1. (a) Basic requirement

   1. (1) If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under 71-341 or 71-342. However, as required by 71-339, all employers covered by the OSH Act must report to OSHA any work-related incident that results in a fatality, the inpatient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye.
   2. (2) If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under 71-302.

2. (b) Implementation.

   1. (1) Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company.
   2. (2) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company’s peak employment during the last calendar year. If you had no more than ten (10) employees at any time in the last calendar year, your company qualifies for the partial exemption for size.

   3. (3) Does the partial exemption for size apply to public sector employers [State of South Carolina and any political subdivision thereof]? No, the above exemption of not more than ten (10) employees does not apply to employers in the public sector.

      (Cross Reference: 1904.1)

HISTORY: Amended by State Register Volume 26, Issue No. 6, Part 2, eff June 28, 2002; SCSR 42-5 Doc. No. 4802, eff May 25, 2018; SCSR 44-6 Doc. No. 4893, eff June 26, 2020; SCSR 45-5 Doc. No. 5013, eff May 28, 2021.