[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36414-36438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15277]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1904

[Docket No. OSHA-2010-0019]
RIN 1218-AC50


Occupational Injury and Illness Recording and Reporting 
Requirements--NAICS Update and Reporting Revisions

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule.

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SUMMARY: OSHA is proposing to update Appendix A to Subpart B of its 
Injury and Illness Recording and Reporting regulation. Appendix A 
contains a list of industries that are partially exempt from 
maintaining records of occupational injuries and illnesses, generally 
due to their relatively low rates of occupational injury and illness. 
The current list of industries is based on the Standard Industrial 
Classification (SIC) system. In 1997, the North American Industry 
Classification System (NAICS) was introduced to classify establishments 
by industry. The proposed rule would update Appendix A by replacing it 
with a list of industries based on NAICS and more recent injury and 
illness data.
    The proposed rule would also require employers to report to OSHA, 
within eight hours, all work-related fatalities and all work-related 
in-patient hospitalizations; and within 24 hours, all work-related 
amputations. The current regulation requires an employer to report to 
OSHA, within eight hours, all work-related fatalities and in-patient 
hospitalizations of three or more employees.

DATES: Written comments: Comments must be submitted by September 20, 
2011.

ADDRESSES: Written comments: You may submit comments, identified by 
docket number OSHA-2010-0019, or regulatory information number (RIN) 
1218-AC50, by any of the following methods:
    Electronically: You may submit comments electronically at http://www.regulations.gov, which is the Federal e-rulemaking portal. Follow 
the

[[Page 36415]]

instructions on the Web site for making electronic submissions;
    Fax: If your submission, including attachments, does not exceed 10 
pages, you may fax it to the OSHA docket office at (202) 693-1648; or
    Mail, hand delivery, express mail, messenger, or courier service: 
You must submit three copies of your comments and attachments to the 
OSHA Docket Office, Docket Number OSHA-2010-0019, U.S. Department of 
Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; 
telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Department of Labor's and docket office's normal 
business hours, 8:15 a.m.-4:45 p.m.
    Instructions for submitting comments: All submissions must include 
the docket number (Docket No. OSHA-2010-0019) or the RIN (RIN 1218-
AC50) for this rulemaking. Because of security-related procedures, 
submission by regular mail may result in significant delay. Please 
contact the OSHA docket office for information about security 
procedures for making submissions by hand delivery, express delivery, 
and messenger or courier service.
    All comments, including any personal information you provide, are 
placed in the public docket without change and may be made available 
online at http://www.regulations.gov. Therefore, OSHA cautions you 
about submitting personal information such as social security numbers 
and birthdates.
    Docket: To read or download submissions in response to this Federal 
Register notice, go to docket number OSHA-2010-0019, at http://regulations.gov. All submissions are listed in the http://regulations.gov index, however, some information (e.g., copyrighted 
material) is not publicly available to read or download through that 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA docket office.
    Electronic copies of this Federal Register document are available 
at http://www.regulations.gov. This document, as well as news releases 
and other relevant information, is available at OSHA's Web site at 
http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: For press inquiries: OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone (202)-693-1999.
    For general and technical information on the proposed rule: OSHA 
Office of Statistical Analysis, Room N-3641, U.S. Department of Labor, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 
693-2400.

SUPPLEMENTARY INFORMATION: OSHA's current regulation at Section 1904.2 
partially exempts certain lower-hazard industries classified in 
Standard Industrial Classification (SIC) codes 52 through 89 from 
injury and illness recordkeeping requirements. Lower hazard industries 
are those industries with an average Days Away, Restricted, or 
Transferred (DART) rate at or below 75 percent of the national average 
DART rate. The DART rate represents the total non-fatal injuries and 
illnesses resulting in days away from work, restricted work activity, 
and/or job transfer per 100 full-time employees for a given period of 
time (usually 1 year). The current list of partially exempt industries, 
which is included in Appendix A to Subpart B, is based on injury and 
illness data compiled by the Bureau of Labor Statistics (BLS) for 1997, 
1998 and 1999.
    OSHA is proposing to revise the list of partially exempt industries 
in Appendix A using the North American Industry Classification System 
(NAICS). The revised list in proposed Appendix A is based on DART rates 
compiled by BLS for 2007, 2008 and 2009. Industries listed in proposed 
Appendix A would still be required to keep records if requested to do 
so by BLS in connection with its Annual Survey (29 CFR 1904.42), or by 
OSHA in connection with its Data Initiative (29 CFR 1904.41).
    OSHA is also proposing to revise Section 1904.39, which currently 
requires an employer to report to OSHA, within eight hours, all work-
related fatalities and in-patient hospitalizations of three or more 
employees. The proposed rule would require an employer to report to 
OSHA, within eight hours, all work-related fatalities and all work-
related in-patient hospitalizations; and within 24 hours, all work-
related amputations.
    This regulation was developed in accordance with the principles of 
Executive Order 12866 and Executive Order 13563. Executive Order 12866 
requires that OSHA estimate the benefits, costs, and net benefits of 
proposed regulations. The Agency estimates the regulation will cost 
approximately $8.5 million, on an annualized basis. As discussed 
elsewhere in this preamble, the Agency believes the annual benefits, 
while unquantified, are significantly in excess of the annual costs.

I. Legal Authority

    OSHA is issuing this proposed revision of the Recordkeeping 
regulation pursuant to authority expressly granted by sections 8 and 24 
of the Occupational Safety and Health Act (the ``OSH Act'' or ``Act) 
(29 U.S.C. 657, 673). Section 8(c)(1) requires each employer to ``make, 
keep and preserve, and make available to the Secretary [of Labor] or 
the Secretary of Health and Human Services, such records regarding his 
activities relating to this Act as the Secretary, in cooperation with 
the Secretary of Health and Human Services, may prescribe by regulation 
as necessary or appropriate for the enforcement of this Act or for 
developing information regarding the causes and prevention of 
occupational accidents and illnesses.'' Section 8(c)(2) directs the 
Secretary to prescribe regulations ``requiring employers to maintain 
accurate records of, and to make periodic reports on, work-related 
deaths, injuries and illnesses other than minor injuries requiring only 
first aid treatment and which do not involve medical treatment, loss of 
consciousness, restriction of work or motion, or transfer to another 
job'' (29 U.S.C. 657(c)(2). Section 8(g)(2) of the OSH Act broadly 
empowers the Secretary to ``prescribe such rules and regulations as 
[s]he may deem necessary to carry out [her] responsibilities under the 
Act'' (29 U.S.C. 657(g)(2)).
    Section 24 of the OSH Act contains a similar grant of authority. It 
requires the Secretary to ``develop and maintain an effective program 
of collection, compilation, and analysis of occupational safety and 
health statistics '' and ``compile accurate statistics on work injuries 
and illnesses which shall include all disabling, serious, or 
significant injuries and illnesses, whether or not involving loss of 
time from work, other than minor injuries requiring only first aid 
treatment and which do not involve medical treatment, loss of 
consciousness, restriction of work or motion, or transfer to another 
job'' (29 U.S.C. 673(a)). Section 24 also requires employers to ``file 
such reports [of work injuries and illnesses] with the Secretary'' as 
she may prescribe by regulation (29 U.S.C. 673(e)).
    In addition, the Secretary's responsibilities under the OSH Act are 
defined largely by its enumerated purposes, which include ``[p]roviding 
appropriate reporting procedures that will help achieve the objectives 
of this Act and accurately describe the nature of the occupational 
safety and health problem'' (29 U.S.C. 651(b)(12)).

[[Page 36416]]

    The OSH Act authorizes the Secretary to issue two types of 
occupational safety and health rules; standards and regulations. 
Standards, which are authorized by section 6 of the OSH Act, specify 
remedial measures to be taken to prevent and control employee exposure 
to identified occupational hazards; while regulations are the means to 
effectuate other statutory purposes, including the collection and 
discrimination of records of occupational injuries and illnesses. 
Courts of appeal have held that OSHA recordkeeping rules are 
regulations and not standards (Louisiana Chemical Ass'n v. Bingham, 657 
F.2d 777, 782-785 (5th Cir. 1981); Workplace Health & Safety Council v. 
Reich, 56 F.3d 1465, 1467-1469 (DC Cir. 1995).

II. Summary and Explanation of the Proposed Rule

A. Section 1904.2--Partial Exemption for Establishments in Certain 
Industries

Background
    Although the OSH Act gives OSHA the authority to require all 
employers covered by the Act to keep records of employee injuries and 
illnesses, major classes of employers are partially exempted from Part 
1904. First, as provided in Section 1904.1, employers with 10 or fewer 
employees are partially exempt from keeping OSHA injury and illness 
records. Second, as provided in section 1904.2, establishments in 
certain lower-hazard industry classifications are also partially 
exempt.
    The partial exemption based on lower-hazard industry classification 
has been part of the OSHA recordkeeping regulations since 1982. OSHA 
exempted establishments in a number of service, finance, and retail 
industries from the duty to regularly maintain the OSHA Log and 
Incident Report (47 FR 57699). This industry exemption to recordkeeping 
requirements was intended to ``reduce paperwork burden on employers 
without compromising worker safety and health.'' See, 47 FR 57700.
    The 1982 list of partially exempt industries was established by 
identifying major industry groups with relatively low rates of 
occupational injuries and illnesses in the SIC codes encompassing 
retail trade, finance, insurance and real estate, and the service 
industries (SICs 52-89). Major industry groups were defined at the 2-
digit classification level from the SIC manual published by the U.S. 
Office of Management and Budget (OMB). Industries in these major 
industry groups were partially exempted from coverage by Part 1904 if 
their average lost workday injury (LWDI) rate for 1978-80 was at or 
below 75 percent of the overall private sector annual LWDI rate. 
Industries that involved more serious occupational hazards, comprising 
the industry divisions of agriculture, construction, manufacturing, 
utilities, mining, and wholesale trade, remained subject to the full 
recordkeeping requirements. Although the 1982 Federal Register notice 
discussed the possibility of revising the exempt industry list on a 
routine basis, the list remained unchanged until 2001.
    On January 19, 2001, OSHA published a final rule (66 FR 5916) which 
comprehensively revised the Part 1904 recordkeeping regulations. As 
part of this revision, OSHA updated the list of lower-hazard industries 
that are partially exempted from the recordkeeping requirements. The 
list of lower-hazard industries established in the 2001 final rule is 
the current list set forth in Appendix A to Subpart B.
    The 2001 final rule updated the 1982 list of industries by applying 
the same approach for identifying affected industries. Industries were 
selected for the list based on two criteria. First, only industries 
classified in SIC codes 52 through 89 were considered eligible for 
inclusion on the list. Second, industries were included if they had an 
average DART rate, based on the most recent three years of available 
data, at or below 75 percent of the most recent national rate. The 2001 
list differed from the 1982 list in two respects: (1) The injury/
illness rate data supporting the final rule's industry exemption were 
based on BLS statistics for 1996, 1997, and 1998, and (2) the 
industries were defined at the 3-digit rather than 2-digit SIC code 
level.
    The issue of converting from SIC to NAICS codes was addressed in 
the 2001 rulemaking (66 FR 5916). Although the NAICS had been formally 
adopted by 2001, several statistical agencies had not converted their 
systems to the new codes. In fact, BLS did not publish its first 
occupational injury and illness rates using the NAICS codes until 2004, 
when it published the rates for calendar year 2003. As a result, OSHA 
stated in the preamble to the 2001 final rule that it used the SIC 
system to determine the list of partially exempted industries. The 
agency also stated its intention to conduct a future rulemaking to 
update the list using NAICS codes. (66 FR 5944).
    Presently, NAICS is the standard system used by Federal statistical 
agencies in classifying business establishments for the purpose of 
collecting, analyzing, and publishing statistical data related to the 
U.S. economy. NAICS was developed under the auspices of OMB, and 
adopted in 1997 to replace the SIC system. It was developed jointly by 
the United States, Canada, and Mexico to allow for a high level of 
compatibility in business statistics among the North American 
countries.
    The official 2007 U.S. NAICS Manual includes definitions for each 
industry, background information, tables showing changes between 2002 
and 2007, and a comprehensive index. The official 2007 NAICS Manual is 
available in print and CD Rom from the National Technical Information 
Service (NTIS) at (800) 553-6847, or through the NTIS Web site at 
http://www.ntis.gov.
Description of Proposed Revisions
    OSHA proposes to update Appendix A to Subpart B in two ways. First, 
the list of partially exempted industries would be converted from one 
based on SIC codes to one based on NAICS codes. Second, the DART rates 
used to determine which NAICS code industries qualify for the lower-
hazard partial exemption would be based on more recent BLS data.
    Consistent with OSHA's longstanding policy, individual industry 
classifications in major industry sectors generally considered to 
involve greater occupational hazards, are not included on the proposed 
partially exempt list. As with the current regulation, industries 
ineligible for the partial exemption under the proposed rule include 
those in the agriculture, utilities, construction, manufacturing, and 
wholesale trade sectors.
    For industries in the remaining sectors, the most recent three 
years (2007, 2008 and 2009) of available BLS data were used to 
calculate the average rate of serious injuries and illnesses for each 
industry, as represented by the DART rate. Industries with an average 
DART rate equal to or less than 75 percent of the average national DART 
rate from 2007 through 2009 are included on the list of partially 
exempt lower-hazard industries in proposed Appendix A, with one 
exception.
    Under the existing regulation, establishments in Personnel Supply 
Services (SIC 736) are currently required to maintain injury and 
illness logs; this industry is not included in the existing Appendix A. 
For many employees working for establishments in this industry, their 
actual place of work may be in an establishment that is part of another 
industry. OSHA is proposing that establishments in the corresponding 
NAICS industry, NAICS 5613 Employment Services, continue to

[[Page 36417]]

be required to maintain logs for the employees under their supervision 
as they are currently required to do. Thus, NAICS 5613 Employment 
Services is not included in the proposed Appendix A.
    According to the data published by BLS, the average national 
private sector DART rate for 2007-2009 was 2.0. Thus, specific 
industries, as defined by 4-digit NAICS codes, which had an average 
DART rate for 2007-2009 of 1.5 or less, and which are in the eligible 
broad industry sectors, were included in the list in proposed Appendix 
A (except NAICS 5613 Employment Services).
    The industries included in proposed Appendix A were identified as 
follows.

