio and Television Broadcasting

57,541

279,076

75,027

411,645

5172

Wireless Telecommunications Carriers (except Satellite)

80,775

391,759

34,597

507,132

5173

Telecommunications Resellers

6,406

31,067

7,590

45,062

5179

Other Telecommunications

1,631

7,911

2,912

12,455

5181

Internet Service Providers and Web Search Portals

1,679

8,144

2,653

12,477

5191

Other Information Services

1,690

8,195

2,493

12,378

5221

Depository Credit Intermediation

40,543

196,635

9,740

246,919

5239

Other Financial Investment Activities

923

4,478

283

5,684

5241

Insurance Carriers

2,012

9,759

959

12,729

5259

Other Investment Pools and Funds

7,403

35,903

4,004

47,309

5413

Architectural, Engineering, and Related Services

9,162

44,437

19,849

73,448

5416

Management, Scientific, and Technical Consulting Services

13,221

64,121

4,190

81,532

5418

Advertising and Related Services

8,777

42,569

222,299

273,646

5511

Management of Companies and Enterprises

113,948

552,648

10,059

676,655

5614

Business Support Services

23,517

114,058

38,913

176,488

5615

Travel Arrangement and Reservation Services

56,903

275,981

7,722

340,606

5616

Investigation and Security Services

3,087

14,972

17,515

35,575

6116

Other Schools and Instruction

17,152

83,185

722

101,059

7213

Rooming and Boarding Houses

2,802

13,590

1,707

18,099

8112

Electronic and Precision Equipment Repair and Maintenance

16,391

79,495

15,150

111,035

8114

Personal and Household Goods Repair and Maintenance

17,062

82,751

26,979

126,792

8122

Death Care Services

13,856

67,199

49,346

130,401

8134

Civic and Social Organizations

33,901

164,421

39,480

237,802

8139

Business, Professional, Labor, Political, and Similar Organizations

43,966

213,233

2,943

260,141

Totals

955,949

4,636,351

1,091,556

6,683,856

Source:

OSHA, Office of Regulatory Analysis.

To estimate the costs of reporting in-patient hospitalizations and amputations, OSHA multiplied the estimated 210,000 cases per year by 0.25 hours per report and by the $40.04 per hour compensation costs of a recordkeeper. OSHA estimates that a recordkeeper or someone with equivalent salary would make this report. OSHA welcomes comment on whether such a report would typically be made by someone other than the person who normally keeps records and what the salary or job title of such a person might be. The resulting estimate of the annual cost of this provision is $2.1 million per year.

Table III-5 shows the total net costs of the proposed rule considering all three elements: Costs to currently exempt employers who would be newly required to keep records, cost savings to employers who would no longer be required to keep records, and reporting of all work-related in-patient hospitalizations and amputations. OSHA estimates that the total net costs of this proposed rule would be $8.5 million per year.

Table III-5—Summary of Annualized Costs and Cost Savings

Cost or cost savings element

Value

Costs to Employers Newly Required to Keep Records

$13,080,280

Cost Savings to Employers Newly Exempt From Keeping Records

6,683,856

Costs of Additional Reporting of Hospitalizations and Amputations

2,102,200

Net Costs

8,498,624

Benefits

OSHA anticipates that this proposed rule will have several benefits. First, the proposed rule will redirect recordkeeping efforts toward industries with higher DART rates, making the system more effective and efficient. While 119,000 establishments would no longer need to keep records, these establishments have an average injury and illness rate of 1.9 percent. On the other hand, the revision to the regulation adds 199,000 establishments with an average injury and illness rate of 3.2 percent. Thus, on average, establishments with higher injury and illness rates will keep and post records. As a result, the employer, the employees, and OSHA will have a better idea of the nature of the serious injuries and illnesses occurring in establishments with relatively high injury and illness rates.

The proposed requirements to report all work-related in-patient hospitalizations within eight hours and all work-related amputations within 24 hours ensure that OSHA will be able to better utilize enforcement resources by targeting resources to establishments with the most serious hazards.

The hospitalization of a worker or an amputation due to a work-related incident is a serious and significant event. Requiring the reporting of these events would ensure that OSHA will be informed about many more of these serious occurrences than it is now. Greater awareness regarding the extent and nature of such cases helps in the development and prioritization of various OSHA enforcement programs and initiatives. It also serves the public interest by enabling OSHA to more effectively and efficiently target occupational safety and health hazards.

If such improvements in information and enforcement save even one life every three to four years as a result of this proposed rule, they will more than pay for the costs associated with such notifications.

Economic Impacts

In this section, OSHA will first consider the economic impact on those firms newly required to keep records, and then turn to the economic impacts of requirements to report in-patient hospitalizations and amputations. No economic impacts are examined for those firms that are no longer required to keep records.

Partial Exemption

OSHA compared the baseline financial data with the total annualized incremental costs of compliance by computing compliance costs per establishment. Table III-6 shows that the costs per establishment range from just above $50 per establishment to a maximum of less than $100 per establishment. OSHA believes that costs of this magnitude cannot possibly affect the viability of a firm, and are thus economically feasible.

Table III-6—Economic Impacts of Industries That Include Establishments That Would Be Newly Required To Keep Records

NAICS Code

NAICS Industry description

Affected

establishments

Cost per

affected

establishment

3118

Bakeries and Tortilla Manufacturing

1,932

$57

4411

Automobile Dealers

23,351

84

4413

Automotive Parts, Accessories, and Tire Stores

426

60

4441

Building Material and Supplies Dealers

21,310

66

4452

Specialty Food Stores

7,339

58

4453

Beer, Wine, and Liquor Stores

6,109

58

4539

Other Miscellaneous Store Retailers

11,505

59

4543

Direct Selling Establishments

69

67

5313

Activities Related to Real Estate

19,341

63

5322

Consumer Goods Rental

14,186

54

5324

Commercial and Industrial Machinery and Equipment Rental and Leasing

807

65

5419

Other Professional, Scientific, and Technical Services

10,889

55

5612

Facilities Support Services

3,293

94

5617

Services to Buildings and Dwellings

104

72

5619

Other Support Services

6,238

72

6219

Other Ambulatory Health Care Services

2,688

85

6241

Individual and Family Services

30,230

63

6242

Community Food and Housing, and Emergency and Other Relief Services

7,369

60

7111

Performing Arts Companies

1,994

87

7113

Promoters of Performing Arts, Sports, and Similar Events

1,183

84

7121

Museums, Historical Sites, and Similar Institutions

1,610

80

7139

Other Amusement and Recreation Industries

2,912

59

7223

Special Food Services

22,379

65

8129

Other Personal Services

1,498

62

Totals

198,763

82

Source: OSHA, Office of Regulatory Analysis.

