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FDRsafety Newsletter
September 2013
Is your business exempt from OSHA recordkeeping requirements?

 

By Jim Stanley
President, FDRsafety

  

With the expansion of OSHA enforcement, it's easy to see how all employers would assume that they are subject to the agency's recordkeeping requirements for illnesses and injuries.

But the fact is that many employers are exempt and don't realize it. I have run into several physicians who believed their offices had to report to OSHA. They were relieved when I told them that wasn't the case.

OSHA regulations list more than four dozen types of businesses that need not keep OSHA injury and illness records unless asked to do so in writing by OSHA, the Bureau of Labor Statistics or a "state plan" agency enforcing occupational safety and health regulations.

Besides medical and dental offices, exempt businesses range from car dealers to restaurants.

However, all employers must report to OSHA any workplace incident that results in a fatality or hospitalization of three or more employees.

Here is the list of exempt businesses:

  • Advertising Services
  • Apparel and Accessory Stores
  • Barber Shops
  • Beauty Shops
  • Bowling Centers
  • Candy, Nut, and Confectionery Stores
  • Child Day Care Services
  • Computer and Data Processing Services
  • Credit Reporting and Collection Services
  • Dairy Products Stores
  • Dance Studios, Schools, and Halls
  • Depository Institutions (banks & savings institutions)
  • Drug Stores and Proprietary Stores
  • Eating and Drinking Places
  • Educational Services (schools, colleges, universities and libraries)
  • Engineering, Accounting, Research, Management, and Related Services
  • Funeral Service and Crematories
  • Gasoline Service Stations
  • Hardware Stores
  • Health and Allied Services, Not Elsewhere Classified
  • Holding and Other Investment Offices
  • Individual and Family Services
  • Insurance Agents, Brokers, & Services
  • Insurance Carriers
  • Legal Services
  • Liquor Stores
  • Mailing, Reproduction, & Stenographic Services
  • Meat and Fish Markets
  • Medical and Dental Laboratories
  • Membership Organizations
  • Miscellaneous Business Services
  • Miscellaneous Food Stores
  • Miscellaneous Personal Services
  • Miscellaneous Shopping Goods Stores
  • Motion Picture
  • Motorcycle Dealers
  • Museums and Art Galleries
  • New and Used Car Dealers
  • Non-depository Institutions (credit institutions)
  • Offices & Clinics Of Medical Doctors
  • Offices and Clinics Of Dentists
  • Offices Of Osteopathic Physicians
  • Offices Of Other Health Practitioners
  • Photographic Studios, Portrait
  • Producers, Orchestras, Entertainers
  • Radio, Television, & Computer Stores
  • Real Estate Agents and Managers
  • Retail Bakeries
  • Retail Stores, Not Elsewhere Classified
  • Re-upholstery and Furniture Repair
  • Security and Commodity Brokers
  • Services, not elsewhere classified
  • Shoe Repair and Shoeshine Parlors
  • Social Services, Not Elsewhere Classified
  • Title Abstract Offices
  • Used Car Dealers

 

Jim Stanley is a former Deputy Assistant Secretary of Labor for OSHA. Contact him at jstanley@fdrsafety.com or (513) 317-5644.

 

New senior advisors   

FDRsafety is privileged to have a team of senior advisors on board who bring tremendous expertise and experience to the table. Please meet four of our most recent additions:

 

Joseph Wolfsberger
Joseph Wolfsberger

Joe previously was Vice President, Environment, Health and Safety for Ingersoll Rand Corporation, a global diversified industrial manufacturer. Prior to that, Joe was with Eaton and Baxter International where he served as Vice President, EHS. He has also held a variety of EHS leadership positions with Monsanto Company and OSHA.

  

Joe specializes in occupational health/industrial hygiene, combustible dust issues, EHS management systems and risk assessment and EHS audit systems. He is a Certified Industrial Hygienist and Certified Safety Professional.

 

Contact us for more information about our occupational health /industrial hygiene and risk assesment services.