----------------------------------------------------------------------------------------------------------------
             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.

[[Page 36418]]

 
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.
----------------------------------------------------------------------------------------------------------------

    For a more thorough discussion regarding the specific industries 
which would be newly exempted or newly covered by the proposed rule, 
please refer to Section III of this preamble.
    This rulemaking also fulfills a commitment made by OSHA to the 
Government Accountability Office (GAO). In October 2009, GAO published 
a report entitled: ``Enhancing OSHA's Records Audit Process Could 
Improve the Accuracy of Worker Injury and Illness Data'' (GAO-10-10). 
One of the recommendations made by GAO was to update the list of 
industries used by OSHA to select worksites for records audits. In its 
response to GAO, OSHA agreed to conduct a rulemaking that would update 
the coverage of the relevant recordkeeping requirements from the old 
SIC-based system to one based on the NAICS codes.
    In conjunction with any final rule resulting from this rulemaking 
that may result in some establishments being newly required to comply 
with OSHA recordkeeping requirements, OSHA will conduct outreach and 
training, and offer other types of compliance assistance, to facilitate 
compliance and help ensure more complete and accurate recording and 
reporting. OSHA welcomes suggestions from the public regarding the 
types of outreach, training, and assistance that would be particularly 
helpful.
Issues and Potential Alternatives
    OSHA welcomes comments and data from the public regarding any 
aspect of the proposed lower-hazard industry partial exemption. More 
specifically, the following questions and issues are relevant to this 
rulemaking:
    1. Should any additional industries be exempt from any of the 
recordkeeping requirements in Part 1904?
    2. Should OSHA base partial exemptions on more detailed or more 
aggregated industry classifications, such as two-digit, three-digit, or 
six-digit NAICS codes?
    3. Which industry sectors, if any, should be ineligible for partial 
exemption?
    4. Instead of using an average DART rate of 75 percent of the most 
recent national DART rate, is there a better way to determine which 
industries should be included in Appendix A?
    5. Should OSHA consider numbers of workers injured or made ill in 
each industry in addition to industry injury/illness rates in 
determining eligibility for partial exemption?
    6. Are there any other data that should be applied as additional or 
alternative criteria for purposes of determining eligibility for 
partial exemption?
    7. Should OSHA regularly update the list of lower-hazard exempted 
industries? If so, how frequently should the list be updated?
    8. Are there any specific types of training, education, and 
compliance assistance OSHA could provide that would be particularly 
helpful in facilitating compliance with the recordkeeping requirements?

B. Section 1904.39--Reporting Fatality, In-Patient Hospitalization, and 
Amputation Incidents to OSHA

Background
    Virtually since its inception, OSHA has required employers to 
report certain incidents involving employee fatality or 
hospitalization. The regulatory requirements adopted in 1971 in 29 CFR 
1904.8 required employers to report, within 48 hours after the 
occurrence, work-related incidents resulting in at least one fatality 
or the hospitalization of at least five employees.
    In 1994, the Agency revised its reporting requirements to require 
employers to report to OSHA, within eight hours, work-related events or 
exposures involving fatalities or the in-patient hospitalization of 
three or more employees (59 FR 15594). OSHA stated in the preamble to 
the final rule that more prompt reporting enables OSHA to inspect the 
site of the incident and interview personnel while their recollections 
are immediate, fresh and untainted by other events, thus providing more 
timely and accurate information about possible causes of the incident. 
See, 59 FR 15595. The requirements from the 1994 rulemaking have 
remained substantially unchanged since then, and are currently codified 
at 29 CFR 1904.39.
Description of Proposed Revisions
    The proposed rule would require employers to report to OSHA, within 
eight hours, work-related incidents that result in the death of an 
employee or in

[[Page 36419]]

the in-patient hospitalization of one or more employees, and within 24 
hours, a work-related amputation suffered by an employee. The proposed 
revision is intended to provide information necessary to help ensure 
America's workers have safe and healthful workplaces.
    Prompt investigation of incidents causing serious injury is a key 
element in OSHA's ability to enforce existing standards, evaluate the 
effectiveness of current standards, and identify a need for new 
standards. OSHA believes that the eight-hour requirement for work-
related fatalities, the eight-hour requirement for work-related in-
patient hospitalizations, and the 24-hour requirement for amputations 
will enable the additional potential benefits of reporting to be 
realized without creating unreasonable burdens on employers.
    Making all in-patient hospitalizations and amputations reportable 
will provide OSHA with additional information on the causes of 
workplace incidents and lead to greater prevention of injuries. The 
additional information would be obtained cost-effectively, involve 
relatively minimal burdens on employers, and would provide OSHA with 
critical information to facilitate the timely investigation of harmful 
incidents and quick mitigation of hazards. The information will also 
help OSHA target scarce resources to the most dangerous workplaces and 
to prevent future injuries at these workplaces.
    OSHA believes that the value of this additional information easily 
justifies the relatively minor additional reporting burden estimated to 
be an average of 15 minutes per reported incident. See Section III of 
this preamble for a more detailed discussion of the estimated 
compliance costs.
    The hospitalization of a worker due to a work-related incident is a 
serious and significant event. Requiring the reporting of every in-
patient hospitalization would ensure that OSHA will be informed about 
many more of these serious occurrences. Greater awareness regarding the 
extent and nature of such cases helps in the development and 
prioritization of various OSHA enforcement programs and initiatives. It 
also serves the public interest by enabling OSHA to more effectively 
and efficiently target occupational safety and health hazards.
    Another benefit associated with the expansion of the reporting 
requirements would be the increased value and utility of the resulting 
data. Incidents involving an in-patient hospitalization or an 
amputation often involve serious hazards. The proposed reporting 
requirements would help establish a comprehensive database that would 
more accurately reflect hazards that cause hospitalizations and 
amputations as well as identify the associated industries, processes, 
and other relevant factors. Such a database could prove especially 
useful for study and research into the causes and prevention of 
occupational hazards.
    For purposes of OSHA recordkeeping, in-patient hospitalization 
occurs when a person is ``formally admitted'' to a hospital or clinic 
for at least one overnight stay. Out-patient treatment generally refers 
to patients that are seen by a physician or other licensed health care 
professional and leave the hospital the same day. Of course, in order 
for in-patient hospitalization to be reportable, the injury or illness 
must be work-related as defined by Section 1904.5.
    The proposed reporting requirements would apply only to work-
related deaths, in-patient hospitalizations, and amputations occurring 
within 30 days of a work-related incident. As provided in proposed 
paragraph (b)(7) of section 1904.39, employers would generally not be 
required to report fatalities, hospitalizations, or amputations of 
which they were not aware.
    The proposed addition of amputations to the reporting requirements 
would ensure that these incidents involving serious injury are promptly 
reported. Amputations include some of the most serious types of 
injuries and tend to result in a greater number of lost workdays than 
most other injuries. According to data available from BLS for 2008, the 
median number of days away from work for all injuries involving days 
away from work was 8, while the median number of days away from work 
for amputations was 26. Furthermore, amputations differ from other 
types of serious injuries because they tend to have long-term or 
permanent consequences. Although information reported regarding 
amputations will not necessarily result in an inspection, OSHA can use 
this information to better target inspections to workplaces with 
serious hazards in order to prevent any further workplace injuries. 
Thus, the benefits associated with the reporting of amputations would 
be comparable to those associated with the reporting of 
hospitalizations.
    For purposes of classifying occupational injuries and illnesses, 
amputations are defined by the Bureau of Labor Statistics in their 
Occupational Injury and Illness Classification Manual. An amputation is 
the traumatic loss of a limb or other external body part, including a 
fingertip. In order for an injury to be classified as an amputation, 
bone must be lost. Amputations include loss of a body part due to a 
traumatic incident, a gunshot wound, and medical amputations due to 
irreparable traumatic injuries. Amputations exclude traumatic injuries 
without bone loss and exclude enucleation (eye removal). A reportable 
amputation under the proposed rule would include those that occur at 
the workplace as well as those that occur in a hospital as a result of 
a work-related event.
    The proposed reporting requirements would generally bring OSHA 
requirements more in line with those of other types of safety and 
health investigations. Federal regulations require aircraft pilots or 
operators to notify the National Transportation Safety Board (NTSB) of 
aviation accidents, certain incidents, and the occurrence of a variety 
of other conditions or events. The Federal Railroad Administration 
(FRA) requires railroads to report whenever they learn of the 
occurrence of anything on a list of types of accidents, incidents, 
events, or exposures.
    In some states that administer their own occupational safety and 
health regulations, elements similar to this proposed regulation are 
already being enforced. For example, California requires employers to 
report any employee death or serious injury or illness. The phrase 
``serious injury or illness'' includes the in-patient hospitalization 
of an employee, as well as when an employee suffers the loss of any 
part of the body. Alaska and Washington require notification when at 
least one employee is fatally injured or requires in-patient 
hospitalization. Utah requires notification of any disabling, serious, 
or significant injury, and of any occupational disease incident. In 
Kentucky, employers are required to report work-related incidents that 
result in the hospitalization of at least one employee, or in an 
amputation. In Oregon, incidents resulting in at least one employee 
needing overnight hospitalization for medical treatment are required to 
be reported.
Issues and Potential Alternatives
    OSHA requests comments on the potential benefits and burdens 
associated with the proposed revisions to the reporting requirements in 
Section 1904.39. As noted above, under current state regulations, many 
businesses are already required to make reports of work-related 
incidents resulting in death or serious injury, and many more are 
already required to report all work-related in-patient hospitalizations 
and amputations within eight hours.

[[Page 36420]]

    OSHA welcomes comments and data from the public regarding any 
aspect of the proposed reporting requirements. More specifically, the 
following questions and issues are relevant to this rulemaking:
    1. What types of incidents and/or injuries and illnesses should be 
reported to OSHA and why?
    2. Are there any injuries, illnesses, or conditions that should be 
reported to OSHA and are not included among in-patient 
hospitalizations?
    3. Should amputations that do not result in in-patient 
hospitalizations be reported to OSHA?
    4. Should OSHA require the reporting of all amputations?
    5. Should OSHA require the reporting of enucleations?
    6. Are there additional data or estimates available regarding the 
number of work-related incidents involving in-patient hospitalizations? 
Is there information available on how many work-related 
hospitalizations occur more than 30 days after the report of an injury 
or illness?
    7. Should OSHA allow reports to be made by means other than a 
telephone, such as by e-mail, fax, or a Web-based system?
    8. Are the reporting times of eight hours for fatalities, eight 
hours for in-patient hospitalizations, and 24 hours for amputations 
generally appropriate time periods for requiring reporting? What 
advantages or disadvantages would be associated with these or any 
alternative time periods?

III. Preliminary Economic Analysis and Regulatory Flexibility 
Certification

    This proposed rule is not a ``significant regulatory action'' 
within the context of Executive Order 12866 or the Unfunded Mandates 
Reform Act (UMRA) (2 U.S.C. 1532(a)), or a ``major rule'' under the 
Congressional Review Act (5 U.S.C. 801 et seq.). This rulemaking has 
net costs of $8.5 million and costs between $50 and $100 per affected 
establishment. Thus, this rulemaking imposes far less than $100 million 
in annual costs on the economy, and does not meet any of the other 
criteria specified for a significant regulatory action or major rule in 
Executive Order 12866, the UMRA or the Congressional Review Act.
    This Preliminary Economic Analysis (PEA) addresses the costs, 
benefits, and economic impacts of the proposed rule. The proposed rule 
and the PEA were developed in accordance with the principles of 
Executive Order 12866 and Executive Order 13563. The proposed rule 
would make two changes to the existing recording and reporting 
requirements in Part 1904. It would change which industries are 
partially exempted from keeping records and would change the 
requirements for reporting certain work-related injuries. The affected 
establishments are only partially exempt because BLS may require any 
establishment to respond to its survey. The costs to those firms 
required to respond to the BLS survey are covered in the BLS survey 
paperwork package.
    The existing regulation partially exempts all employers with 10 or 
fewer employees and all establishments in specific lower-hazard 
industry sectors from routinely keeping OSHA records. The existing 
industry partial exemptions were determined by identifying industries 
with relatively low DART rates at the 3-digit SIC code level. This 
proposed rule would retain the partial exemption for employers with 10 
or fewer employees. It also would update the list of partially exempted 
industries to reflect the latest data on DART rates and to convert the 
industry classifications to the NAICS classification system. These 
changes would lead to new costs for employers who are currently 
partially exempt from recordkeeping requirements but would be newly 
required to keep records; there would also be cost savings for 
employers who would no longer be required to keep records.
    The existing rule requires that all work-related fatalities and 
work-related incidents involving three or more hospitalizations be 
reported to OSHA within eight hours. The proposed rule would retain the 
requirement that all fatalities be reported to OSHA within eight hours 
and would require that all work-related in-patient hospitalizations be 
reported to OSHA within eight hours and that all work-related 
amputations be reported to OSHA within 24 hours. The proposed rule 
would thus increase the number of incidents that are to be reported to 
OSHA.
    The remaining sections of this PEA provide estimates of the 
establishments that would be newly required to keep records or would be 
newly partially exempt from keeping records, and estimates of the 
numbers of reports of in-patient hospitalizations or amputations that 
would be required (the industrial profile section); the costs and costs 
savings associated with the proposed requirements; the benefits of the 
proposed rule; and the economic and small business impacts of the 
proposed changes.

Industrial Profile

    The purpose of this industrial profile section is to provide 
information about which industries would be affected by the proposed 
rule, the number of affected establishments in each affected industry, 
employment in establishments affected by the proposed rule, and 
estimates of the numbers of in-patient hospitalizations and amputations 
that would be required to be reported by the proposed rule. (There is 
no need to estimate the number of fatalities to be reported as current 
regulations already require the reporting of fatalities.)

