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your company's peak employment during the last calendar year. If you did not have more
than 10 employees at any time in the last calendar year, then your company qualifies for
the partial exemption for size.
(3) Both of the following provisions apply to basic requirements for partial exemption for
establishments in certain industries:
(a) If your business establishment is classified in a specific industry group listed in
Appendix A of R 408.22160, you do not need to keep MIOSHA injury and illness records
unless MIOSHA, BLS, or OSH, informs you, in writing, that you must keep the records
according to R 408.22141, R 408.22141a, R 408.22141b, or R 408.22142. However, all
employers must report to MIOSHA any workplace incident that results in an employee’s
fatality, inpatient hospitalization, amputation, or loss of an eye as required by R 408.22139.
(b) If 1 or more of your company's establishments are classified in a nonexempt industry,
then you must keep MIOSHA injury and illness records for all of the establishments unless
your company is partially exempted because of size under these rules.
(4) Is the partial industry classification exemption based on the industry classification of
my entire company or on the classification of individual business establishments operated
by my company? The partial industry classification exemption applies to individual
business establishments. If a company has several business establishments engaged in
different classes of business activities, some of the company’s establishments may be
required to keep records, while others may be partially exempt.
(5) How do I determine the correct North American Industry Classification System
(NAICS) code for my company or for individual establishments? You may determine your
NAICS code by using 1 of the following methods, or you may contact your nearest OSHA
office or state agency for help in determining your NAICS code:
(a) You may use the search feature at the U.S. Census Bureau NAICS main Web page:
keyword that describes your kind of business. A list of primary business activities
containing that keyword and the corresponding NAICS codes will appear. Choose the 1
code that most closely corresponds to your primary business activity or refine your search
to obtain other choices.
(b) Rather than searching through a list of primary business activities, you may also view
the most recent complete NAICS structure with codes and titles by clicking on the link for
the most recent NAICS on the U.S. Census Bureau NAICS main Web page:
codes under that sector. Then choose the 6-digit code of your interest to see the
corresponding definition, as well as cross-references and index items, when available.
(c) If you know your old standard industrial classification (SIC) code, you can also find
the appropriate 2002 NAICS code by using the detailed conversion (concordance) between
the 1987 SIC and 2002 NAICS available in Excel format for download at the
‘‘Concordances’’ link at the U.S. Census Bureau NAICS main Web page:
(6) The department of labor and economic opportunity shall supply copies of the forms
provided for in these rules and compile, correct, and analyze data obtained pursuant to
these rules. The department shall process petitions for exceptions to these rules from public
employers. OSHA shall process petitions for exceptions from private employers to ensure
uniformity between federal and state rules.