 

 

Daniel Zarletti

Daniel Zarletti

Dan has served in a variety of executive roles, including Vice President - EHS for Roadside Traffic Safety Inc. and Vice President/Chief Risk Officer for Kenny Construction Co. He is a Trustee of the National Safety Council and previously served on the Executive Board of the Council as Finance Chairman. He is also a member of the International Board of Directors of the Scaffolding Industry Association.

 

Dan advises clients on construction safety compliance and provides expert testimony on scaffolding and systems safety management.

 

Contact us for more information about our construction safety and expert testimony services.  

 

 

Greg Richey Greg Richey

Greg Richey offers clients more than 35
years of experience from both the regulator's and consultant's perspectives. As an
expert in occupational exposure
assessment, Greg was previously a supervisor with OSHA's Philadelphia Area Office. Greg has been in private consulting practice for 25 years.

            

Greg maintains certification in the comprehensive practice of industrial hygiene with a subspecialty in indoor environmental quality. In addition to being a Certified Industrial Hygienist, he is a Certified Safety Professional and Certified Professional Environmental Auditor.

 

Contact us for more information about our occupational health/industrial hygiene services.

 

 

Chrysoula Komis Chrysoula Komis, PhD, CIH, CSP, CHMM, RBP

Chrysoula has extensive experience working with the chemical manufacturing, pharmaceuticals, energy, food, foundries, and light manufacturing industries as a consultant as well as having had a lengthy tenure with OSHA. She holds a doctorate in industrial hygiene and toxicology from Drexel University. Specialties include litigation support and expert testimony, occupational health/industrial hygiene, OSHA compliance, guidance on Voluntary Protection Programs, hazard assessment, safety and health auditing, chemical hazard information, training, and OSHA recordkeeping review.

 

Chrysoula is a Certified Industrial Hygienist, a Certified Safety Professional, a Certified Hazardous Materials Manager, and a Registered Biosafety Professional. She is also an adjunct professor at Temple University in the Departments of Public Health and Civil and Environmental Engineering.

 

Contact us for more information about our services in expert testimony, occupational health/industrial hygiene, OSHA compliance, VPP, hazard assessment, safety and health auditing, chemical hazard, training and OSHA recordkeeping review.

Check out this webinar on Tuesday, Sept. 24

 

Joe Wolfsberger, a new FDRsafety senior advisor (see above), is presenting a free webinar entitled "Communicating the value of a risk reduction culture." It will be held at 11 a.m. EST, Tuesday Sept. 24. For details, click here.

 

Best of the blog

 

One of OSHA's key enforcement initiatives is the Severe Violators Enforcement Program, which the agency says identifies employers who are indifferent to workplace health and safety and subjects them to enhanced settlements and follow-up inspections. But how effective is this program, really? OSHA's white paper on the subject, published earlier this year, said the program [...]read more»

 

Our guest blogger is Joe Wolfsberger, a senior advisor at FDRsafety and an expert in occupational health/industrial hygiene. OSHA has published the final rule on the Global Harmonization System that applies to producers, distributors and users of chemicals.  This revision to the existing Hazard Communication Standard has implications that are both positive and negative. [...]read more»

 

A recent appeals court decision provides an excellent reminder of information that all employers should be aware of when it comes to OSHA enforcement. When OSHA cites a company for an alleged violation, the following four requirements must be met if the violation is to stand: 1) That the regulation applied to the circumstances at [...]read more»


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ABOUT FDRsafety

At the heart of FDRsafety is this simple idea: Extensive expertise and experience bring the best results.

FDRsafety is led by two nationally recognized, long-time leaders in safety: Fred Rine and Jim Stanley.

Each has decades of experience improving occupational safety and health performance at companies of all sizes, including complex multi-billion dollar, multinational organizations.

FDRsafety can meet your needs for a wide range of safety and health services, including training, OSHA compliance, safety staffing and expert witnesses.

Contact us to learn how we can help you reduce accidents, meet federal, state and local legal requirements, reduce costs, and most importantly, protect your greatest assets - your employees.