Partial Exemption

    In regards to the partial exemption for certain lower hazard 
industries, OSHA identified which establishments would be newly 
required to keep records, and which establishments would be newly 
partially exempt from keeping records. This identification was 
complicated by the fact that the current rule classifies employers by 
SIC codes, a classification system dating to the 1930s which is no 
longer used in government statistics. OSHA had to convert employers 
classified by SIC code to the newer NAICS codes. In many cases, a 
single SIC code was divided into several NAICS codes, and conversely, a 
single NAICS code might contain establishments from multiple SIC codes. 
This analysis was conducted at the six-digit NAICS level. The data 
resulting from this analysis at the six-digit NAICS level are presented 
in the Appendix to this Preliminary Economic Analysis.
    To identify those employers that would no longer be partially 
exempt from OSHA recordkeeping requirements under the proposed rule, 
OSHA examined the 1997 Economic Census: Bridge between SIC and NAICS 
Tables (http://www.census.gov/epcd/naics02/S87TON02.HTM). These tables 
show, for 1997, the best available data on what percentage of the 
establishments in each SIC code transferred into each NAICS code. 
Affected establishments in an SIC code exempted under the existing rule 
but classified in a non-exempted NAICS code under the proposed rule 
would be newly subject to the recordkeeping requirements. These 
establishments, not exempted under the proposed rule, would incur new 
recordkeeping costs.
    Having used the bridge table to identify the portions of the 
industries by 6-digit NAICS code that would be newly required to keep 
records, OSHA used 2006 County Business Patterns to determine the 
corresponding numbers of establishments and employees (http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls). This 
data source provides not only the total number of establishments and 
employees in an industry, but also a breakdown of employees and

[[Page 36421]]

establishments by the size of the firm that owns the establishment. 
These data permit a straightforward calculation of the number of 
establishments with 10 or more employees. However, both the current and 
proposed rules cover employers with 11 or more employees. To deduct 
those employers with exactly 10 employees, OSHA estimated that 
employers with exactly ten employees represent one tenth of all 
employers with between 10 and 19 employees. This approach will 
overestimate the number of covered firms because there tend to be a 
more than proportional number of firms at smaller size classes.
    OSHA then estimated the number of affected establishments and 
employees in each industry by multiplying the total number of 
establishments and employees in the industry by the percentage of 
affected establishments that were identified using the SIC--NAICS 
bridge tables as described above.
    OSHA then estimated the number of newly recordable injuries and 
illnesses by dividing the number of injuries and illness recorded per 
industry by BLS in 2006 (BLS http://www.bls.gov/iif/oshbulletin2006.htm) by the total employment in the industry, and 
multiplied the resulting rate by the number of affected employees in 
the industry as derived using the 1997 SIC-NAICS bridge tables. OSHA 
used BLS data at the four-digit NAICS level since more detailed injury 
and illness data were not available for all NAICS codes.
    Table III-1 presents data for the industries with establishments 
that would be newly required to keep records. The table shows the four-
digit NAICS code, industry name, the number of affected establishments, 
the number of affected employees, and an estimate of the number of 
recordable injuries and illnesses, based on historical data, for newly 
affected employers. OSHA estimates that as a result of the proposed 
rule's revision to partial exemptions, 199,000 establishments with 5.3 
million employees not previously required to record injuries would need 
to do so and that those establishments are would record an estimated 
173,000 injuries and illnesses per year.
    Having used the bridge table to identify the portions of the NAICS 
code industries that would be newly required to keep records, OSHA used 
the same methodology and data sources described above to determine the 
number of establishments, employees, and injuries and illnesses for 
establishments who would no longer be required to regularly keep 
records. Table III-2 shows the four-digit NAICS code, industry name, 
number of affected establishments, number of affected employees, and 
the estimated number of injuries and illnesses that would no longer be 
recorded in each affected industry. OSHA estimates that as a result of 
the revision to the list of partially exempt industries, 119,000 
establishments with 4.0 million employees and an estimated 76,000 
injuries and illnesses per year would no longer need to keep records 
regularly.

                            Table III-1-- Industries That Include Establishments That Would Be Newly Required to Keep Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                            Estimated
                 NAICS Code                          Title of NAICS Code              Affected          Affected       Affected firms     injuries and
                                                                                     employment      establishments                         illnesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
3118.......................................  Bakeries and Tortilla Manufacturing            42,294             1,932             1,766               571
4411.......................................  Automobile Dealers.................         1,204,566            23,351            19,156            48,989
4413.......................................  Automotive Parts, Accessories, and              5,207               426                84               204
                                              Tire Stores.
4441.......................................  Building Material and Supplies                260,363            21,310             4,215            18,577
                                              Dealers.
4452.......................................  Specialty Food Stores..............            88,133             7,339             3,044             2,759
4453.......................................  Beer, Wine, and Liquor Stores......            69,011             6,109             2,878             2,356
4539.......................................  Other Miscellaneous Store Retailers           160,152            11,505             4,301             4,611
4543.......................................  Direct Selling Establishments......             1,569                69                43                67
5313.......................................  Activities Related to Real Estate..           490,941            19,341             9,881            13,864
5322.......................................  Consumer Goods Rental..............           130,839            14,186             1,158             1,114
5324.......................................  Commercial and Industrial Machinery            13,963               807               295               676
                                              and Equipment Rental and Leasing.
5419.......................................  Other Professional, Scientific, and           249,160            10,889             3,770             1,853
                                              Technical Services.
5612.......................................  Facilities Support Services........           162,384             3,293               865             8,955
5617.......................................  Services to Buildings and Dwellings             2,140               104                50               134
5619.......................................  Other Support Services.............           308,984             6,238             4,152             8,150
6219.......................................  Other Ambulatory Health Care                  105,656             2,688               859             5,734
                                              Services.
6241.......................................  Individual and Family Services.....           995,856            30,230            15,915            20,988
6242.......................................  Community Food and Housing, and               138,272             7,369             4,258             3,536
                                              Emergency and Other Relief
                                              Services.
7111.......................................  Performing Arts Companies..........           116,043             1,994             1,864             4,483
7113.......................................  Promoters of Performing Arts,                  93,738             1,183               973             2,421
                                              Sports, and Similar Events.
7121.......................................  Museums, Historical Sites, and                 77,933             1,610             1,352             2,860
                                              Similar Institutions.
7139.......................................  Other Amusement and Recreation                 73,447             2,912             2,244             1,254
                                              Industries.
7223.......................................  Special Food Services..............           510,294            22,379             3,802            18,164
8129.......................................  Other Personal Services............            42,254             1,498             1,117               914
                                                                                 -----------------------------------------------------------------------
  Total....................................  ...................................         5,343,199           198,763            88,040           173,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
Source: 2006 County Business Patterns: http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.
Source: 2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating
  State agencies. http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.


[[Page 36422]]


                      Table III-2: Industries That Include Establishments That Would Be Newly Partially Exempt From Keeping Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                            Estimated
                 NAICS Code                          Title of NAICS Code              Affected          Affected       Affected firms     injuries  and
                                                                                     employment      establishments                         illnesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
4412.......................................  Other Motor Vehicle Dealers........            80,441             3,794             2,594             3,757
4431.......................................  Electronics and Appliance Stores...            66,902             3,699             1,702             1,538
4461.......................................  Health and Personal Care Stores....            15,620             1,440               425               244
4471.......................................  Gasoline Stations..................           128,972            12,220             2,575             3,634
4511.......................................  Sporting Goods, Hobby, and Musical              1,271                65                16                37
                                              Instrument Stores.
4532.......................................  Office Supplies, Stationery, and               98,855             4,626               873             2,160
                                              Gift Stores.
4812.......................................  Nonscheduled Air Transportation....            37,807               763               580               855
4861.......................................  Pipeline Transportation of Crude                7,472               352                35               175
                                              Oil.
4862.......................................  Pipeline Transportation of Natural             22,080             1,303                68               510
                                              Gas.
4869.......................................  Other Pipeline Transportation......             9,348               881                51               219
4879.......................................  Scenic and Sightseeing                          2,155                45                39                80
                                              Transportation, Other.
4885.......................................  Freight Transportation Arrangement.           166,549             7,126             2,709             3,045
5111.......................................  Newspaper, Periodical, Book, and              654,211            10,912             4,896            16,037
                                              Directory Publishers.
5122.......................................  Sound Recording Industries.........            14,059               426               197               206
5151.......................................  Radio and Television Broadcasting..           251,523             7,186             2,084             4,931
5172.......................................  Wireless Telecommunications                   236,243            10,087               530             2,274
                                              Carriers (except Satellite).
5173.......................................  Telecommunications Resellers.......            27,652               800               533               499
5179.......................................  Other Telecommunications...........             9,365               204               104               191
5181.......................................  Internet Service Providers and Web             20,957               210               157               174
                                              Search Portals.
5191.......................................  Other Information Services.........            10,406               211                96               164
5221.......................................  Depository Credit Intermediation...            81,130             5,063               356               640
5239.......................................  Other Financial Investment                      8,158               115                77                19
                                              Activities.
5241.......................................  Insurance Carriers.................             8,946               251                55                63
5259.......................................  Other Investment Pools and Funds...            20,268               924               226               129
5413.......................................  Architectural, Engineering, and                31,953             1,144             1,008               508
                                              Related Services.
5416.......................................  Management, Scientific, and                    80,566             1,651               927               440
                                              Technical Consulting Services.
5418.......................................  Advertising and Related Services...            48,061             1,096               764               691
5511.......................................  Management of Companies and                 1,015,532            14,229             6,983            20,526
                                              Enterprises.
5614.......................................  Business Support Services..........           166,454             2,937             2,172             1,868
5615.......................................  Travel Arrangement and Reservation            167,398             7,106             2,054             1,385
                                              Services.
5616.......................................  Investigation and Security Services             6,361               386               332               148
6116.......................................  Other Schools and Instruction......            49,500             2,142             1,961               372
7213.......................................  Rooming and Boarding Houses........             6,313               350               280                60
8112.......................................  Electronic and Precision Equipment             61,789             2,047             1,182             1,179
                                              Repair and Maintenance.
8114.......................................  Personal and Household Goods Repair            42,582             2,131             1,146             1,163
                                              and Maintenance.
8122.......................................  Death Care Services................            24,515             1,730               551               606
8134.......................................  Civic and Social Organizations.....           131,301             4,233             3,141             2,473
8139.......................................  Business, Professional, Labor,                148,056             5,490             4,648             2,788
                                              Political, and Similar
                                              Organizations.
                                                                                 -----------------------------------------------------------------------
  Total....................................  ...................................         3,960,772           119,374            48,123            75,787
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
Source: 2006 County Business Patterns: http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.
Source: 2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating
  State agencies. http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.

Reporting of Fatalities, In-Patient Hospitalizations and Amputations

    The proposed rule would require employers to report all work-
related in-patient hospitalizations and amputations to OSHA. This 
requirement would affect all industries, all employers, and all 7.5 
million establishments in OSHA's jurisdiction. Because OSHA already 
requires the reporting of work-related fatalities, this economic 
analysis focuses on the proposed new requirement for reporting all 
work-related in-patient hospitalization and amputations. The current 
regulation also requires the reporting of hospitalizations of three or 
more workers. The number of such multiple hospitalizations represents a 
trivial portion of all in-patient hospitalizations (For example, in 
Fiscal Year 2010, there were a total of 14 such reports. http://
www.osha.gov/dep/fatcat/fatcat--regional--rpt--

[[Page 36423]]

09252010.html ). OSHA therefore proceeded to estimate the total number 
of work-related in-patient hospitalizations without deducting the 
number of multiple hospitalizations that already must be reported.
    It is difficult to estimate the number of in-patient 
hospitalizations that would need to be reported under the proposed 
rule. NIOSH has estimated that in 2004, a total of 68,000 work-related 
Emergency Department visits resulted in hospitalization (MMWR Weekly, 
April 27 2007 (56(16):393-397--``Nonfatal Occupational Injuries and 
Illnesses--United States, 2004'' http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5616a3.htm (Note: no author given). By contrast, Dembe et al 
(Dembe AE, Mastroberti MA, Fox SE, Bigelow C, Banks SM. Inpatient 
hospital care for work-related injuries and illnesses. Am J Ind Med. 
2003 Oct; 44(4):331-42.) estimate that from 1997 to 1999 there were 
210,000 in-patient hospital admissions per year paid for by workers' 
compensation insurance. More recent studies in Massachusetts (1996-
2001) and Louisiana (1998-2007) come up with figures ranging from 
150,000 to 275,000 per year when extrapolated to the nation as a whole.
    One possible reconciliation for these different estimates of work-
related hospitalizations is that many workers' compensation-related 
hospitalizations are not emergencies but are scheduled or planned 
hospitalizations. This possibility is supported by the fact that 
musculoskeletal disorders represent only 10 percent of work-related 
emergency room hospitalizations in the NIOSH emergency department data, 
but 34 to 45 percent of hospitalizations that are paid for by workers' 
compensation insurance according to the workers' compensation related 
studies. If many of these hospitalizations are scheduled 
hospitalizations, they may not need to be reported as Section 1904.39 
does not require reporting of fatalities, hospitalizations or 
amputations that occur more than 30 days after an incident has 
occurred. However, the rule would require the reporting of in-patient 
hospitalizations occurring within 30 days of the original event. 
Nevertheless, OSHA will use 210,000 hospitalizations per year as a 
preliminary estimate for purposes of examining the costs of this rule. 
OSHA solicits comment on the best ways to determine how many in-patient 
hospitalizations will fall within the scope of the proposed rule.
    According to BLS, in 2008 there were 6,230 amputations that 
involved days away from work (http://www.bls.gov/iif/oshwc/osh/case/osnr0033.pdf). The more serious amputation cases will clearly require 
in-patient hospitalization. Because amputations frequently require 
hospitalization and because OSHA believes that the estimated 210,000 
in-patient hospitalization reports are an overestimate of the reports 
that would be required by the proposed rule, OSHA believes its estimate 
of 210,000 reports is adequate to account for reports of both in-
patient hospitalizations and amputations. OSHA solicits comment on this 
estimate and on potential ways to improve its accuracy.