Reporting of Fatalities, Hospitalizations, and Amputations

Given OSHA's estimates of total costs of approximately $2 million per year across all 7.5 million business establishments in OSHA's jurisdiction, the average cost per establishment of this provision is $0.27 per establishment per year. In a typical year, most establishments will not report a single work-related hospitalization. Even for those that do, the cost will be approximately $10 per hospitalization or amputation that has to be reported. Costs of this magnitude will not affect the viability of any firm.

Regulatory Flexibility Certification

OSHA would continue to partially exempt employers with fewer than 11 employees from its recordkeeping regulations under this proposed rule. Such very small firms are affected by the revisions to this rule only insofar as they may have to report a fatality, in-patient hospitalization or amputation. This will be extremely rare for most small firms. Even when this occurs, OSHA has estimated the costs as approximately $10 per report, a sum that will not cause problems for even the smallest firms.

Most of the employers affected by the change in the partial exemption to the recordkeeping rule are small firms. Even when one considers the mix of small and large firms covered by the rule, the average costs per establishment are well under $100 per year per establishment. OSHA believes that costs of less than $100 per establishment do not represent a significant economic impact on small firms with 11 employees or more.

As a result of these considerations, in accordance with the RFA, OSHA certifies that the proposed rule would not have a significant economic impact on a substantial number of small entities.

Section III Appendix: PEA Data at the Six Digit NAICS Level

This appendix provides supporting material developed in support of this rule at the six-digit NAICS level.

Table III-1A presents data on industries with establishments that would be newly required to keep records. The table shows the six-digit NAICS code, industry name, the number of affected employees, and an estimate of the number of recordable injuries and illnesses, based on historical data, for newly affected employers.

Table III-2A presents data on industries with establishments that would be newly partially exempt from recordkeeping. The table shows the six-digit NAICS code, industry name, number of affected establishments per industry, number of employees, and the estimated number of injuries and illnesses that would no longer be recorded in each affected industry.

Table III-3A shows OSHA's estimates of the costs of the proposed rule, at the six-digit NAICS level, for currently partially exempt employers who would need to keep records as a result of the proposed rule.

Table III-4A shows OSHA's estimates of the cost savings of the proposed rule, at the six-digit NAICS level, for those employers who would no longer need to keep records as a result of the proposed rule.

Table III-6A shows the costs per establishment at the six-digit NAICS level.

Table III-1A—Industries That Include Establishments That Would Be Newly Required To Keep Records

NAICS code

Title of NAICS code

Affected

employment

Affected

establishments

Affected firms

Estimated

injuries and

illnesses

311811

Retail Bakeries

42,294

1,932

1,766

571

441110

New Car Dealers

1,136,905

19,971

16,525

47,972

441120

Used Car Dealers

67,661

3,379

2,631

1,016

441310

Automotive Parts and Accessories Stores

5,207

426

84

204

444130

Hardware Stores

260,363

21,310

4,215

18,577

445210

Meat Markets

20,194

1,250

833

451

445220

Fish and Seafood Markets

908

44

40

20

445291

Baked Goods Stores

22,149

2,133

678

756

445292

Confectionery and Nut Stores

14,587

1,576

332

498

445299

All Other Specialty Food Stores

30,294

2,336

1,161

1,034

445310

Beer, Wine, and Liquor Stores

69,011

6,109

2,878

2,356

453910

Pet and Pet Supplies Stores

76,608

3,691

1,150

2,309

453920

Art Dealers

8,370

622

397

36

453991

Tobacco Stores

15,975

1,841

610

481

453998

All Other Miscellaneous Store Retailers (except Tobacco Stores)

59,200

5,351

2,144

1,784

454390

Other Direct Selling Establishments

1,569

69

43

67

531311

Residential Property Managers

312,261

11,737

5,378

8,942

531312

Nonresidential Property Managers

114,972

4,724

2,517

3,292

531320

Offices of Real Estate Appraisers

14,273

835

639

365

531390

Other Activities Related to Real Estate

49,435

2,045

1,346

1,264

532220

Formal Wear and Costume Rental

9,339

1,243

184

267

532230

Video Tape and Disc Rental

121,174

12,922

967

837

532299

All Other Consumer Goods Rental

326

21

8

11

532420

Office Machinery and Equipment Rental and Leasing

5,642

343

156

273

532490

Other Commercial and Industrial Machinery and Equipment Rental and Leasing

8,321

464

139

403

541910

Marketing Research and Public Opinion Polling

117,181

2,061

1,197

215

541921

Photography Studios, Portrait

51,450

6,020

642

664

541922

Commercial Photography

6,225

298

239

80

541930

Translation and Interpretation Services

8,935

240

193

317

541990

All Other Professional, Scientific, and Technical Services

65,370

2,271

1,499

576

561210

Facilities Support Services

162,384

3,293

865

8,955

561790

Other Services to Buildings and Dwellings

2,140

104

50

134

561910

Packaging and Labeling Services

54,249

805

694

1,431

561920

Convention and Trade Show Organizers

77,944

1,090

834

2,056

561990

All Other Support Services

176,791

4,343

2,624

4,663

621991

Blood and Organ Banks

61,113

1,082

222

3,317

621999

All Other Miscellaneous Ambulatory Health Care Services

44,543

1,606

638

2,417

624110

Child and Youth Services

146,467

5,443

2,951

3,024

624120

Services for the Elderly and Persons with Disabilities

479,601

10,944

6,653

16,239

624190

Other Individual and Family Services

369,788

13,844

6,312

1,725

624210

Community Food Services

26,674

2,208

848

713

624221

Temporary Shelters

60,422

2,636

1,880

1,565

624229

Other Community Housing Services

31,478

1,649

1,090

815

624230

Emergency and Other Relief Services

19,698

876

439

443

711110

Theater Companies and Dinner Theaters

67,614

1,114

1,013

2,612

711120

Dance Companies

8,038

167

165

311

711130

Musical Groups and Artists

34,372

615

604

1,328

711190

Other Performing Arts Companies

6,019

99

83

232

711310

Promoters of Performing Arts, Sports, and Similar Events with Facilities

76,435

727

579

1,974

711320

Promoters of Performing Arts, Sports, and Similar Events without Facilities

17,303

456

394

447

712110

Museums

70,539

1,377

1,184

2,589

712120

Historical Sites

7,394

234

167

271

713950

Bowling Centers

73,206

2,721

2,052

1,251

713990

All Other Amusement and Recreation Industries

241

192

191

4

722310

Food Service Contractors

403,073

19,247

853

14,347

722320

Caterers

107,221

3,132

2,949

3,817

812921

Photofinishing Laboratories (except One-Hour)

