Partial Exemption for Employers with 10 or Fewer Employees

December 20, 2020

If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep Cal/OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under the provisions of Section 14300.41 or Section 14300.42. However, all employers must continue to file reports of occupational injuries and illnesses with the Division of Labor Statistics and Research as required by Article 1 of this subchapter, and to immediately report to the Division of Occupational Safety and Health any workplace incident that results in serious injury or illness, or death, as required by Title 8 Section 342.

If your company had more than ten (10) employees at any time during the last calendar year, you must keep Cal/OSHA injury and illness records unless your establishment is classified as a partially exempt industry under Section 14300.2.
 
(1) Is the partial exemption for size based on the size of my entire company or on the size of an individual 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 10 or fewer employees at all times in the last calendar year, your company qualifies for the partial exemption for size.

 

Source: The United States Department of Labor, “Partial exemption for employers with 10 or fewer employees” https://www.osha.gov website. Accessed December 20, 2020. https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.1

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