Costs

    This section presents estimates of the costs and cost savings of 
the proposed rule. The time requirements for the activities associated 
with the proposed rule have been developed through previous rulemakings 
and information collection requests that have been subject to extensive 
notice and comment. For the purposes of the analysis of the costs of 
this proposed rule, OSHA relied on past estimates of the time 
requirements for record keeping activities. (The specific past estimate 
relied on is cited for each time requirement estimate.)
    The time requirements for various activities are estimated as 
follows:
    Initial training of recordkeepers: one hour per establishment, 
applies only to currently exempt establishments that would be newly 
required to keep records (based on the Final Economic Analysis for the 
Occupational Injury and Illness Recording and Reporting Requirements, 
published January 19, 2001, FR 66:5916-6135).
    Training of recordkeepers to account for turnover: one hour per 
establishment and a turnover rate of 20 percent a year resulting in an 
average of 0.2 hours per establishment per year. This applies to costs 
for currently exempt establishments that would be newly required to 
keep records and to cost savings for establishments that would no 
longer be required to keep records (based on the Final Economic 
Analysis for the Occupational Injury and Illness Recording and 
Reporting Requirements, published January 19, 2001, FR 66:5916-6135).
    Completing, posting, and certifying OSHA Form 300A: 0.97 hours per 
establishment. This applies to costs for currently exempt 
establishments that would be newly required to keep records and to cost 
savings for establishments that would no longer be required to keep 
records (2008 ICR, SS 1218-0176 (1-17-08)).
    Completing entries on all forms for each recordable injury and 
illness, accounting for privacy concerns, and providing access to 
records: 0.38 hours per recordable injury or illness. This applies to 
costs for currently exempt establishments that would be newly required 
to keep records and to cost savings for establishments that would no 
longer be required to keep records (2008 ICR, SS 1218-0176 (1-17-08).
    Reporting in-patient hospitalizations or amputations: 0.25 hours 
per fatality or hospitalization. (2008 ICR, SS 1218-0176 (1-17-08)).
    As in OSHA's PEA for the MSD column proposed rule (Federal 
Register: March 9, 2010 Volume 75, Number 45, pages 10738-10739), OSHA 
estimated that recordkeeping tasks will most commonly be performed by a 
Human Resource, Training, and Labor Relations Specialist, not elsewhere 
classified (Human Resources Specialist). The BLS Occupational 
Employment Survey (OES) indicated that in May 2008, Human Resources 
Specialists earned a mean hourly wage of $28 (BLS OES, 2009), with an 
annual salary of approximately $56,000 per year. In June 2009, the BLS 
National Compensation Survey indicated a mean fringe benefit factor of 
1.43 for civilian workers in general. This brings the total hourly 
compensation (including wages and benefits) to $40.04 for Human 
Resources Specialists. OSHA recognizes that there is significant 
diversity among firms in who is charged with OSHA recordkeeping 
responsibilities. Smaller firms may have a bookkeeper perform this 
function while larger firms may use an occupational safety and health 
specialist. However, OSHA believes that the hourly cost of $40.04 is a 
reasonable estimate of the costs for the typical recordkeeper. OSHA 
welcomes comments on the issue of hourly compensation costs for typical 
recordkeepers.
    Given the unit time requirements, hourly wages, the numbers of 
establishments and the injury and illness totals presented in Table 
III-1, Table III-3 shows OSHA's estimates of the costs of the proposed 
rule for those currently partially exempt employers who would need to 
keep records as a result of the proposed rule. The expected annualized 
cost of the rule to those employers is $13.1 million per year with the 
most expensive element being the completion, certification, and posting 
of the Form 300A with costs of $7.7 million per year. The highest cost 
single industry is new automobile dealers.
    Given the unit time requirements, hourly wages, the number of 
establishments and the injury and illness totals presented in Table 
III-2,

[[Page 36424]]

Table III-4 shows OSHA's estimates of the cost savings of the proposed 
rule for those employers who would no longer need to keep records as a 
result of the proposed rule. OSHA estimates that the total cost savings 
for these employers would be $6.7 million per year.

                  Table III-3--Annualized Costs to Industries That Include Establishments That Would Be Newly Required To Keep Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           Complete log
                                                                                  Relearning                               entries, mark  Total costs to
                                            NAICS Industry       Learning new    recordkeeping    Complete, certify and   privacy issues    industries
              NAICS Code                     description         recordkeeping   system due to     post OSHA Form 300A      and provide   newly required
                                                                    system         turnover                                  employees        to keep
                                                                                                                              access          records
--------------------------------------------------------------------------------------------------------------------------------------------------------
3118.................................    Bakeries and Tortilla         $11,014         $15,471  $75,037.................          $8,683        $110,205
                                                 Manufacturing
4411.................................       Automobile Dealers         133,116         186,991   906,905................         745,372       1,972,385
4413.................................        Automotive Parts,           2,430           3,413   16,553.................           3,108          25,503
                                         Accessories, and Tire
                                                        Stores
4441.................................    Building Material and         121,482         170,648   827,643................         282,648       1,402,421
                                              Supplies Dealers
4452.................................    Specialty Food Stores          41,837          58,769   285,031................          41,981         427,618
4453.................................   Beer, Wine, and Liquor          34,824          48,918   237,251................          35,842         356,834
                                                        Stores
4539.................................      Other Miscellaneous          65,588          92,133   446,844................          70,153         674,719
                                               Store Retailers
4543.................................           Direct Selling             394             554   2,686..................           1,016           4,650
                                                Establishments
5313.................................    Activities Related to         110,259         154,883   751,181................         210,948       1,227,271
                                                   Real Estate
5322.................................    Consumer Goods Rental          80,874         113,604   550,982................          16,955         762,414
5324.................................           Commercial and           4,601           6,463   31,344.................          10,283          52,690
                                          Industrial Machinery
                                          and Equipment Rental
                                                   and Leasing
5419.................................      Other Professional,          62,076          87,200   422,919................          28,193         600,388
                                               Scientific, and
                                            Technical Services
5612.................................       Facilities Support          18,773          26,371   127,900................         136,245         309,289
                                                      Services
5617.................................    Services to Buildings             595             836   4,053..................           2,032           7,516
                                                 and Dwellings
5619.................................   Other Support Services          35,561          49,953   242,274................         124,010         451,798
6219.................................  Other Ambulatory Health          15,321          21,522   104,383................          87,247         228,474
                                                 Care Services
6241.................................    Individual and Family         172,337         242,084   1,174,109..............         319,340       1,907,869
                                                      Services
6242.................................       Community Food and          42,010          59,013   286,211................          53,803         441,037
                                        Housing, and Emergency
                                              and Other Relief
                                                      Services
7111.................................          Performing Arts          11,367          15,967   77,441.................          68,206         172,981
                                                     Companies
7113.................................  Promoters of Performing           6,744           9,474   45,947.................          36,840          99,005
                                             Arts, Sports, and
                                                Similar Events
7121.................................      Museums, Historical           9,181          12,896   62,546.................          43,514         128,137
                                            Sites, and Similar
                                                  Institutions
7139.................................      Other Amusement and          16,602          23,322   113,110................          19,087         172,121
                                         Recreation Industries
7223.................................    Special Food Services         127,578         179,211   869,174................         276,368       1,452,331
8129.................................  Other Personal Services           8,540          11,996   58,182.................          13,905          92,623
                                      ------------------------------------------------------------------------------------------------------------------
    Totals...........................  .......................       1,133,105       1,591,692  7,719,704...............       2,635,779     13,080,280
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.


[[Page 36425]]


        Table III-4--Cost Savings to Industries That Include Establishments That Would Be Newly Partially Exempt from Recordkeeping Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Complete log
                                                                                     Relearning         Complete,       entries, mark    Cost savings to
                 NAICS code                       NAICS Industry description        recordkeeping   certify and post   privacy issues   industries newly
                                                                                    system due to    OSHA Form 300A      and provide      exempted from
                                                                                      turnover                        employees access   keeping records
--------------------------------------------------------------------------------------------------------------------------------------------------------
4412.......................................  Other Motor Vehicle Dealers........           $30,380          $147,342           $57,160          $234,882
4431.......................................  Electronics and Appliance Stores...            29,625           143,679            23,399           196,703
4461.......................................  Health and Personal Care Stores....            11,533            55,936             3,719            71,188
4471.......................................  Gasoline Stations..................            97,861           474,627            55,292           627,780
4511.......................................  Sporting Goods, Hobby, and Musical                524             2,543               565             3,632
                                              Instrument Stores.
4532.......................................  Office Supplies, Stationery, and               37,046           179,672            32,867           249,585
                                              Gift Stores.
4812.......................................  Nonscheduled Air Transportation....             6,111            29,638            13,015            48,763
4861.......................................  Pipeline Transportation of Crude                2,817            13,663             2,658            19,138
                                              Oil.
4862.......................................  Pipeline Transportation of Natural             10,437            50,619             7,753            68,808
                                              Gas.
4869.......................................  Other Pipeline Transportation......             7,053            34,209             3,325            44,588
4879.......................................  Scenic and Sightseeing                            356             1,728             1,214             3,299
                                              Transportation, Other.
4885.......................................  Freight Transportation Arrangement.            57,062           276,750            46,329           380,141
5111.......................................  Newspaper, Periodical, Book, and               87,381           423,797           244,001           755,178
                                              Directory Publishers.
5122.......................................  Sound Recording Industries.........             3,415            16,561             3,127            23,102
5151.......................................  Radio and Television Broadcasting..            57,541           279,076            75,027           411,645
5172.......................................  Wireless Telecommunications                    80,775           391,759            34,597           507,132
                                              Carriers (except Satellite).
5173.......................................  Telecommunications Resellers.......             6,406            31,067             7,590            45,062
5179.......................................  Other Telecommunications...........             1,631             7,911             2,912            12,455
5181.......................................  Internet Service Providers and Web              1,679             8,144             2,653            12,477
                                              Search Portals.
5191.......................................  Other Information Services.........             1,690             8,195             2,493            12,378
5221.......................................  Depository Credit Intermediation...            40,543           196,635             9,740           246,919
5239.......................................  Other Financial Investment                        923             4,478               283             5,684
                                              Activities.
5241.......................................  Insurance Carriers.................             2,012             9,759               959            12,729
5259.......................................  Other Investment Pools and Funds...             7,403            35,903             4,004            47,309
5413.......................................  Architectural, Engineering, and                 9,162            44,437            19,849            73,448
                                              Related Services.
5416.......................................  Management, Scientific, and                    13,221            64,121             4,190            81,532
                                              Technical Consulting Services.
5418.......................................  Advertising and Related Services...             8,777            42,569           222,299           273,646
5511.......................................  Management of Companies and                   113,948           552,648            10,059           676,655
                                              Enterprises.
5614.......................................  Business Support Services..........            23,517           114,058            38,913           176,488
5615.......................................  Travel Arrangement and Reservation             56,903           275,981             7,722           340,606
                                              Services.
5616.......................................  Investigation and Security Services             3,087            14,972            17,515            35,575
6116.......................................  Other Schools and Instruction......            17,152            83,185               722           101,059
7213.......................................  Rooming and Boarding Houses........             2,802            13,590             1,707            18,099
8112.......................................  Electronic and Precision Equipment             16,391            79,495            15,150           111,035
                                              Repair and Maintenance.
8114.......................................  Personal and Household Goods Repair            17,062            82,751            26,979           126,792
                                              and Maintenance.
8122.......................................  Death Care Services................            13,856            67,199            49,346           130,401
8134.......................................  Civic and Social Organizations.....            33,901           164,421            39,480           237,802
8139.......................................  Business, Professional, Labor,                 43,966           213,233             2,943           260,141
                                              Political, and Similar
                                              Organizations.
                                                                                 -----------------------------------------------------------------------
    Totals.................................  ...................................           955,949         4,636,351         1,091,556         6,683,856
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Source: OSHA, Office of Regulatory Analysis.

    To estimate the costs of reporting in-patient hospitalizations and 
amputations, OSHA multiplied the estimated 210,000 cases per year by 
0.25 hours per report and by the $40.04 per hour compensation costs of 
a recordkeeper. OSHA estimates that a recordkeeper or someone with 
equivalent salary would make this report. OSHA welcomes comment on 
whether such a report would typically be made by someone other than the 
person who normally keeps records and what the salary or job title of 
such a person might be. The resulting estimate of the annual cost of 
this provision is $2.1 million per year.
    Table III-5 shows the total net costs of the proposed rule 
considering all three elements: Costs to currently exempt employers who 
would be newly required to keep records, cost savings to employers who 
would no longer be required to keep records, and reporting of all work-
related in-patient hospitalizations and amputations. OSHA estimates 
that the total net costs of this proposed rule would be $8.5 million 
per year.

        Table III-5--Summary of Annualized Costs and Cost Savings
------------------------------------------------------------------------
               Cost or cost savings element                     Value
------------------------------------------------------------------------
Costs to Employers Newly Required to Keep Records.........   $13,080,280

[[Page 36426]]

 
Cost Savings to Employers Newly Exempt From Keeping            6,683,856
 Records..................................................
Costs of Additional Reporting of Hospitalizations and          2,102,200
 Amputations..............................................
                                                           -------------
    Net Costs.............................................     8,498,624
------------------------------------------------------------------------

Benefits

    OSHA anticipates that this proposed rule will have several 
benefits. First, the proposed rule will redirect recordkeeping efforts 
toward industries with higher DART rates, making the system more 
effective and efficient. While 119,000 establishments would no longer 
need to keep records, these establishments have an average injury and 
illness rate of 1.9 percent. On the other hand, the revision to the 
regulation adds 199,000 establishments with an average injury and 
illness rate of 3.2 percent. Thus, on average, establishments with 
higher injury and illness rates will keep and post records. As a 
result, the employer, the employees, and OSHA will have a better idea 
of the nature of the serious injuries and illnesses occurring in 
establishments with relatively high injury and illness rates.
    The proposed requirements to report all work-related in-patient 
hospitalizations within eight hours and all work-related amputations 
within 24 hours ensure that OSHA will be able to better utilize 
enforcement resources by targeting resources to establishments with the 
most serious hazards.
    The hospitalization of a worker or an amputation due to a work-
related incident is a serious and significant event. Requiring the 
reporting of these events would ensure that OSHA will be informed about 
many more of these serious occurrences than it is now. Greater 
awareness regarding the extent and nature of such cases helps in the 
development and prioritization of various OSHA enforcement programs and 
initiatives. It also serves the public interest by enabling OSHA to 
more effectively and efficiently target occupational safety and health 
hazards.
    If such improvements in information and enforcement save even one 
life every three to four years as a result of this proposed rule, they 
will more than pay for the costs associated with such notifications.

