Is my establishment partially exempt from OSHA recordkeeping?

An establishment can be partially exempt from routine OSHA injury and illness recordkeeping for two main reasons: it had 10 or fewer employees at all times during the previous calendar year, or it is in an industry OSHA lists as partially exempt. That does not mean "OSHA does not apply." It usually means the establishment does not routinely keep Forms 300, 300A, and 301 unless OSHA or the Bureau of Labor Statistics asks for them.

The official list is OSHA's Appendix A to Subpart B. OSHA also notes that all employers, including partially exempt ones, still must report work-related fatalities, inpatient hospitalizations, amputations, and losses of an eye under Section 1904.39.

The short answer

Run the test by establishment, not by company:

1. Did the establishment have 10 or fewer employees at all times last year?
2. If not, is its industry classification in OSHA's partially exempt industry list?
3. Has OSHA, BLS, or a state agency told the establishment to keep records anyway?
4. Does a separate electronic-submission rule apply because of size and industry?

If the establishment is partially exempt and has not been specifically notified to keep records, it generally does not routinely maintain the OSHA 300 log, 300A annual summary, or 301 incident reports. If it is not partially exempt, check whether it must keep those records and electronically submit the 300A.

Small-establishment partial exemption

The size exemption is narrow but useful. If a company had 10 or fewer employees at all times during the previous calendar year, OSHA generally treats it as partially exempt from routine recordkeeping.

Two details matter:

• The test is based on the company as a whole, not just one location.
• The phrase "at all times" matters. If headcount went above 10 during the year, do not rely on this exemption.

This is separate from the electronic filing thresholds. A business can be too small for routine recordkeeping and therefore outside the normal Form 300A filing path. But if the business grows, the exemption can disappear in the next reporting cycle.

Industry partial exemption

The industry exemption is based on OSHA's official industry classifications. OSHA's Appendix A to Subpart B lists lower-hazard industries that are partially exempt from routine recordkeeping. Common examples include many offices, professional services, financial services, insurance, real estate, schools, religious organizations, and certain retail categories.

Do not decide this from a broad business label. "Healthcare," "retail," and "services" are too broad. The establishment's specific business activity controls, and closely related locations can land in different classifications. A corporate office may be partially exempt while a warehouse, shop, plant, or residential-care facility is not.

OSHA's partial-exemption list uses formal industry classifications. OSHA has an FAQ for cases where an older classification on the list no longer exists in a newer system, but the practical answer is still the same: map the establishment to the correct OSHA recordkeeping classification before deciding.

Partial exemption does not erase reporting duties

Partial exemption is easy to overread. It does not remove every OSHA obligation.

Even partially exempt employers must still report serious events to OSHA:

• Fatalities
• Inpatient hospitalizations
• Amputations
• Losses of an eye

A written request from OSHA, BLS, or a state agency can require the establishment to keep records. State Plan states can have additional requirements, so a state-specific check is still worth doing before you close the file.

How partial exemption affects 300A filing

The Form 300A electronic filing rule depends on whether the establishment is required to keep OSHA injury and illness records. OSHA's 1904.41 rule says:

• Establishments with 20-249 employees in listed Appendix A to Subpart E industries submit Form 300A.
• Establishments with 250 or more employees submit Form 300A if Part 1904 requires them to keep records.
• Establishments with 100 or more employees in Appendix B to Subpart E industries submit Forms 300 and 301 case-detail data, in addition to 300A data.

That means partial exemption can be decisive. If an establishment is partially exempt from routine recordkeeping because of its industry, it generally is not required to submit 300A just because it is large. But the answer depends on the exact business classification, size, jurisdiction, and any special notification.

The official electronic-submission rule is 29 CFR 1904.41. OSHA's ITA Coverage Application is the best final check because it combines state, size, industry, and government-employer status.

Common mistakes

• Checking the parent company instead of the establishment. Electronic filing is establishment-level, even when recordkeeping duties are managed centrally.
• Using a broad industry label. Match the establishment's actual business activity to OSHA's recognized classification.
• Assuming office staff make the whole company exempt. A back office and a production facility can have different answers.
• Forgetting severe-injury reporting. Partial exemption does not remove the fatality and severe-injury reporting rule.
• Ignoring a written request. OSHA, BLS, or a state agency can require records from an otherwise partially exempt employer.
• Missing the 100-employee case-detail rule. Some large establishments need more than the 300A reviewed.

A practical audit packet

Keep a short note for each establishment:

• Establishment name and address
• Industry classification used for the decision
• Peak employment during the previous calendar year
• Whether the establishment is on OSHA's partial-exemption list
• Whether OSHA, BLS, or a state agency has sent a recordkeeping notice
• The filing-year decision and source checked

That packet makes the decision reviewable later. It also prevents the common problem where a company reuses last year's answer after a site changes size, operations, or industry classification.

The filing checker walks through the establishment size, business activity, and deadline questions in plain language. If the result shows a filing path, RegFile keeps the review, signer approval, and filing evidence in one place.

Start the filing checker ->

This is informational, not legal advice - verify against your adopted rule.