Scope

(1) All employers covered by the Tennessee Occupational Safety and Health Act of 1972, as amended, (Act) are covered by these rules. However, most employers do not have to keep TOSHA injury and illness records unless TOSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. For example, employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping TOSHA injury and illness records. (2) Partial exemption for employers with 10 or fewer employees. (a) Basic requirement. 1. If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep TOSHA injury and illness records unless TOSHA or the BLS informs you in writing that you must keep records under Rule 0800-01-03-.05(3) or Rule 0800-01-03-05(4). However, as required by Rule 0800-01-03-.05(1), all employers covered by the Act must report to TOSHA any OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING workplace incident that results in a fatality or the hospitalization of three or more employees. 2. If your company had more than ten (10) employees at any time during the last calendar year, you must keep TOSHA injury and illness records unless your establishment is classified as a partially exempt industry under Rule 0800-01-03- .02(2). (b) Implementation. 1. Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company. 2. How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company’s peak employment during the last calendar year. If you had no more than 10 employees at any time in the last calendar year, your company qualifies for the partial exemption for size. (3) Partial exemption for establishments in certain industries. (a) Basic requirement. 1. If your business establishment is classified in a specific industry group listed in Appendix A of Rule 0800-01-03-.02(4), you do not need to keep TOSHA injury and illness records unless the government asks you to keep the records under Rule 0800-01-03-.05(3) or Rule 0800-01-03-.05(4). However, all employers must report to TOSHA any workplace incident that results in an employee’s fatality, in- patient hospitalization, amputation, or loss of an eye [see Rule 0800-01-03- .05(1)]. 2. If one or more of your company’s establishments are classified in a non-exempt industry, you must keep TOSHA injury and illness records for all of such establishments unless your company is partially exempted because of size under Rule 0800-01-03-.02(1). (b) Implementation. 1. Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company’s establishments may be required to keep records, while others may be partially exempt. 2. How do I determine the correct NAICS code for my company or for individual establishments? You determine your NAICS code by using one of three methods: (i) You can use the search feature at the U.S. Census Bureau NAICS main webpage: https://www.census.gov/naics. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices. (ii) Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main webpage: https://www.census.gov/naics. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available. (iii) If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the “Concordances” link at the U.S. Census Bureau NAICS main webpage: https://www.census.gov/naics. You may also contact your nearest TOSHA office for help in determining your NAICS Code. (4) Non-Mandatory Appendix A - Partially Exempt Industries. Employers are not required to keep TOSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by TOSHA or the Bureau of Labor Statistics (BLS). All employers, including those partially exempted by reason of company size or industry classification, must report to TOSHA any employee’s fatality, in-patient hospitalization, amputation, or loss of an eye [see Rule 0800-01-03-.05(1)]. NAICS Code Industry Other Motor Vehicle Dealers Electronics and Appliance Stores Health and Personal Care Stores Gasoline Stations Clothing Stores Shoe Stores Jewelry, Luggage, and Leather Goods Stores Sporting Goods, Hobby, and Musical Instrument Stores Book, Periodical, and Music Stores Florists Office Supplies, Stationery, and Gift Stores Nonscheduled Air Transportation Pipeline Transportation of Crude Oil Pipeline Transportation of Natural Gas Other Pipeline Transportation Scenic and Sightseeing Transportation, Other Freight Transportation Arrangement Newspaper, Periodical, Book, and Directory Publishers Software Publishers Motion Picture and Video Industries Sound Recording Industries Radio and Television Broadcasting Wireless Telecommunications Carriers (except Satellite) OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING Telecommunications Resellers Other Telecommunications Internet Service Providers and Web Search Portals Data Processing, Hosting, and Related Services Other Information Services Monetary Authorities - Central Bank Depository Credit Intermediation Nondepository Credit Intermediation Activities Related to Credit Intermediation Securities and Commodity Contracts Intermediation and Brokerage Securities and Commodity Exchanges Other Financial Investment Activities Insurance Carriers Agencies, Brokerages, and Other Insurance Related Activities Insurance and Employee Benefit Funds Other Investment Pools and Funds Offices of Real Estate Agents and Brokers Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) Legal Services Accounting, Tax Preparation, Bookkeeping, and Payroll Services Architectural, Engineering, and Related Services Specialized Design Services Computer Systems Design and Related Services Management, Scientific, and Technical Consulting Services Scientific Research and Development Services Advertising and Related Services Management of Companies and Enterprises Office Administrative Services Business Support Services Travel Arrangement and Reservation Services Investigation and Security Services Elementary and Secondary Schools Junior Colleges Colleges, Universities, and Professional Schools Business Schools and Computer and Management Training Technical and Trade Schools Other Schools and Instruction Educational Support Services Offices of Physicians Offices of Dentists Offices of Other Health Practitioners Outpatient Care Centers Medical and Diagnostic Laboratories Child Day Care Services Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures Independent Artists, Writers, and Performers OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-01-03 RECORD-KEEPING AND REPORTING Rooming and Boarding Houses Full-Service Restaurants Limited-Service Eating Places Drinking Places (Alcoholic Beverages) Electronic and Precision Equipment Repair and Maintenance Personal and Household Goods Repair and Maintenance Personal Care Services Death Care Services Religious Organizations Grantmaking and Giving Services Social Advocacy Organizations Civic and Social Organizations Business, Professional, Labor, Political, and Similar Organizations