Economic Impacts

    In this section, OSHA will first consider the economic impact on 
those firms newly required to keep records, and then turn to the 
economic impacts of requirements to report in-patient hospitalizations 
and amputations. No economic impacts are examined for those firms that 
are no longer required to keep records.

Partial Exemption

    OSHA compared the baseline financial data with the total annualized 
incremental costs of compliance by computing compliance costs per 
establishment. Table III-6 shows that the costs per establishment range 
from just above $50 per establishment to a maximum of less than $100 
per establishment. OSHA believes that costs of this magnitude cannot 
possibly affect the viability of a firm, and are thus economically 
feasible.

  Table III-6--Economic Impacts of Industries That Include Establishments That Would Be Newly Required To Keep
                                                     Records
----------------------------------------------------------------------------------------------------------------
                                                                                                    Cost per
                NAICS Code                     NAICS Industry description         Affected          affected
                                                                               establishments     establishment
----------------------------------------------------------------------------------------------------------------
3118.....................................  Bakeries and Tortilla                         1,932               $57
                                            Manufacturing.
4411.....................................  Automobile Dealers...............            23,351                84
4413.....................................  Automotive Parts, Accessories,                  426                60
                                            and Tire Stores.
4441.....................................  Building Material and Supplies               21,310                66
                                            Dealers.
4452.....................................  Specialty Food Stores............             7,339                58
4453.....................................  Beer, Wine, and Liquor Stores....             6,109                58
4539.....................................  Other Miscellaneous Store                    11,505                59
                                            Retailers.
4543.....................................  Direct Selling Establishments....                69                67
5313.....................................  Activities Related to Real Estate            19,341                63
5322.....................................  Consumer Goods Rental............            14,186                54
5324.....................................  Commercial and Industrial                       807                65
                                            Machinery and Equipment Rental
                                            and Leasing.
5419.....................................  Other Professional, Scientific,              10,889                55
                                            and Technical Services.
5612.....................................  Facilities Support Services......             3,293                94
5617.....................................  Services to Buildings and                       104                72
                                            Dwellings.
5619.....................................  Other Support Services...........             6,238                72
6219.....................................  Other Ambulatory Health Care                  2,688                85
                                            Services.
6241.....................................  Individual and Family Services...            30,230                63
6242.....................................  Community Food and Housing, and               7,369                60
                                            Emergency and Other Relief
                                            Services.
7111.....................................  Performing Arts Companies........             1,994                87
7113.....................................  Promoters of Performing Arts,                 1,183                84
                                            Sports, and Similar Events.
7121.....................................  Museums, Historical Sites, and                1,610                80
                                            Similar Institutions.
7139.....................................  Other Amusement and Recreation                2,912                59
                                            Industries.
7223.....................................  Special Food Services............            22,379                65
8129.....................................  Other Personal Services..........             1,498                62
                                                                             -----------------------------------
  Totals.................................  .................................           198,763                82
 
----------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.


[[Page 36427]]

Reporting of Fatalities, Hospitalizations, and Amputations

    Given OSHA's estimates of total costs of approximately $2 million 
per year across all 7.5 million business establishments in OSHA's 
jurisdiction, the average cost per establishment of this provision is 
$0.27 per establishment per year. In a typical year, most 
establishments will not report a single work-related hospitalization. 
Even for those that do, the cost will be approximately $10 per 
hospitalization or amputation that has to be reported. Costs of this 
magnitude will not affect the viability of any firm.

Regulatory Flexibility Certification

    OSHA would continue to partially exempt employers with fewer than 
11 employees from its recordkeeping regulations under this proposed 
rule. Such very small firms are affected by the revisions to this rule 
only insofar as they may have to report a fatality, in-patient 
hospitalization or amputation. This will be extremely rare for most 
small firms. Even when this occurs, OSHA has estimated the costs as 
approximately $10 per report, a sum that will not cause problems for 
even the smallest firms.
    Most of the employers affected by the change in the partial 
exemption to the recordkeeping rule are small firms. Even when one 
considers the mix of small and large firms covered by the rule, the 
average costs per establishment are well under $100 per year per 
establishment. OSHA believes that costs of less than $100 per 
establishment do not represent a significant economic impact on small 
firms with 11 employees or more.
    As a result of these considerations, in accordance with the RFA, 
OSHA certifies that the proposed rule would not have a significant 
economic impact on a substantial number of small entities.

Section III Appendix: PEA Data at the Six Digit NAICS Level

    This appendix provides supporting material developed in support of 
this rule at the six-digit NAICS level.
    Table III-1A presents data on industries with establishments that 
would be newly required to keep records. The table shows the six-digit 
NAICS code, industry name, the number of affected employees, and an 
estimate of the number of recordable injuries and illnesses, based on 
historical data, for newly affected employers.
    Table III-2A presents data on industries with establishments that 
would be newly partially exempt from recordkeeping. The table shows the 
six-digit NAICS code, industry name, number of affected establishments 
per industry, number of employees, and the estimated number of injuries 
and illnesses that would no longer be recorded in each affected 
industry.
    Table III-3A shows OSHA's estimates of the costs of the proposed 
rule, at the six-digit NAICS level, for currently partially exempt 
employers who would need to keep records as a result of the proposed 
rule.
    Table III-4A shows OSHA's estimates of the cost savings of the 
proposed rule, at the six-digit NAICS level, for those employers who 
would no longer need to keep records as a result of the proposed rule.
    Table III-6A shows the costs per establishment at the six-digit 
NAICS level.

        Table III-1A--Industries That Include Establishments That Would Be Newly Required To Keep Records
----------------------------------------------------------------------------------------------------------------
                                                                                                       Estimated
                                Title of NAICS       Affected          Affected                         injuries
          NAICS code                 code           employment      establishments    Affected firms      and
                                                                                                       illnesses
----------------------------------------------------------------------------------------------------------------
311811.......................   Retail Bakeries            42,294             1,932             1,766    571
441110.......................   New Car Dealers         1,136,905            19,971            16,525  47,972
441120.......................  Used Car Dealers            67,661             3,379             2,631  1,016
441310.......................  Automotive Parts             5,207               426                84    204
                                and Accessories
                                         Stores
444130.......................   Hardware Stores           260,363            21,310             4,215  18,577
445210.......................      Meat Markets            20,194             1,250               833    451
445220.......................  Fish and Seafood               908                44                40     20
                                        Markets
445291.......................       Baked Goods            22,149             2,133               678    756
                                         Stores
445292.......................     Confectionery            14,587             1,576               332    498
                                 and Nut Stores
445299.......................         All Other            30,294             2,336             1,161  1,034
                                 Specialty Food
                                         Stores
445310.......................   Beer, Wine, and            69,011             6,109             2,878  2,356
                                  Liquor Stores
453910.......................       Pet and Pet            76,608             3,691             1,150  2,309
                                Supplies Stores
453920.......................       Art Dealers             8,370               622               397     36
453991.......................    Tobacco Stores            15,975             1,841               610    481
453998.......................         All Other            59,200             5,351             2,144  1,784
                                  Miscellaneous
                                Store Retailers
                                (except Tobacco
                                        Stores)
454390.......................      Other Direct             1,569                69                43     67
                                        Selling
                                 Establishments
531311.......................       Residential           312,261            11,737             5,378  8,942
                                       Property
                                       Managers
531312.......................    Nonresidential           114,972             4,724             2,517  3,292
                                       Property
                                       Managers
531320.......................   Offices of Real            14,273               835               639    365
                                         Estate
                                     Appraisers
531390.......................  Other Activities            49,435             2,045             1,346  1,264
                                Related to Real
                                         Estate
532220.......................   Formal Wear and             9,339             1,243               184    267
                                 Costume Rental
532230.......................    Video Tape and           121,174            12,922               967    837
                                    Disc Rental
532299.......................         All Other               326                21                 8     11
                                 Consumer Goods
                                         Rental
532420.......................  Office Machinery             5,642               343               156    273
                                  and Equipment
                                     Rental and
                                        Leasing
532490.......................  Other Commercial             8,321               464               139    403
                                 and Industrial
                                  Machinery and
                               Equipment Rental
                                    and Leasing
541910.......................         Marketing           117,181             2,061             1,197    215
                                   Research and
                                 Public Opinion
                                        Polling
541921.......................       Photography            51,450             6,020               642    664
                                       Studios,
                                       Portrait
541922.......................        Commercial             6,225               298               239     80
                                    Photography
541930.......................   Translation and             8,935               240               193    317
                                 Interpretation
                                       Services
541990.......................         All Other            65,370             2,271             1,499    576
                                  Professional,
                                Scientific, and
                                      Technical
                                       Services
561210.......................        Facilities           162,384             3,293               865  8,955
                               Support Services
561790.......................    Other Services             2,140               104                50    134
                               to Buildings and
                                      Dwellings

[[Page 36428]]

 
561910.......................     Packaging and            54,249               805               694  1,431
                                       Labeling
                                       Services
561920.......................    Convention and            77,944             1,090               834  2,056
                                     Trade Show
                                     Organizers
561990.......................         All Other           176,791             4,343             2,624  4,663
                               Support Services
621991.......................   Blood and Organ            61,113             1,082               222  3,317
                                          Banks
621999.......................         All Other            44,543             1,606               638  2,417
                                  Miscellaneous
                                     Ambulatory
                                    Health Care
                                       Services
624110.......................   Child and Youth           146,467             5,443             2,951  3,024
                                       Services
624120.......................  Services for the           479,601            10,944             6,653  16,239
                                    Elderly and
                                   Persons with
                                   Disabilities
624190.......................  Other Individual           369,788            13,844             6,312  1,725
                                     and Family
                                       Services
624210.......................    Community Food            26,674             2,208               848    713
                                       Services
624221.......................         Temporary            60,422             2,636             1,880  1,565
                                       Shelters
624229.......................   Other Community            31,478             1,649             1,090    815
                               Housing Services
624230.......................     Emergency and            19,698               876               439    443
                                   Other Relief
                                       Services
711110.......................           Theater            67,614             1,114             1,013  2,612
                                  Companies and
                                Dinner Theaters
711120.......................   Dance Companies             8,038               167               165    311
711130.......................    Musical Groups            34,372               615               604  1,328
                                    and Artists
711190.......................  Other Performing             6,019                99                83    232
                                 Arts Companies
711310.......................      Promoters of            76,435               727               579  1,974
                               Performing Arts,
                                    Sports, and
                                 Similar Events
                                with Facilities
711320.......................      Promoters of            17,303               456               394    447
                               Performing Arts,
                                    Sports, and
                                 Similar Events
                                        without
                                     Facilities
712110.......................           Museums            70,539             1,377             1,184  2,589
712120.......................  Historical Sites             7,394               234               167    271
713950.......................   Bowling Centers            73,206             2,721             2,052  1,251
713990.......................         All Other               241               192               191      4
                                  Amusement and
                                     Recreation
                                     Industries
722310.......................      Food Service           403,073            19,247               853  14,347
                                    Contractors
722320.......................          Caterers           107,221             3,132             2,949  3,817
812921.......................    Photofinishing            16,977               429               324    560
                                   Laboratories
                                   (except One-
                                          Hour)
812922.......................          One-Hour             1,457               172                82     48
                                 Photofinishing
812990.......................         All Other            23,820               897               712    306
                                       Personal
                                       Services
                                                ----------------------------------------------------------------
    Total....................  ................         5,343,199           198,763            88,040  173,233
----------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
Source: 2006 County Business Patterns: http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.
Source: 2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and
  Illnesses, in cooperation with participating State agencies. http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.