16,977

429

324

560

812922

One-Hour Photofinishing

1,457

172

82

48

812990

All Other Personal Services

23,820

897

712

306

Total

5,343,199

198,763

88,040

173,233

Source:

OSHA, Office of Regulatory Analysis.

Source:

2006 County Business Patterns:

http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.

Source:

2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating State agencies.

http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.

III-2A—Industries That Include Establishments That Would Be Newly Partially Exempt From Keeping Records

NAICS Code

Title of NAICS Code

Affected employment

Affected establishments

Affected firms

Estimated injuries and illnesses

441210

Recreational Vehicle Dealers

36,713

1,287

996

1,722

441221

Motorcycle Dealers

4,344

174

151

202

441222

Boat Dealers

29,649

1,897

1,048

1,379

441229

All Other Motor Vehicle Dealers

9,735

436

398

453

443111

Household Appliance Stores

48,606

2,770

1,490

1,376

443120

Computer and Software Stores

18,296

930

212

162

446120

Cosmetics, Beauty Supplies, and Perfume Stores

2,830

294

21

42

446199

All Other Health and Personal Care Stores

12,790

1,146

404

202

447110

Gasoline Stations with Convenience Stores

128,972

12,220

2,575

3,634

451130

Sewing, Needlework, and Piece Goods Stores

1,271

65

16

37

453210

Office Supplies and Stationery Stores

98,855

4,626

873

2,160

481211

Nonscheduled Chartered Passenger Air Transportation

28,094

524

422

636

481212

Nonscheduled Chartered Freight Air Transportation

5,442

96

70

123

481219

Other Nonscheduled Air Transportation

4,271

144

88

97

486110

Pipeline Transportation of Crude Oil

7,472

352

35

175

486210

Pipeline Transportation of Natural Gas

22,080

1,303

68

510

486910

Pipeline Transportation of Refined Petroleum Products

8,661

827

38

202

486990

All Other Pipeline Transportation

687

54

13

16

487990

Scenic and Sightseeing Transportation, Other

2,155

45

39

80

488510

Freight Transportation Arrangement

166,549

7,126

2,709

3,045

511110

Newspaper Publishers

358,841

4,969

1,945

11,451

511120

Periodical Publishers

148,126

3,515

1,651

2,186

511130

Book Publishers

77,645

1,044

755

957

511140

Directory and Mailing List Publishers

47,569

948

306

958

511191

Greeting Card Publishers

10,756

49

33

236

511199

All Other Publishers

11,275

387

206

248

512210

Record Production

947

33

29

5

512220

Integrated Record Production/Distribution

7,492

142

56

174

512230

Music Publishers

3,181

78

56

15

512290

Other Sound Recording Industries

2,439

173

56

12

515111

Radio Networks

10,868

426

199

729

515112

Radio Stations

106,849

5,003

1,408

1,968

515120

Television Broadcasting

133,807

1,756

477

2,234

517211

Paging

4,020

258

68

39

517212

Cellular and Other Wireless Telecommunications

232,223

9,829

462

2,235

517310

Telecommunications Resellers

27,652

800

533

499

517910

Other Telecommunications

9,365

204

104

191

518112

Web Search Portals

20,957

210

157

174

519190

All Other Information Services

10,406

211

96

164

522120

Savings Institutions

81,130

5,063

356

640

522293

International Trade Financing

4,727

32

8

15

523999

Miscellaneous Financial Investment Activities

8,158

115

77

19

524130

Reinsurance Carriers

8,946

251

55

63

525910

Open-End Investment Funds

3,356

89

44

14

525930

Real Estate Investment Trusts

16,912

835

181

115

541320

Landscape Architectural Services

28,061

1,058

940

446

541360

Geophysical Surveying and Mapping Services

3,891

86

68

62

541612

Human Resources and Executive Search Consulting Services

78,223

1,566

878

427

541614

Process, Physical Distribution, and Logistics Consulting Services

1,141

47

16

6

541618

Other Management Consulting Services

1,201

38

33

7

541890

Other Services Related to Advertising

48,061

1,096

764

691

551114

Insurance and Employee Benefit Funds

1,015,532

14,229

6,983

20,526

561421

Pension Funds

32,711

645

501

347

561440

Health and Welfare Funds

133,744

2,291

1,671

1,522

561510

Travel Agencies

100,249

5,621

1,328

373

561520

Tour Operators

22,872

662

500

155

561599

All Other Travel Arrangement and Reservation Services

44,278

823

227

857

561622

Locksmiths

6,361

386

332

148

611620

Sports and Recreation Instruction

49,500

2,142

1,961

372

721310

Rooming and Boarding Houses

6,313

350

280

60

811211

Consumer Electronics Repair and Maintenance

11,779

380

267

225

811212

Computer and Office Machine Repair and Maintenance

4,814

136

74

92

811213

Communication Equipment Repair and Maintenance

13,015

479

313

248

811219

Other Electronic and Precision Equipment Repair and Maintenance

32,181

1,052

528

614

811411

Home and Garden Equipment Repair and Maintenance

2,165

146

111

59

811412

Appliance Repair and Maintenance

22,039

883

375

602

811430

Footwear and Leather Goods Repair

43

5

2

1

811490

Other Personal and Household Goods Repair and Maintenance

18,334

1,096

658

501

812220

Cemeteries and Crematories

24,515

1,730

551

606

813410

Civic and Social Organizations

131,301

4,233

3,141

2,473

813930

Labor Unions and Similar Labor Organizations

137,786

5,145

4,307

2,595

813940

Political Organizations

10,270

345

341

193

Totals

3,960,772

119,374

48,123

75,787

Source:

OSHA, Office of Regulatory Analysis.

