Tenn. Comp. R. & Regs. 0800-01-03-.02 - 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 Rule0800-01-03-05(4). However, as required by Rule 0800-01-03-.05(1), all employers covered by the Act must report to TOSHA any 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 Rule0800-01-03-.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 Rule0800-01-03-.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 Rule0800-01-03-.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:http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activitiescontaining that keyword and the 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: http://www.census.gov/eos/www/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: http://www.census.gov/eos/www/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
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

Notes

Tenn. Comp. R. & Regs. 0800-01-03-.02

Original rule certified June 10, 1974. Amendment filed March 31, 1983; effective June 15, 1983. Amendment filed November 25, 1983; effective February 13, 1984. Amendment filed November 25, 1983; effective February 13, 1984. Repeal and new rule filed August 30, 2001; effective December 28, 2001. Amendment filed June 30, 2003; effective October 28, 2003. Amendments filed November 26, 2014; effective 2/24/2015.

Authority: T.C.A. §§ 4-3-1411, 50-3-101, 50-3-103, 50-3-201, 50-3-701, and 50-3-917.