                        III-2A--Industries That Include Establishments That Would Be Newly Partially Exempt From Keeping Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                            Estimated
                 NAICS Code                          Title of NAICS Code              Affected          Affected       Affected firms     injuries and
                                                                                     employment      establishments                         illnesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
441210.....................................  Recreational Vehicle Dealers.......            36,713             1,287               996             1,722
441221.....................................  Motorcycle Dealers.................             4,344               174               151               202
441222.....................................  Boat Dealers.......................            29,649             1,897             1,048             1,379
441229.....................................  All Other Motor Vehicle Dealers....             9,735               436               398               453
443111.....................................  Household Appliance Stores.........            48,606             2,770             1,490             1,376
443120.....................................  Computer and Software Stores.......            18,296               930               212               162
446120.....................................  Cosmetics, Beauty Supplies, and                 2,830               294                21                42
                                              Perfume Stores.
446199.....................................  All Other Health and Personal Care             12,790             1,146               404               202
                                              Stores.
447110.....................................  Gasoline Stations with Convenience            128,972            12,220             2,575             3,634
                                              Stores.
451130.....................................  Sewing, Needlework, and Piece Goods             1,271                65                16                37
                                              Stores.
453210.....................................  Office Supplies and Stationery                 98,855             4,626               873             2,160
                                              Stores.
481211.....................................  Nonscheduled Chartered Passenger               28,094               524               422               636
                                              Air Transportation.
481212.....................................  Nonscheduled Chartered Freight Air              5,442                96                70               123
                                              Transportation.
481219.....................................  Other Nonscheduled Air                          4,271               144                88                97
                                              Transportation.
486110.....................................  Pipeline Transportation of Crude                7,472               352                35               175
                                              Oil.
486210.....................................  Pipeline Transportation of Natural             22,080             1,303                68               510
                                              Gas.
486910.....................................  Pipeline Transportation of Refined              8,661               827                38               202
                                              Petroleum Products.
486990.....................................  All Other Pipeline Transportation..               687                54                13                16
487990.....................................  Scenic and Sightseeing                          2,155                45                39                80
                                              Transportation, Other.
488510.....................................  Freight Transportation Arrangement.           166,549             7,126             2,709             3,045

[[Page 36429]]

 
511110.....................................  Newspaper Publishers...............           358,841             4,969             1,945            11,451
511120.....................................  Periodical Publishers..............           148,126             3,515             1,651             2,186
511130.....................................  Book Publishers....................            77,645             1,044               755               957
511140.....................................  Directory and Mailing List                     47,569               948               306               958
                                              Publishers.
511191.....................................  Greeting Card Publishers...........            10,756                49                33               236
511199.....................................  All Other Publishers...............            11,275               387               206               248
512210.....................................  Record Production..................               947                33                29                 5
512220.....................................  Integrated Record Production/                   7,492               142                56               174
                                              Distribution.
512230.....................................  Music Publishers...................             3,181                78                56                15
512290.....................................  Other Sound Recording Industries...             2,439               173                56                12
515111.....................................  Radio Networks.....................            10,868               426               199               729
515112.....................................  Radio Stations.....................           106,849             5,003             1,408             1,968
515120.....................................  Television Broadcasting............           133,807             1,756               477             2,234
517211.....................................  Paging.............................             4,020               258                68                39
517212.....................................  Cellular and Other Wireless                   232,223             9,829               462             2,235
                                              Telecommunications.
517310.....................................  Telecommunications Resellers.......            27,652               800               533               499
517910.....................................  Other Telecommunications...........             9,365               204               104               191
518112.....................................  Web Search Portals.................            20,957               210               157               174
519190.....................................  All Other Information Services.....            10,406               211                96               164
522120.....................................  Savings Institutions...............            81,130             5,063               356               640
522293.....................................  International Trade Financing......             4,727                32                 8                15
523999.....................................  Miscellaneous Financial Investment              8,158               115                77                19
                                              Activities.
524130.....................................  Reinsurance Carriers...............             8,946               251                55                63
525910.....................................  Open-End Investment Funds..........             3,356                89                44                14
525930.....................................  Real Estate Investment Trusts......            16,912               835               181               115
541320.....................................  Landscape Architectural Services...            28,061             1,058               940               446
541360.....................................  Geophysical Surveying and Mapping               3,891                86                68                62
                                              Services.
541612.....................................  Human Resources and Executive                  78,223             1,566               878               427
                                              Search Consulting Services.
541614.....................................  Process, Physical Distribution, and             1,141                47                16                 6
                                              Logistics Consulting Services.
541618.....................................  Other Management Consulting                     1,201                38                33                 7
                                              Services.
541890.....................................  Other Services Related to                      48,061             1,096               764               691
                                              Advertising.
551114.....................................  Insurance and Employee Benefit              1,015,532            14,229             6,983            20,526
                                              Funds.
561421.....................................  Pension Funds......................            32,711               645               501               347
561440.....................................  Health and Welfare Funds...........           133,744             2,291             1,671             1,522
561510.....................................  Travel Agencies....................           100,249             5,621             1,328               373
561520.....................................  Tour Operators.....................            22,872               662               500               155
561599.....................................  All Other Travel Arrangement and               44,278               823               227               857
                                              Reservation Services.
561622.....................................  Locksmiths.........................             6,361               386               332               148
611620.....................................  Sports and Recreation Instruction..            49,500             2,142             1,961               372
721310.....................................  Rooming and Boarding Houses........             6,313               350               280                60
811211.....................................  Consumer Electronics Repair and                11,779               380               267               225
                                              Maintenance.
811212.....................................  Computer and Office Machine Repair              4,814               136                74                92
                                              and Maintenance.
811213.....................................  Communication Equipment Repair and             13,015               479               313               248
                                              Maintenance.
811219.....................................  Other Electronic and Precision                 32,181             1,052               528               614
                                              Equipment Repair and Maintenance.
811411.....................................  Home and Garden Equipment Repair                2,165               146               111                59
                                              and Maintenance.
811412.....................................  Appliance Repair and Maintenance...            22,039               883               375               602
811430.....................................  Footwear and Leather Goods Repair..                43                 5                 2                 1
811490.....................................  Other Personal and Household Goods             18,334             1,096               658               501
                                              Repair and Maintenance.
812220.....................................  Cemeteries and Crematories.........            24,515             1,730               551               606
813410.....................................  Civic and Social Organizations.....           131,301             4,233             3,141             2,473
813930.....................................  Labor Unions and Similar Labor                137,786             5,145             4,307             2,595
                                              Organizations.
813940.....................................  Political Organizations............            10,270               345               341               193
                                                                                 -----------------------------------------------------------------------
  Totals...................................  ...................................         3,960,772           119,374            48,123            75,787
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.
\1\ Source: 2006 County Business Patterns: http://www2.census.gov/econ/susb/data/2006/us_6digitnaics_2006.xls.
\2\ Source: 2006 Bureau of Labor Statistics, U.S. Department of Labor, Survey of Occupational Injuries and Illnesses, in cooperation with participating
  State agencies. http://www.bls.gov/iif/oshwc/osh/os/osnr0028.pdf.


[[Page 36430]]


                  Table III-3A--Annualized Costs to Industries That Include Establishments That Would Be Newly Required To Keep Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Complete log
                                                                                     Relearning         Complete,       entries, mark    Total costs to
                                           NAICS Industry         Learning new      recordkeeping      certify and     privacy issues      industries
             NAICS Code                      description          recordkeeping     system due to    post OSHA Form      and provide     newly required
                                                                     system           turnover            300A            employees     to keep  records
                                                                                                                           access
--------------------------------------------------------------------------------------------------------------------------------------------------------
311811..............................  Retail Bakeries.........           $11,014           $15,471           $75,037            $8,683          $110,205
441110..............................  New Car Dealers.........           113,852           159,930           775,661           729,910         1,779,353
441120..............................  Used Car Dealers........            19,264            27,061           131,244            15,462           193,031
441310..............................  Automotive Parts and                 2,430             3,413            16,553             3,108            25,503
                                       Accessories Stores.
444130..............................  Hardware Stores.........           121,482           170,648           827,643           282,648         1,402,421
445210..............................  Meat Markets............             7,126            10,010            48,549             6,856            72,540
445220..............................  Fish and Seafood Markets               252               354             1,715               312             2,632
445291..............................  Baked Goods Stores......            12,159            17,080            82,839            11,504           123,583
445292..............................  Confectionery and Nut                8,985            12,622            61,216             7,576            90,399
                                       Stores.
445299..............................  All Other Specialty Food            13,315            18,703            90,712            15,734           138,464
                                       Stores.
445310..............................  Beer, Wine, and Liquor              34,824            48,918           237,251            35,842           356,834
                                       Stores.
453910..............................  Pet and Pet Supplies                21,043            29,560           143,366            35,132           229,101
                                       Stores.
453920..............................  Art Dealers.............             3,548             4,984            24,173               547            33,252
453991..............................  Tobacco Stores..........            10,493            14,740            71,487             7,326           104,045
453998..............................  All Other Miscellaneous             30,504            42,849           207,819            27,149           308,320
                                       Store Retailers (except
                                       Tobacco Stores).
454390..............................  Other Direct Selling                   394               554             2,686             1,016             4,650
                                       Establishments.
531311..............................  Residential Property                66,911            93,991           455,859           136,060           752,821
                                       Managers.
531312..............................  Nonresidential Property             26,929            37,827           183,463            50,096           298,315
                                       Managers.
531320..............................  Offices of Real Estate               4,761             6,688            32,438             5,554            49,442
                                       Appraisers.
531390..............................  Other Activities Related            11,658            16,376            79,421            19,238           126,692
                                       to Real Estate.
532220..............................  Formal Wear and Costume              7,088             9,957            48,292             4,060            69,397
                                       Rental.
532230..............................  Video Tape and Disc                 73,665           103,478           501,867            12,735           691,744
                                       Rental.
532299..............................  All Other Consumer Goods               121               170               822               160             1,273
                                       Rental.
532420..............................  Office Machinery and                 1,953             2,744            13,307             4,155            22,158
                                       Equipment Rental and
                                       Leasing.
532490..............................  Other Commercial and                 2,648             3,719            18,037             6,128            30,532
                                       Industrial Machinery
                                       and Equipment Rental
                                       and Leasing.
541910..............................  Marketing Research and              11,748            16,502            80,035             3,268           111,553
                                       Public Opinion Polling.
541921..............................  Photography Studios,                34,317            48,206           233,798            10,107           326,428
                                       Portrait.
541922..............................  Commercial Photography..             1,699             2,386            11,574             1,223            16,881
541930..............................  Translation and                      1,368             1,921             9,317             4,824            17,430
                                       Interpretation Services.
541990..............................  All Other Professional,             12,945            18,185            88,195             8,771           128,096
                                       Scientific, and
                                       Technical Services.
561210..............................  Facilities Support                  18,773            26,371           127,900           136,245           309,289
                                       Services.
561790..............................  Other Services to                      595               836             4,053             2,032             7,516
                                       Buildings and Dwellings.
561910..............................  Packaging and Labeling               4,587             6,443            31,250            21,773            64,053
                                       Services.
561920..............................  Convention and Trade                 6,216             8,731            42,346            31,283            88,575
                                       Show Organizers.
561990..............................  All Other Support                   24,759            34,779           168,678            70,955           299,171
                                       Services.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                  Table III-3A--Annualized Costs to Industries That Include Establishments That Would Be Newly Required to Keep Records
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Complete log
                                                                                     Relearning         Complete,       entries, mark    Total costs to
                                           NAICS Industry         Learning new      recordkeeping      certify and     privacy issues      industries
             NAICS Code                      description         record keeping     system due to    post OSHA Form      and provide     newly required
                                                                     system           turnover            300A            employees     to keep  records
                                                                                                                           access
--------------------------------------------------------------------------------------------------------------------------------------------------------
621991..............................  Blood and Organ Banks...             6,165             8,661            42,004            50,465           107,295
621999..............................  All Other Miscellaneous              9,156            12,862            62,379            36,782           121,179
                                       Ambulatory Health Care
                                       Services.
624110..............................  Child and Youth Services            31,027            43,584           211,384            46,008           332,004

[[Page 36431]]

 
624120..............................  Services for the Elderly            62,391            87,641           425,060           247,081           822,172
                                       and Persons with
                                       Disabilities.
624190..............................  Other Individual and                78,919           110,859           537,665            26,251           753,693
                                       Family Services.
624210..............................  Community Food Services.            12,587            17,682            85,756            10,843           126,869
624221..............................  Temporary Shelters......            15,027            21,108           102,375            23,817           162,327
624229..............................  Other Community Housing              9,400            13,204            64,041            12,408            99,053
                                       Services.
624230..............................  Emergency and Other                  4,996             7,018            34,038             6,735            52,788
                                       Relief Services.
711110..............................  Theater Companies and                6,350             8,920            43,263            39,742            98,274
                                       Dinner Theaters.
711120..............................  Dance Companies.........               950             1,335             6,474             4,724            13,484
711130..............................  Musical Groups and                   3,504             4,923            23,874            20,203            52,504
                                       Artists.
711190..............................  Other Performing Arts                  562               790             3,830             3,537             8,719
                                       Companies.
711310..............................  Promoters of Performing              4,143             5,819            28,224            30,040            68,226
                                       Arts, Sports, and
                                       Similar Events with
                                       Facilities.
711320..............................  Promoters of Performing              2,601             3,654            17,723             6,800            30,779
                                       Arts, Sports, and
                                       Similar Events without
                                       Facilities.
712110..............................  Museums.................             7,847            11,023            53,462            39,386           111,718
712120..............................  Historical Sites........             1,333             1,873             9,084             4,128            16,419
713950..............................  Bowling Centers.........            15,511            21,788           105,673            19,028           161,999
713990..............................  All Other Amusement and              1,092             1,534             7,438                59            10,122
                                       Recreation Industries.
722310..............................  Food Service Contractors           109,725           154,132           747,542           218,299         1,229,698
722320..............................  Caterers................            17,853            25,079           121,631            58,070           222,633
812921..............................  Photofinishing                       2,445             3,435            16,658             8,516            31,053
                                       Laboratories (except
                                       One-Hour).
812922..............................  One-Hour Photofinishing.               979             1,376             6,673               731             9,758
812990..............................  All Other Personal                   5,116             7,186            34,851             4,658            51,811
                                       Services.
                                                               -----------------------------------------------------------------------------------------
  Totals............................  ........................         1,133,105         1,591,692         7,719,704         2,635,779        13,080,280
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: OSHA, Office of Regulatory Analysis.