1

Source:

2006 County Business Patterns:

http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.

2

Source:

2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating State agencies.

http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.

Table III-3A—Annualized Costs to Industries That Include Establishments That Would Be Newly Required To Keep Records

NAICS

Code

NAICS Industry description

Learning new

recordkeeping

system

Relearning

recordkeeping

system due to

turnover

Complete,

certify and

post OSHA Form 300A

Complete log

entries, mark

privacy issues

and provide

employees

access

Total costs to

industries

newly required

to keep

records

311811

Retail Bakeries

$11,014

$15,471

$75,037

$8,683

$110,205

441110

New Car Dealers

113,852

159,930

775,661

729,910

1,779,353

441120

Used Car Dealers

19,264

27,061

131,244

15,462

193,031

441310

Automotive Parts and Accessories Stores

2,430

3,413

16,553

3,108

25,503

444130

Hardware Stores

121,482

170,648

827,643

282,648

1,402,421

445210

Meat Markets

7,126

10,010

48,549

6,856

72,540

445220

Fish and Seafood Markets

252

354

1,715

312

2,632

445291

Baked Goods Stores

12,159

17,080

82,839

11,504

123,583

445292

Confectionery and Nut Stores

8,985

12,622

61,216

7,576

90,399

445299

All Other Specialty Food Stores

13,315

18,703

90,712

15,734

138,464

445310

Beer, Wine, and Liquor Stores

34,824

48,918

237,251

35,842

356,834

453910

Pet and Pet Supplies Stores

21,043

29,560

143,366

35,132

229,101

453920

Art Dealers

3,548

4,984

24,173

547

33,252

453991

Tobacco Stores

10,493

14,740

71,487

7,326

104,045

453998

All Other Miscellaneous Store Retailers (except Tobacco Stores)

30,504

42,849

207,819

27,149

308,320

454390

Other Direct Selling Establishments

394

554

2,686

1,016

4,650

531311

Residential Property Managers

66,911

93,991

455,859

136,060

752,821

531312

Nonresidential Property Managers

26,929

37,827

183,463

50,096

298,315

531320

Offices of Real Estate Appraisers

4,761

6,688

32,438

5,554

49,442

531390

Other Activities Related to Real Estate

11,658

16,376

79,421

19,238

126,692

532220

Formal Wear and Costume Rental

7,088

9,957

48,292

4,060

69,397

532230

Video Tape and Disc Rental

73,665

103,478

501,867

12,735

691,744

532299

All Other Consumer Goods Rental

121

170

822

160

1,273

532420

Office Machinery and Equipment Rental and Leasing

1,953

2,744

13,307

4,155

22,158

532490

Other Commercial and Industrial Machinery and Equipment Rental and Leasing

2,648

3,719

18,037

6,128

30,532

541910

Marketing Research and Public Opinion Polling

11,748

16,502

80,035

3,268

111,553

541921

Photography Studios, Portrait

34,317

48,206

233,798

10,107

326,428

541922

Commercial Photography

1,699

2,386

11,574

1,223

16,881

541930

Translation and Interpretation Services

1,368

1,921

9,317

4,824

17,430

541990

All Other Professional, Scientific, and Technical Services

12,945

18,185

88,195

8,771

128,096

561210

Facilities Support Services

18,773

26,371

127,900

136,245

309,289

561790

Other Services to Buildings and Dwellings

595

836

4,053

2,032

7,516

561910

Packaging and Labeling Services

4,587

6,443

31,250

21,773

64,053

561920

Convention and Trade Show Organizers

6,216

8,731

42,346

31,283

88,575

561990

All Other Support Services

24,759

34,779

168,678

70,955

299,171

Table III-3A—Annualized Costs to Industries That Include Establishments That Would Be Newly Required to Keep Records

NAICS

Code

NAICS Industry description

Learning new

record keeping

system

Relearning

recordkeeping

system due to

turnover

Complete,

certify and

post OSHA Form 300A

Complete log

entries, mark

privacy issues

and provide

employees

access

Total costs to

industries

newly required

to keep

records

621991

Blood and Organ Banks

6,165

8,661

42,004

50,465

107,295

621999

All Other Miscellaneous Ambulatory Health Care Services

9,156

12,862

62,379

36,782

121,179

624110

Child and Youth Services

31,027

43,584

211,384

46,008

332,004

624120

Services for the Elderly and Persons with Disabilities

62,391

87,641

425,060

247,081

822,172

624190

Other Individual and Family Services

78,919

110,859

537,665

26,251

753,693

624210

Community Food Services

12,587

17,682

85,756

10,843

126,869

624221

Temporary Shelters

15,027

21,108

102,375

23,817

162,327

624229

Other Community Housing Services

9,400

13,204

64,041

12,408

99,053

624230

Emergency and Other Relief Services

4,996

7,018

34,038

6,735

52,788

711110

Theater Companies and Dinner Theaters

6,350

8,920

43,263

39,742

98,274

711120

Dance Companies

950

1,335

6,474

4,724

13,484

711130

Musical Groups and Artists

3,504

4,923

23,874

20,203

52,504

711190

Other Performing Arts Companies

562

790

3,830

3,537

8,719

711310

Promoters of Performing Arts, Sports, and Similar Events with Facilities

4,143

5,819

28,224

30,040

68,226

711320

Promoters of Performing Arts, Sports, and Similar Events without Facilities

2,601

3,654

17,723

6,800

30,779

712110

Museums

7,847

11,023

53,462

39,386

111,718

712120

Historical Sites

1,333

1,873

9,084

4,128

16,419

713950

Bowling Centers

15,511

21,788

105,673

19,028

161,999

713990

All Other Amusement and Recreation Industries

1,092

1,534

7,438

59

10,122

722310

Food Service Contractors

109,725

154,132

747,542

218,299

1,229,698

722320

Caterers

17,853

25,079

121,631

58,070

222,633

812921

Photofinishing Laboratories (except One-Hour)

2,445

3,435

16,658

8,516

31,053

812922

One-Hour Photofinishing

979

1,376

6,673

731

9,758

812990

All Other Personal Services

5,116

7,186

34,851

4,658

51,811

Totals

1,133,105

1,591,692

7,719,704

2,635,779

13,080,280

Sources:

OSHA, Office of Regulatory Analysis.

Table III-4A—Cost Savings to Industries That Include Establishments That Would Be Newly Partially Exempt From Recordkeeping Requirements

NAICS Code

NAICS Industry description

Relearning

recordkeeping

system due to

turnover

Complete,

certify and

post OSHA

Form 300A

Complete log

entries, mark

privacy issues

and provide

employees

access

Costs savings

to industries

newly exempted

from keeping

records

441210

Recreational Vehicle Dealers

$10,304

$49,974

$26,206

$86,483

441221

Motorcycle Dealers

1,396

6,773

3,075

11,244

441222

Boat Dealers

15,192

73,681

20,988

109,861

441229

All Other Motor Vehicle Dealers

3,487

16,914

6,891

27,293

443111

Household Appliance Stores

22,180

107,572

20,933

150,684

443120

Computer and Software Stores

7,445

36,107

2,467

46,019

446120

Cosmetics, Beauty Supplies, and Perfume Stores

2,353

11,412

643

14,408

446199

All Other Health and Personal Care Stores

9,180

44,524

3,076

56,780

447110

Gasoline Stations with Convenience Stores

97,861

474,627

55,292

627,780

451130

Sewing, Needlework, and Piece Goods Stores

524

2,543

565

3,632

453210

Office Supplies and Stationery Stores

37,046

179,672

32,867

249,585

481211

Nonscheduled Chartered Passenger Air Transportation

4,192

20,332

9,671

34,195

481212

Nonscheduled Chartered Freight Air Transportation

769

3,729

1,873

6,370

481219

Other Nonscheduled Air Transportation

1,150

5,577

1,470

8,197

486110

Pipeline Transportation of Crude Oil

2,817

13,663

2,658

19,138

486210

Pipeline Transportation of Natural Gas

10,437

50,619

7,753

68,808

486910

Pipeline Transportation of Refined Petroleum Products

6,622

32,116

3,081

41,818

486990

All Other Pipeline Transportation

432

2,093

244

2,769

487990

Scenic and Sightseeing Transportation, Other

356

1,728

1,214

3,299

488510

Freight Transportation Arrangement

57,062

276,750

46,329

380,141

511110

Newspaper Publishers

39,793

192,994

174,234

407,021

511120

Periodical Publishers

28,148

136,518

33,260

197,927

511130

Book Publishers

8,359

40,540

14,567

63,466

511140

Directory and Mailing List Publishers

7,588

36,803

14,572

58,964

511191

Greeting Card Publishers

393

1,907

3,597

5,897

511199

All Other Publishers

3,100

15,034

3,770

21,905

512210

Record Production

267

1,293

69

1,629

512220

Integrated Record Production/Distribution

1,140

5,531

2,651

9,322

512230

Music Publishers

625

3,029

230

3,884

512290

Other Sound Recording Industries

1,383

6,707

177

8,267

515111

Radio Networks

3,413

16,553

11,094

31,060

515112

Radio Stations

40,066

194,322

29,948

264,336

515120

Television Broadcasting

14,062

68,201

33,985

116,248

517211

Paging

2,067

10,024

589

12,680

517212

Cellular and Other Wireless Telecommunications

78,708

381,735

34,009

494,452

517310

Telecommunications Resellers

6,406

31,067

7,590

45,062

517910

Other Telecommunications

1,631

7,911

2,912

12,455

518112

Web Search Portals

1,679

8,144

2,653

12,477

519190

All Other Information Services

1,690

8,195

2,493

12,378

522120

Savings Institutions

40,543

196,635

9,740

246,919

523999

Miscellaneous Financial Investment Activities

923

4,478

283

5,684

524130

Reinsurance Carriers

2,012

9,759

959

12,729

525910

Open-End Investment Funds

714

3,464

1,100

5,278

525930

Real Estate Investment Trusts

6,688

32,438

2,904

42,031

541320

Landscape Architectural Services

8,472

41,088

941

50,500

541360

Geophysical Surveying and Mapping Services

691

3,349

18,908

22,948

541612

Human Resources and Executive Search Consulting Services

12,542

60,831

95

73,468

541614

Process, Physical Distribution, and Logistics Consulting Services

377

1,829

100

2,306

541618

Other Management Consulting Services

301

1,461

3,995

5,757

541890

Other Services Related to Advertising

8,777

42,569

222,299

273,646

551114

Corporate, Subsidiary, and Regional Managing Offices

113,948

552,648

10,059

676,655

561421

Telephone Answering Services

5,168

25,063

21,557

51,787

561440

Collection Agencies

18,350

88,995

17,356

124,701

561510

Travel Agencies

45,012

218,309

1,296

264,617

561520

Tour Operators

5,302

25,715

4,552

35,569

561599

All Other Travel Arrangement and Reservation Services

6,589

31,956

1,874

40,419

561622

Locksmiths

3,087

14,972

17,515

35,575

611620

Sports and Recreation Instruction

17,152

83,185

722

101,059

721310

Rooming and Boarding Houses

2,802

13,590

1,707

18,099

811211

Consumer Electronics Repair and Maintenance

3,046

14,774

1,398

19,218

811212

Computer and Office Machine Repair and Maintenance

1,090

5,286

3,779

10,155

811213

Communication Equipment Repair and Maintenance

3,832

18,584

9,344

31,760

811219

Other Electronic and Precision Equipment Repair and Maintenance

8,423

40,851

629

49,902

811411

Home and Garden Equipment Repair and Maintenance

1,172

5,682

9,157

16,011

811412

Appliance Repair and Maintenance

7,073

34,306

18

41,398

811430

Footwear and Leather Goods Repair

39

191

7,618

7,849

811490

Other Personal and Household Goods Repair and Maintenance

8,778

42,571

10,186

61,535

812220

Cemeteries and Crematories

13,856

67,199

49,346

130,401

813410

Civic and Social Organizations

33,901

164,421

39,480

237,802

813930

Labor Unions and Similar Labor Organizations

41,204

199,841

2,943

243,988

813940

Political Organizations

2,761

13,392

0

16,153

Totals

955,949

4,636,351

1,091,556

6,683,856

Source:

OSHA, Office of Regulatory Analysis.