        Table III-4A--Cost Savings to Industries That Include Establishments That Would Be Newly Partially Exempt From Recordkeeping Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Complete log      Costs savings
                                                                                     Relearning         Complete,       entries, mark     to industries
                 NAICS Code                       NAICS Industry description        recordkeeping   certify and post   privacy issues    newly exempted
                                                                                    system due to    OSHA  Form 300A     and provide      from keeping
                                                                                      turnover                        employees access       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
441210.....................................  Recreational Vehicle Dealers.......           $10,304           $49,974           $26,206           $86,483
441221.....................................  Motorcycle Dealers.................             1,396             6,773             3,075            11,244
441222.....................................  Boat Dealers.......................            15,192            73,681            20,988           109,861
441229.....................................  All Other Motor Vehicle Dealers....             3,487            16,914             6,891            27,293
443111.....................................  Household Appliance Stores.........            22,180           107,572            20,933           150,684
443120.....................................  Computer and Software Stores.......             7,445            36,107             2,467            46,019
446120.....................................  Cosmetics, Beauty Supplies, and                 2,353            11,412               643            14,408
                                              Perfume Stores.
446199.....................................  All Other Health and Personal Care              9,180            44,524             3,076            56,780
                                              Stores.
447110.....................................  Gasoline Stations with Convenience             97,861           474,627            55,292           627,780
                                              Stores.
451130.....................................  Sewing, Needlework, and Piece Goods               524             2,543               565             3,632
                                              Stores.
453210.....................................  Office Supplies and Stationery                 37,046           179,672            32,867           249,585
                                              Stores.
481211.....................................  Nonscheduled Chartered Passenger                4,192            20,332             9,671            34,195
                                              Air Transportation.
481212.....................................  Nonscheduled Chartered Freight Air                769             3,729             1,873             6,370
                                              Transportation.
481219.....................................  Other Nonscheduled Air                          1,150             5,577             1,470             8,197
                                              Transportation.
486110.....................................  Pipeline Transportation of Crude                2,817            13,663             2,658            19,138
                                              Oil.
486210.....................................  Pipeline Transportation of Natural             10,437            50,619             7,753            68,808
                                              Gas.

[[Page 36432]]

 
486910.....................................  Pipeline Transportation of Refined              6,622            32,116             3,081            41,818
                                              Petroleum Products.
486990.....................................  All Other Pipeline Transportation..               432             2,093               244             2,769
487990.....................................  Scenic and Sightseeing                            356             1,728             1,214             3,299
                                              Transportation, Other.
488510.....................................  Freight Transportation Arrangement.            57,062           276,750            46,329           380,141
511110.....................................  Newspaper Publishers...............            39,793           192,994           174,234           407,021
511120.....................................  Periodical Publishers..............            28,148           136,518            33,260           197,927
511130.....................................  Book Publishers....................             8,359            40,540            14,567            63,466
511140.....................................  Directory and Mailing List                      7,588            36,803            14,572            58,964
                                              Publishers.
511191.....................................  Greeting Card Publishers...........               393             1,907             3,597             5,897
511199.....................................  All Other Publishers...............             3,100            15,034             3,770            21,905
512210.....................................  Record Production..................               267             1,293                69             1,629
512220.....................................  Integrated Record Production/                   1,140             5,531             2,651             9,322
                                              Distribution.
512230.....................................  Music Publishers...................               625             3,029               230             3,884
512290.....................................  Other Sound Recording Industries...             1,383             6,707               177             8,267
515111.....................................  Radio Networks.....................             3,413            16,553            11,094            31,060
515112.....................................  Radio Stations.....................            40,066           194,322            29,948           264,336
515120.....................................  Television Broadcasting............            14,062            68,201            33,985           116,248
517211.....................................  Paging.............................             2,067            10,024               589            12,680
517212.....................................  Cellular and Other Wireless                    78,708           381,735            34,009           494,452
                                              Telecommunications.
517310.....................................  Telecommunications Resellers.......             6,406            31,067             7,590            45,062
517910.....................................  Other Telecommunications...........             1,631             7,911             2,912            12,455
518112.....................................  Web Search Portals.................             1,679             8,144             2,653            12,477
519190.....................................  All Other Information Services.....             1,690             8,195             2,493            12,378
522120.....................................  Savings Institutions...............            40,543           196,635             9,740           246,919
523999.....................................  Miscellaneous Financial Investment                923             4,478               283             5,684
                                              Activities.
524130.....................................  Reinsurance Carriers...............             2,012             9,759               959            12,729
525910.....................................  Open-End Investment Funds..........               714             3,464             1,100             5,278
525930.....................................  Real Estate Investment Trusts......             6,688            32,438             2,904            42,031
541320.....................................  Landscape Architectural Services...             8,472            41,088               941            50,500
541360.....................................  Geophysical Surveying and Mapping                 691             3,349            18,908            22,948
                                              Services.
541612.....................................  Human Resources and Executive                  12,542            60,831                95            73,468
                                              Search Consulting Services.
541614.....................................  Process, Physical Distribution, and               377             1,829               100             2,306
                                              Logistics Consulting Services.
541618.....................................  Other Management Consulting                       301             1,461             3,995             5,757
                                              Services.
541890.....................................  Other Services Related to                       8,777            42,569           222,299           273,646
                                              Advertising.
551114.....................................  Corporate, Subsidiary, and Regional           113,948           552,648            10,059           676,655
                                              Managing Offices.
561421.....................................  Telephone Answering Services.......             5,168            25,063            21,557            51,787
561440.....................................  Collection Agencies................            18,350            88,995            17,356           124,701
561510.....................................  Travel Agencies....................            45,012           218,309             1,296           264,617
561520.....................................  Tour Operators.....................             5,302            25,715             4,552            35,569
561599.....................................  All Other Travel Arrangement and                6,589            31,956             1,874            40,419
                                              Reservation Services.
561622.....................................  Locksmiths.........................             3,087            14,972            17,515            35,575
611620.....................................  Sports and Recreation Instruction..            17,152            83,185               722           101,059
721310.....................................  Rooming and Boarding Houses........             2,802            13,590             1,707            18,099
811211.....................................  Consumer Electronics Repair and                 3,046            14,774             1,398            19,218
                                              Maintenance.
811212.....................................  Computer and Office Machine Repair              1,090             5,286             3,779            10,155
                                              and Maintenance.
811213.....................................  Communication Equipment Repair and              3,832            18,584             9,344            31,760
                                              Maintenance.
811219.....................................  Other Electronic and Precision                  8,423            40,851               629            49,902
                                              Equipment Repair and Maintenance.
811411.....................................  Home and Garden Equipment Repair                1,172             5,682             9,157            16,011
                                              and Maintenance.
811412.....................................  Appliance Repair and Maintenance...             7,073            34,306                18            41,398
811430.....................................  Footwear and Leather Goods Repair..                39               191             7,618             7,849
811490.....................................  Other Personal and Household Goods              8,778            42,571            10,186            61,535
                                              Repair and Maintenance.
812220.....................................  Cemeteries and Crematories.........            13,856            67,199            49,346           130,401
813410.....................................  Civic and Social Organizations.....            33,901           164,421            39,480           237,802
813930.....................................  Labor Unions and Similar Labor                 41,204           199,841             2,943           243,988
                                              Organizations.
813940.....................................  Political Organizations............             2,761            13,392                 0            16,153
                                                                                 -----------------------------------------------------------------------

[[Page 36433]]

 
    Totals.................................  ...................................           955,949         4,636,351         1,091,556         6,683,856
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.


  Table III-6A--Economic Impacts of Industries That Include Establishments That Would Be Newly Required To Keep
                                                     Records
----------------------------------------------------------------------------------------------------------------
                                                                                                    Cost per
                NAICS Code                     NAICS Industry description         Affected          affected
                                                                               establishments     establishment
----------------------------------------------------------------------------------------------------------------
311811...................................  Retail Bakeries..................             1,932            $57.04
441110...................................  New Car Dealers..................            19,971             89.10
441120...................................  Used Car Dealers.................             3,379             57.12
441310...................................  Automotive Parts and Accessories                426             59.84
                                            Stores.
444130...................................  Hardware Stores..................            21,310             65.81
445210...................................  Meat Markets.....................             1,250             58.03
445220...................................  Fish and Seafood Markets.........                44             59.61
445291...................................  Baked Goods Stores...............             2,133             57.94
445292...................................  Confectionery and Nut Stores.....             1,576             57.35
445299...................................  All Other Specialty Food Stores..             2,336             59.28
445310...................................  Beer, Wine, and Liquor Stores....             6,109             58.42
453910...................................  Pet and Pet Supplies Stores......             3,691             62.07
453920...................................  Art Dealers......................               622             53.43
453991...................................  Tobacco Stores...................             1,841             56.53
453998...................................  All Other Miscellaneous Store                 5,351             57.62
                                            Retailers (except Tobacco
                                            Stores).
454390...................................  Other Direct Selling                             69             67.23
                                            Establishments.
531311...................................  Residential Property Managers....            11,737             64.14
531312...................................  Nonresidential Property Managers.             4,724             63.15
531320...................................  Offices of Real Estate Appraisers               835             59.20
531390...................................  Other Activities Related to Real              2,045             61.96
                                            Estate.
532220...................................  Formal Wear and Costume Rental...             1,243             55.81
532230...................................  Video Tape and Disc Rental.......            12,922             53.53
532299...................................  All Other Consumer Goods Rental..                21             60.12
532420...................................  Office Machinery and Equipment                  343             64.67
                                            Rental and Leasing.
532490...................................  Other Commercial and Industrial                 464             65.74
                                            Machinery and Equipment Rental
                                            and Leasing.
541910...................................  Marketing Research and Public                 2,061             54.13
                                            Opinion Polling.
541921...................................  Photography Studios, Portrait....             6,020             54.23
541922...................................  Commercial Photography...........               298             56.65
541930...................................  Translation and Interpretation                  240             72.65
                                            Services.
541990...................................  All Other Professional,                       2,271             56.41
                                            Scientific, and Technical
                                            Services.
561210...................................  Facilities Support Services......             3,293             93.92
561790...................................  Other Services to Buildings and                 104             72.02
                                            Dwellings.
561910...................................  Packaging and Labeling Services..               805             79.61
561920...................................  Convention and Trade Show                     1,090             81.24
                                            Organizers.
561990...................................  All Other Support Services.......             4,343             68.89
621991...................................  Blood and Organ Banks............             1,082             99.21
621999...................................  All Other Miscellaneous                       1,606             75.45
                                            Ambulatory Health Care Services.
624110...................................  Child and Youth Services.........             5,443             61.00
624120...................................  Services for the Elderly and                 10,944             75.12
                                            Persons with Disabilities.
624190...................................  Other Individual and Family                  13,844             54.44
                                            Services.
624210...................................  Community Food Services..........             2,208             57.46
624221...................................  Temporary Shelters...............             2,636             61.58
624229...................................  Other Community Housing Services.             1,649             60.07
624230...................................  Emergency and Other Relief                      876             60.23
                                            Services.
711110...................................  Theater Companies and Dinner                  1,114             88.23
                                            Theaters.
711120...................................  Dance Companies..................               167             80.89
711130...................................  Musical Groups and Artists.......               615             85.41
711190...................................  Other Performing Arts Companies..                99             88.42
711310...................................  Promoters of Performing Arts,                   727             93.89
                                            Sports, and Similar Events with
                                            Facilities.
711320...................................  Promoters of Performing Arts,                   456             67.45
                                            Sports, and Similar Events
                                            without Facilities.
712110...................................  Museums..........................             1,377             81.16
712120...................................  Historical Sites.................               234             70.20
713950...................................  Bowling Centers..................             2,721             59.54
713990...................................  All Other Amusement and                         192             52.86
                                            Recreation Industries.

[[Page 36434]]

 
722310...................................  Food Service Contractors.........            19,247             63.89
722320...................................  Caterers.........................             3,132             71.09
812921...................................  Photofinishing Laboratories                     429             72.40
                                            (except One-Hour).
812922...................................  One-Hour Photofinishing..........               172             56.80
812990...................................  All Other Personal Services......               897             57.74
                                                                             -----------------------------------
  Totals.................................  .................................           198,763             81.63
----------------------------------------------------------------------------------------------------------------
Source: OSHA, Office of Regulatory Analysis.

IV. OMB Review Under the Paperwork Reduction Act of 1995

    This proposal would revise an existing collection of information as 
defined and covered by the Paperwork Reduction Act of 1995 and its 
implementing regulations. An ongoing information collection approved by 
OMB under the provisions of the Paperwork Reduction Act currently 
includes the type of information collected in this proposed regulation, 
as well as the manner in which employers collect the information. 
Accordingly, OMB approved the information collections associated with 
the requirements to maintain information on fatalities, injuries, and 
illnesses, and to report and submit this information to OSHA, under the 
Control Number 1218-0176. The current regulation at 29 CFR 1904.39 
requires an employer to report to OSHA, within eight hours, all work-
related fatalities and in-patient hospitalizations of three or more 
employees. The proposed rule would require employers to report to OSHA, 
within eight hours, all work-related fatalities and work-related in-
patient hospitalizations (regardless of the number of employees 
involved), and, within 24 hours, all work-related amputations. The 
proposal also would update Appendix A to 29 CFR part 1904, subpart B, 
of its injury and illness recording and reporting regulations. Appendix 
A contains a list of industries that are partially exempt from 
maintaining records of occupational injuries and illnesses, generally 
due to their relatively low rates of occupational injury and illness. 
OSHA based the current list of industries on the Standard Industrial 
Classification (SIC) system. In 1997, the North American Industry 
Classification System (NAICS) was introduced to classify establishments 
by industry. The proposed rule would update Appendix A by replacing it 
with a list of industries based on NAICS and more recent injury and 
illness data.
    OSHA prepared and submitted a revised Information Collection 
Request (ICR) for this proposed regulation to OMB for review in 
accordance with 44 U.S.C. 3507(d). The Agency solicits comments on the 
proposed revised collection of information requirements and the 
estimated burden hours associated with these requirements, including 
comments on the following items:
     Whether the proposed collection of information 
requirements are necessary for the proper performance of the Agency's 
functions, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
cost) of the information collection requirements, including the 
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information 
collected; and
     Ways to minimize the compliance burden on employers, for 
example, by using automated or other technological means for collecting 
and transmitting information.
    As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2), the 
following paragraphs provide information about this ICR.
    1. Title: 29 CFR Part 1904 Recordkeeping and Reporting Occupational 
Injuries and Illnesses
    2. Number of respondents: OSHA is proposing to revise the list of 
partially exempt industries in Appendix A of 29 CFR 1904, subpart B, 
using the North American Industry Classification System (NAICS). OSHA 
based the revised list in proposed Appendix A on DART rates compiled by 
the Bureau of Labor Statistics (BLS) for 2007, 2008, and 2009. The 
Agency still would require industries listed in proposed Appendix A to 
maintain records if requested to do so by BLS in connection with its 
Annual Survey (see 29 CFR 1904.42), or by OSHA in connection with its 
Data Initiative (see 29 CFR 1904.41). OSHA estimates that, as a result 
of the proposed revisions to the list of industries partially exempt 
from the regulation, 199,000 establishments with 5.3 million employees 
not previously required to record the information would need to do so, 
and that those establishments would record an estimated 173,000 
injuries and illnesses per year. The total number of respondents is 
1,665,374.
    2. Frequency of responses: Annually; on occasion.
    3. Number of responses: 7,449,273.
    4. Average time per response: Time per response varies from three 
minutes for making an entry on a confidential list of privacy-concern 
cases (see Sec.  1904.29(b)(6)), to one hour to learn the requirements 
of the recordkeeping standard.
    5. Estimated total burden hours: 3,355,105 hours.
    6. Estimated costs (capital-operation and maintenance): There are 
no capital costs for the proposed collection of information 
requirements.
    Members of the public may comment on the paperwork requirements in 
this proposed regulation by sending their written comments to the 
Office of Information and Regulatory Affairs, Attn: OMB Desk Officer 
for the Department of Labor, OSHA (Regulation Identifier Number (RIN) 
1218-AC50), Office of Management and Budget, Room 10235, Washington, DC 
20503; telephone: 202-395-6929; fax: 202-395-6881 (these are not toll-
free numbers); e-mail: OIRA_submission@omb.eop.gov. OSHA encourages 
commenters also to submit their comments on these paperwork 
requirements to the rulemaking docket along with their comments on 
other parts of the proposed regulation. For instructions on submitting 
these comments to the docket, see the sections of this Federal Register 
notice titled DATES and ADDRESSES'' Comments submitted in response to 
this notice are public records; therefore, OSHA cautions commenters 
about submitting personal information such as Social Security numbers 
and dates of birth. To