Table III-6A—Economic Impacts of Industries That Include Establishments That Would Be Newly Required To Keep Records

NAICS Code

NAICS Industry description

Affected

establishments

Cost per

affected

establishment

311811

Retail Bakeries

1,932

$57.04

441110

New Car Dealers

19,971

89.10

441120

Used Car Dealers

3,379

57.12

441310

Automotive Parts and Accessories Stores

426

59.84

444130

Hardware Stores

21,310

65.81

445210

Meat Markets

1,250

58.03

445220

Fish and Seafood Markets

44

59.61

445291

Baked Goods Stores

2,133

57.94

445292

Confectionery and Nut Stores

1,576

57.35

445299

All Other Specialty Food Stores

2,336

59.28

445310

Beer, Wine, and Liquor Stores

6,109

58.42

453910

Pet and Pet Supplies Stores

3,691

62.07

453920

Art Dealers

622

53.43

453991

Tobacco Stores

1,841

56.53

453998

All Other Miscellaneous Store Retailers (except Tobacco Stores)

5,351

57.62

454390

Other Direct Selling Establishments

69

67.23

531311

Residential Property Managers

11,737

64.14

531312

Nonresidential Property Managers

4,724

63.15

531320

Offices of Real Estate Appraisers

835

59.20

531390

Other Activities Related to Real Estate

2,045

61.96

532220

Formal Wear and Costume Rental

1,243

55.81

532230

Video Tape and Disc Rental

12,922

53.53

532299

All Other Consumer Goods Rental

21

60.12

532420

Office Machinery and Equipment Rental and Leasing

343

64.67

532490

Other Commercial and Industrial Machinery and Equipment Rental and Leasing

464

65.74

541910

Marketing Research and Public Opinion Polling

2,061

54.13

541921

Photography Studios, Portrait

6,020

54.23

541922

Commercial Photography

298

56.65

541930

Translation and Interpretation Services

240

72.65

541990

All Other Professional, Scientific, and Technical Services

2,271

56.41

561210

Facilities Support Services

3,293

93.92

561790

Other Services to Buildings and Dwellings

104

72.02

561910

Packaging and Labeling Services

805

79.61

561920

Convention and Trade Show Organizers

1,090

81.24

561990

All Other Support Services

4,343

68.89

621991

Blood and Organ Banks

1,082

99.21

621999

All Other Miscellaneous Ambulatory Health Care Services

1,606

75.45

624110

Child and Youth Services

5,443

61.00

624120

Services for the Elderly and Persons with Disabilities

10,944

75.12

624190

Other Individual and Family Services

13,844

54.44

624210

Community Food Services

2,208

57.46

624221

Temporary Shelters

2,636

61.58

624229

Other Community Housing Services

1,649

60.07

624230

Emergency and Other Relief Services

876

60.23

711110

Theater Companies and Dinner Theaters

1,114

88.23

711120

Dance Companies

167

80.89

711130

Musical Groups and Artists

615

85.41

711190

Other Performing Arts Companies

99

88.42

711310

Promoters of Performing Arts, Sports, and Similar Events with Facilities

727

93.89

711320

Promoters of Performing Arts, Sports, and Similar Events without Facilities

456

67.45

712110

Museums

1,377

81.16

712120

Historical Sites

234

70.20

713950

Bowling Centers

2,721

59.54

713990

All Other Amusement and Recreation Industries

192

52.86

722310

Food Service Contractors

19,247

63.89

722320

Caterers

3,132

71.09

812921

Photofinishing Laboratories (except One-Hour)

429

72.40

812922

One-Hour Photofinishing

172

56.80

812990

All Other Personal Services

897

57.74

Totals

198,763

81.63

Source:

OSHA, Office of Regulatory Analysis.

IV. OMB Review Under the Paperwork Reduction Act of 1995

This proposal would revise an existing collection of information as defined and covered by the Paperwork Reduction Act of 1995 and its implementing regulations. An ongoing information collection approved by OMB under the provisions of the Paperwork Reduction Act currently includes the type of information collected in this proposed regulation, as well as the manner in which employers collect the information. Accordingly, OMB approved the information collections associated with the requirements to maintain information on fatalities, injuries, and illnesses, and to report and submit this information to OSHA, under the Control Number 1218-0176. The current regulation at 29 CFR 1904.39 requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. The proposed rule would require employers to report to OSHA, within eight hours, all work-related fatalities and work-related in-patient hospitalizations (regardless of the number of employees involved), and, within 24 hours, all work-related amputations. The proposal also would update Appendix A to 29 CFR part 1904, subpart B, of its injury and illness recording and reporting regulations. Appendix A 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. OSHA based the current list of industries on the Standard Industrial Classification (SIC) system. In 1997, the North American Industry Classification System (NAICS) was introduced to classify establishments by industry. The proposed rule would update Appendix A by replacing it with a list of industries based on NAICS and more recent injury and illness data.

OSHA prepared and submitted a revised Information Collection Request (ICR) for this proposed regulation to OMB for review in accordance with 44 U.S.C. 3507(d). The Agency solicits comments on the proposed revised collection of information requirements and the estimated burden hours associated with these requirements, including comments on the following items:

• Whether the proposed collection of information requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful;

• The accuracy of OSHA's estimate of the burden (time and cost) of the information collection requirements, including the validity of the methodology and assumptions used;

• The quality, utility, and clarity of the information collected; and

• Ways to minimize the compliance burden on employers, for example, by using automated or other technological means for collecting and transmitting information.

As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2), the following paragraphs provide information about this ICR.

1.

Title:

29 CFR Part 1904 Recordkeeping and Reporting Occupational Injuries and Illnesses

2.

Number of respondents:

OSHA is proposing to revise the list of partially exempt industries in Appendix A of 29 CFR 1904, subpart B, using the North American Industry Classification System (NAICS). OSHA based the revised list in proposed Appendix A on DART rates compiled by the Bureau of Labor Statistics (BLS) for 2007, 2008, and 2009. The Agency still would require industries listed in proposed Appendix A to maintain records if requested to do so by BLS in connection with its Annual Survey (see 29 CFR 1904.42), or by OSHA in connection with its Data Initiative (see 29 CFR 1904.41). OSHA estimates that, as a result of the proposed revisions to the list of industries partially exempt from the regulation, 199,000 establishments with 5.3 million employees not previously required to record the information would need to do so, and that those establishments would record an estimated 173,000 injuries and illnesses per year. The total number of respondents is 1,665,374.

2.

Frequency of responses:

Annually; on occasion.

3.

Number of responses:

7,449,273.

4.

Average time per response:

Time per response varies from three minutes for making an entry on a confidential list of privacy-concern cases (see § 1904.29(b)(6)), to one hour to learn the requirements of the recordkeeping standard.

5.

Estimated total burden hours:

3,355,105 hours.

6.

Estimated costs (capital-operation and maintenance):

There are no capital costs for the proposed collection of information requirements.

Members of the public may comment on the paperwork requirements in this proposed regulation by sending their written comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, OSHA (Regulation Identifier Number (RIN) 1218-AC50), Office of Management and Budget, Room 10235, Washington, DC 20503; telephone: 202-395-6929; fax: 202-395-6881 (these are not toll-free numbers); e-mail:

OIRA_submission@omb.eop.gov.

OSHA encourages commenters also to submit their comments on these paperwork requirements to the rulemaking docket along with their comments on other parts of the proposed regulation. For instructions on submitting these comments to the docket, see the sections of this

Federal Register

notice titled

DATES

and

ADDRESSES

” Comments submitted in response to this notice are public records; therefore, OSHA cautions commenters about submitting personal information such as Social Security numbers and dates of birth. To

access the docket to read or download comments and other materials related to this paperwork determination, including the complete information collection request (ICR), use the procedures described under the section of this notice titled

ADDRESSES

. You may obtain an electronic copy of the complete ICR by visiting the Web site at

http://www.reginfo.gov/public/do/PRAMain,

then scroll under “Currently Under Review” to “Department of Labor (DOL)” to view all of the DOL's ICRs, including those ICRs submitted for proposed rulemakings. To make inquiries, or to request other information, contact Mr. Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2222. OSHA notes that a Federal agency cannot (1) conduct or sponsor a collection of information unless OMB approves it under the PRA and displays a currently valid OMB control number, and (2) require a party to respond to a collection of information unless the collection of information displays a currently valid OMB control number. Also, notwithstanding any other provision of law, no party shall be subject to penalty for failing to comply with a collection of information if the collection of information does not display a currently valid OMB control number. OSHA will publish a notice of OMB's action when it publishes the final regulation.

V. Unfunded Mandates

For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501

et seq.

), as well as Executive Order 12875, this proposed rule does not include any Federal mandate that may result in increased expenditures by state, local, and Tribal governments, or increased expenditures by the private sector of more than $100 million.

VI. Federalism

The proposed rule has been reviewed in accordance with Executive Oder 13132 (52 FR 41685), regarding federalism. Because this rulemaking involves a “regulation” issued under Sections 8 and 24 of the OSH Act, and is not an “occupational safety and health standard” issued under Section 6 of the OSH Act, the rule will not preempt state law (29 U.S.C. 667(a)). The effect of the proposed rule on states is discussed in section VIII. State Plan States.

VII. State Plan States

Consistent with Section 18 of the OSH Act (29 U.S.C. 667) and the requirements of 29 CFR 1904.37 and 1952.4, within 6 months after publication of the final OSHA rule, state-plan states must promulgate occupational injury and illness recording and reporting requirements that are the same as the Federal requirements for determining which injuries and illnesses will be entered into the records and how they are entered. All other injury and illness recording and reporting requirements that are promulgated by state-plan states may be more stringent than, or supplemental to, the Federal requirements, but, because of the unique nature of the national recordkeeping program, states must consult with OSHA and obtain approval of such additional or more stringent reporting and recording requirements to ensure that they will not interfere with uniform reporting objectives.

There are 27 state plan states and territories. The states and territories that cover private sector employers are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. Connecticut, Illinois, New Jersey, New York, and the Virgin Islands have OSHA approved state plans that apply to state and local government employees only.

VIII. Public Participation

This rulemaking is governed by the notice and comments requirements in the Administrative Procedure Act (APA)(5 U.S.C. 553) rather than section 6 of the OSH Act (29 U.S.C. 655) and 29 CFR Part 1911, which only apply to “promulgating, modifying or revoking occupational safety and health standards” (29 CFR part 1911). For example, section 6(b)(3) of the OSH Act and 29 CFR 1911.11 state that the requirement to hold an informal public hearing on a proposed rule only applies to rulemakings on occupational safety and health standards, not to those dealing with regulations.

Section 553(b)(1) of the APA requires the agency to specify the type of rule involved, the time during which the agency will receive comments on the proposal, and the instructions regarding the procedures for submitting comments. The APA does not specify a minimum period for submitting comments.

Public Submissions

OSHA invites comment on all aspects of the proposed rule. OSHA specifically encourages comment on the questions raised in the issues and potential alternatives sections of this preamble. Interested persons must submit comments by September 20, 2011 The Agency will carefully review and evaluate all comments, information, and data, as well as all other information in the rulemaking record, to determine how to proceed.

You may submit comments in response to this document (1) electronically at

http://www.regulations.gov,

which is the Federal e-rulemaking portal; (2) by fax; or (3) by hard copy. All submissions must identify the Agency name and the OSHA docket number (Docket No. OSHA-2010-0019) or RIN (RIN No. 1218-AC50) for this rulemaking. You may supplement electronic submissions by uploading document files electronically. If, instead, you wish to mail additional materials in reference to an electronic or fax submission, you must submit three copies to the OSHA docket office (see

ADDRESSES

section). The additional materials must clearly identify your electronic comments by name, date, and docket number, so OSHA can attach them to your comments.

Because of security-related procedures, the use of regular mail may cause a significant delay in the receipt of submissions. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger or courier service, please contact the OSHA docket office at (202) 693-2350 (TTY (877) 889-5627).