[[Page 36435]]

access the docket to read or download comments and other materials 
related to this paperwork determination, including the complete 
information collection request (ICR), use the procedures described 
under the section of this notice titled ADDRESSES. You may obtain an 
electronic copy of the complete ICR by visiting the Web site at http://www.reginfo.gov/public/do/PRAMain, then scroll under ``Currently Under 
Review'' to ``Department of Labor (DOL)'' to view all of the DOL's 
ICRs, including those ICRs submitted for proposed rulemakings. To make 
inquiries, or to request other information, contact Mr. Todd Owen, 
Directorate of Standards and Guidance, OSHA, Room N-3609, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2222. OSHA notes that a Federal agency 
cannot (1) conduct or sponsor a collection of information unless OMB 
approves it under the PRA and displays a currently valid OMB control 
number, and (2) require a party to respond to a collection of 
information unless the collection of information displays a currently 
valid OMB control number. Also, notwithstanding any other provision of 
law, no party shall be subject to penalty for failing to comply with a 
collection of information if the collection of information does not 
display a currently valid OMB control number. OSHA will publish a 
notice of OMB's action when it publishes the final regulation.

V. Unfunded Mandates

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1501 et seq.), as well as Executive Order 12875, this proposed rule 
does not include any Federal mandate that may result in increased 
expenditures by state, local, and Tribal governments, or increased 
expenditures by the private sector of more than $100 million.

VI. Federalism

    The proposed rule has been reviewed in accordance with Executive 
Oder 13132 (52 FR 41685), regarding federalism. Because this rulemaking 
involves a ``regulation'' issued under Sections 8 and 24 of the OSH 
Act, and is not an ``occupational safety and health standard'' issued 
under Section 6 of the OSH Act, the rule will not preempt state law (29 
U.S.C. 667(a)). The effect of the proposed rule on states is discussed 
in section VIII. State Plan States.

VII. State Plan States

    Consistent with Section 18 of the OSH Act (29 U.S.C. 667) and the 
requirements of 29 CFR 1904.37 and 1952.4, within 6 months after 
publication of the final OSHA rule, state-plan states must promulgate 
occupational injury and illness recording and reporting requirements 
that are the same as the Federal requirements for determining which 
injuries and illnesses will be entered into the records and how they 
are entered. All other injury and illness recording and reporting 
requirements that are promulgated by state-plan states may be more 
stringent than, or supplemental to, the Federal requirements, but, 
because of the unique nature of the national recordkeeping program, 
states must consult with OSHA and obtain approval of such additional or 
more stringent reporting and recording requirements to ensure that they 
will not interfere with uniform reporting objectives.
    There are 27 state plan states and territories. The states and 
territories that cover private sector employers are: Alaska, Arizona, 
California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, 
Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, 
South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and 
Wyoming. Connecticut, Illinois, New Jersey, New York, and the Virgin 
Islands have OSHA approved state plans that apply to state and local 
government employees only.

VIII. Public Participation

    This rulemaking is governed by the notice and comments requirements 
in the Administrative Procedure Act (APA)(5 U.S.C. 553) rather than 
section 6 of the OSH Act (29 U.S.C. 655) and 29 CFR Part 1911, which 
only apply to ``promulgating, modifying or revoking occupational safety 
and health standards'' (29 CFR part 1911). For example, section 6(b)(3) 
of the OSH Act and 29 CFR 1911.11 state that the requirement to hold an 
informal public hearing on a proposed rule only applies to rulemakings 
on occupational safety and health standards, not to those dealing with 
regulations.
    Section 553(b)(1) of the APA requires the agency to specify the 
type of rule involved, the time during which the agency will receive 
comments on the proposal, and the instructions regarding the procedures 
for submitting comments. The APA does not specify a minimum period for 
submitting comments.

Public Submissions

    OSHA invites comment on all aspects of the proposed rule. OSHA 
specifically encourages comment on the questions raised in the issues 
and potential alternatives sections of this preamble. Interested 
persons must submit comments by September 20, 2011 The Agency will 
carefully review and evaluate all comments, information, and data, as 
well as all other information in the rulemaking record, to determine 
how to proceed.
    You may submit comments in response to this document (1) 
electronically at http://www.regulations.gov, which is the Federal e-
rulemaking portal; (2) by fax; or (3) by hard copy. All submissions 
must identify the Agency name and the OSHA docket number (Docket No. 
OSHA-2010-0019) or RIN (RIN No. 1218-AC50) for this rulemaking. You may 
supplement electronic submissions by uploading document files 
electronically. If, instead, you wish to mail additional materials in 
reference to an electronic or fax submission, you must submit three 
copies to the OSHA docket office (see ADDRESSES section). The 
additional materials must clearly identify your electronic comments by 
name, date, and docket number, so OSHA can attach them to your 
comments.
    Because of security-related procedures, the use of regular mail may 
cause a significant delay in the receipt of submissions. For 
information about security procedures concerning the delivery of 
materials by hand, express delivery, messenger or courier service, 
please contact the OSHA docket office at (202) 693-2350 (TTY (877) 889-
5627).

Access to Docket

    Comments in response to this Federal Register notice are posted at 
http://www.regulations.gov, the Federal e-rulemaking portal. Therefore, 
OSHA cautions individuals about submitting personal information such as 
social security numbers and birthdates. Although submissions are listed 
in the http://www.regulations.gov index, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through that Web site. All comments and exhibits, including copyrighted 
material, are available for inspection and copying at the OSHA docket 
office. Information on using http://www.regulations.gov to submit 
comments and access dockets is available on that Web site. Contact the 
OSHA docket office for information about materials not available 
through the Web site and for assistance in using the Internet to locate 
docket submissions.
    Electronic copies of this Federal Register document are available 
at

[[Page 36436]]

http://www.regulations.gov. This document, as well as news releases and 
other relevant information, also are available at OSHA's Web page at 
http://www.osha.gov. For specific information about OSHA's 
Recordkeeping rule, go the Recordkeeping page on OSHA's Web page.

IX. Authority and Signature

    This document was prepared under the direction of Dr. David 
Michaels, Assistant Secretary for Occupational Safety and Health. It is 
issued under Sections 8 and 24 of the Occupational Safety and Health 
Act (29 U.S.C. 657, 673), 5 U.S.C. 553, and Secretary of Labor's Order 
4-2010 (75 FR 55355, 9/10/2010)

List of Subjects in 29 CFR Part 1904

    Health statistics, Occupational safety and health, Reporting and 
recordkeeping requirements.

    Signed at Washington, DC on June 15, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

X. Proposed Rule

    Part 1904 of Title 29 of the Code of Federal Regulations is hereby 
proposed to be amended as follows:

PART 1904--[AMENDED]

    1. The authority citation for part 1904 continues to read as 
follows:

    Authority:  29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of 
Labor's Order No. 3-2000 (65 FR 50017), and 5 U.S.C. 533.

    2. Amend Sec.  1904.2 as follows:
    A. Revise paragraph (a)(1).
    B. Remove paragraph (b)(1).
    C. Redesignate paragraphs (b)(2) and (b)(3) as (b)(1) and (b)(2).
    D. Revise newly designated paragraphs (b)(1) and (b)(2).
    The revisions read as follows:


Sec.  1904.2  Partial exemption for establishments in certain 
industries.

    (a) * * *
    (1) If your business establishment is classified in a specific 
industry subsector listed in Appendix A to this Subpart B, you do not 
need to keep OSHA injury and illness records unless the government asks 
you to keep the records under Sec.  1904.41 or Sec.  1904.42. However, 
all employers must report to OSHA any workplace incident that results 
in a fatality, an amputation, or the in-patient hospitalization of an 
employee (see Sec.  1904.39).
* * * * *
    (b) * * *
    (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 exempt.
    (2) How do I determine the correct NAICS code for my business? The 
NAICS was designed and documented in such a way to allow business 
establishments to self-code. There are a number of tools and references 
available to help you to determine the most appropriate NAICS code for 
your business from the U.S. Census Bureau at http://www.census.gov. You 
may contact your nearest OSHA office or state agency for help in 
determining your NAICS code.
* * * * *
    3. Revise Appendix A to subpart B of part 1904 to read as follows:

Appendix A to Subpart B of Part 1904 (Non-Mandatory)--Partially Exempt 
Industries

    Employers are not required to keep OSHA 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 OSHA, the Bureau of Labor 
Statistics (BLS), or a state agency operating under the authority of 
OSHA or the BLS. All employers, including those partially exempted 
by reason of company size or industry classification, must report to 
OSHA any workplace incident that results in a fatality, in-patient 
hospitalization, or amputation (see Sec.  1904.39).

 
------------------------------------------------------------------------
         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.

[[Page 36437]]

 
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.
------------------------------------------------------------------------

* * * * *
    4. Amend Sec.  1904.39 as follows:
    A. Revise paragraphs (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), 
and (b)(7).
    B. Add paragraph (b)(8).
    The revisions and addition should read as follows:


Sec.  1904.39  Reporting fatalities and multiple hospitalization 
incidents to OSHA.

    (a) Basic Requirement. Within eight (8) hours after the death of 
any employee from a work-related incident, within eight (8) hours after 
the in-patient hospitalization of any employee as a result of a work-
related incident, and within twenty-four (24) hours after an amputation 
suffered by an employee as a result of a work-related incident, you 
must orally report the incident by telephone or in person to the 
nearest Area Office of the Occupational Safety and Health 
Administration (OSHA), U.S. Department of Labor. You may also use the 
OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-
6742).
    (b) * * *
    (1) If the Area Office is closed, may I report the incident by 
leaving a message on OSHA's answering machine, faxing the area office, 
or sending an e-mail? No, if you can't talk to a person at the Area 
Office, you must report the fatality, in-patient hospitalization, or

[[Page 36438]]

amputation incident using the 800 number.
    (2) What information do I need to give to OSHA about the incident? 
You must give OSHA the following information for each fatality, in-
patient hospitalization, or amputation incident:
    (i) The establishment name;
    (ii) The location of the incident;
    (iii) The time of the incident;
    (iv) The number of fatalities or hospitalized employees or 
amputations;
    (v) The names of any injured employees;
    (vi) Your contact person and his or her phone number; and
    (vii) A brief description of the incident.
    (3) Do I have to report every fatality or in-patient 
hospitalization or amputation incident resulting from a motor vehicle 
accident? No, you do not have to report all of these incidents. If the 
motor vehicle accident occurs on a public street or highway, and does 
not occur in a construction work zone, you do not have to report the 
incident to OSHA. However, these injuries must be recorded on your OSHA 
injury and illness records, if you are required to keep such records.
    (4) Do I have to report a fatality or in-patient hospitalization or 
amputation incident that occurs on a commercial or public 
transportation system? No, you do not have to call OSHA to report a 
fatality or hospitalization or amputation incident if it involves a 
commercial airplane, train, subway, or bus accident. However, these 
injuries must be recorded on your OSHA injury and illness records, if 
you are required to keep such records.
    * * *
    (6) Do I have to report a fatality or in-patient hospitalization or 
amputation that occurs long after the incident? No, you must only 
report each fatality or in-patient hospitalization or amputation that 
occurs within thirty (30) days of an incident.
    (7) What if I don't learn about an incident right away? If you do 
not learn of a reportable incident at the time it occurs and the 
incident would otherwise be reportable under paragraphs (a) and (b) of 
this section, you must make the report within eight (8) hours (for a 
fatality or an in-patient hospitalization) or twenty four (24) hours 
(for an amputation) of the time the incident is reported to you or to 
any of your agent(s) or employee(s).
    (8) What types of injuries are counted as amputations? For purposes 
of classifying occupational injuries and illnesses, amputations are 
defined by the Bureau of Labor Statistics in their Occupational Injury 
and Illness Classification Manual. An amputation is the traumatic loss 
of a limb or other external body part, including a fingertip. In order 
for an injury to be classified as an amputation, bone must be lost. 
Amputations include loss of a body part due to a traumatic incident, a 
gunshot wound, and medical amputations due to irreparable traumatic 
injuries. Amputations exclude traumatic injuries without bone loss and 
exclude enucleation (eye removal).
[FR Doc. 2011-15277 Filed 6-21-11; 8:45 am]
BILLING CODE 4510-26-P