Access to Docket

Comments in response to this

Federal Register

notice are posted at

http://www.regulations.gov,

the Federal e-rulemaking portal. Therefore, OSHA cautions individuals about submitting personal information such as social security numbers and birthdates. Although submissions are listed in the

http://www.regulations.gov

index, some information (

e.g.,

copyrighted material) is not publicly available to read or download through that Web site. All comments and exhibits, including copyrighted material, are available for inspection and copying at the OSHA docket office. Information on using

http://www.regulations.gov

to submit comments and access dockets is available on that Web site. Contact the OSHA docket office for information about materials not available through the Web site and for assistance in using the Internet to locate docket submissions.

Electronic copies of this

Federal Register

document are available at

http://www.regulations.gov.

This document, as well as news releases and other relevant information, also are available at OSHA's Web page at

http://www.osha.gov.

For specific information about OSHA's Recordkeeping rule, go the Recordkeeping page on OSHA's Web page.

IX. Authority and Signature

This document was prepared under the direction of Dr. David Michaels, Assistant Secretary for Occupational Safety and Health. It is issued under Sections 8 and 24 of the Occupational Safety and Health Act (29 U.S.C. 657, 673), 5 U.S.C. 553, and Secretary of Labor's Order 4-2010 (75 FR 55355, 9/10/2010)

List of Subjects in 29 CFR Part 1904

Health statistics, Occupational safety and health, Reporting and recordkeeping requirements.

Signed at Washington, DC on June 15, 2011.

David Michaels,

Assistant Secretary of Labor for Occupational Safety and Health.

X. Proposed Rule

Part 1904 of Title 29 of the Code of Federal Regulations is hereby proposed to be amended as follows:

PART 1904—[AMENDED]

1. The authority citation for part 1904 continues to read as follows:

Authority:

29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of Labor's Order No. 3-2000 (65 FR 50017), and 5 U.S.C. 533.

2. Amend § 1904.2 as follows:

A. Revise paragraph (a)(1).

B. Remove paragraph (b)(1).

C. Redesignate paragraphs (b)(2) and (b)(3) as (b)(1) and (b)(2).

D. Revise newly designated paragraphs (b)(1) and (b)(2).

The revisions read as follows:

§ 1904.2

Partial exemption for establishments in certain industries.

(a) * * *

(1) If your business establishment is classified in a specific industry subsector listed in Appendix A to this Subpart B, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under § 1904.41 or § 1904.42. However, all employers must report to OSHA any workplace incident that results in a fatality, an amputation, or the in-patient hospitalization of an employee (see § 1904.39).

(b) * * *

(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 exempt.

(2)

How do I determine the correct NAICS code for my business?

The NAICS was designed and documented in such a way to allow business establishments to self-code. There are a number of tools and references available to help you to determine the most appropriate NAICS code for your business from the U.S. Census Bureau at

http://www.census.gov.

You may contact your nearest OSHA office or state agency for help in determining your NAICS code.

3. Revise Appendix A to subpart B of part 1904 to read as follows:

Appendix A to Subpart B of Part 1904 (Non-Mandatory)—Partially Exempt Industries

Employers are not required to keep 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 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, in-patient hospitalization, or amputation (see § 1904.39).

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.

4. Amend § 1904.39 as follows:

A. Revise paragraphs (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), and (b)(7).

B. Add paragraph (b)(8).

The revisions and addition should read as follows:

§ 1904.39

Reporting fatalities and multiple hospitalization incidents to OSHA.

(a)

Basic Requirement.

Within eight (8) hours after the death of any employee from a work-related incident, within eight (8) hours after the in-patient hospitalization of any employee as a result of a work-related incident, and within twenty-four (24) hours after an amputation suffered by an employee as a result of a work-related incident, you must orally report the incident by telephone or in person to the nearest Area Office of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. You may also use the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742).

(b) * * *

(1)

If the Area Office is closed, may I report the incident by leaving a message on OSHA's answering machine, faxing the area office, or sending an e-mail?

No, if you can't talk to a person at the Area Office, you must report the fatality, in-patient hospitalization, or

amputation incident using the 800 number.

(2)

What information do I need to give to OSHA about the incident?

You must give OSHA the following information for each fatality, in-patient hospitalization, or amputation incident:

(i) The establishment name;

(ii) The location of the incident;

(iii) The time of the incident;

(iv) The number of fatalities or hospitalized employees or amputations;

(v) The names of any injured employees;

(vi) Your contact person and his or her phone number; and

(vii) A brief description of the incident.

(3)

Do I have to report every fatality or in-patient hospitalization or amputation incident resulting from a motor vehicle accident?

No, you do not have to report all of these incidents. If the motor vehicle accident occurs on a public street or highway, and does not occur in a construction work zone, you do not have to report the incident to OSHA. However, these injuries must be recorded on your OSHA injury and illness records, if you are required to keep such records.

(4)

Do I have to report a fatality or in-patient hospitalization or amputation incident that occurs on a commercial or public transportation system?

No, you do not have to call OSHA to report a fatality or hospitalization or amputation incident if it involves a commercial airplane, train, subway, or bus accident. However, these injuries must be recorded on your OSHA injury and illness records, if you are required to keep such records.

* * *

(6)

Do I have to report a fatality or in-patient hospitalization or amputation that occurs long after the incident

? No, you must only report each fatality or in-patient hospitalization or amputation that occurs within thirty (30) days of an incident.

(7)

What if I don't learn about an incident right away?

If you do not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under paragraphs (a) and (b) of this section, you must make the report within eight (8) hours (for a fatality or an in-patient hospitalization) or twenty four (24) hours (for an amputation) of the time the incident is reported to you or to any of your agent(s) or employee(s).

(8)

What types of injuries are counted as amputations?

For purposes of classifying occupational injuries and illnesses, amputations are defined by the Bureau of Labor Statistics in their Occupational Injury and Illness Classification Manual. An amputation is the traumatic loss of a limb or other external body part, including a fingertip. In order for an injury to be classified as an amputation, bone must be lost. Amputations include loss of a body part due to a traumatic incident, a gunshot wound, and medical amputations due to irreparable traumatic injuries. Amputations exclude traumatic injuries without bone loss and exclude enucleation (eye removal).

[FR Doc. 2011-15277 Filed 6-21-11; 8:45 am]

BILLING CODE 4510-26-P