Partially exempt industries list

Partially exempt industries are categories of establishments that generally do not have to keep OSHA injury and illness records unless OSHA, the Bureau of Labor Statistics (BLS), or a state agency asks for them in writing. The appendix lists specific North American Industry Classification System (NAICS) codes whose establishments are not required to maintain the OSHA Form 300/300A/301 records routine‑ly, but those establishments still must report severe events (fatality, in‑patient hospitalization, amputation, or loss of an eye).

• The exemption applies to an establishment classified in one of the NAICS codes listed in 29 CFR 1904 Subpart B Appendix A.
• Even if an establishment is partially exempt from keeping logs, it must report serious events to OSHA under 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

No—if your establishment is classified in one of the NAICS codes on the Appendix A list, you are not required to keep the routine OSHA injury and illness records (Form 300, Form 300A, Form 301) unless OSHA, the BLS, or a state agency asks you in writing to do so. However, you still must report certain serious incidents to OSHA as required by regulation.

• The Appendix A list identifies the NAICS codes whose establishments are not required to maintain routine recordkeeping: see 29 CFR 1904 Subpart B Appendix A.
• Regardless of the exemption from routine logs, you must report any employee fatality, in‑patient hospitalization, amputation, or loss of an eye to OSHA under 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

The partially exempt industries list in Appendix A names specific NAICS codes whose establishments are not required to keep routine OSHA injury and illness records. The appendix includes a long list of codes such as 4412 (Other Motor Vehicle Dealers), 7221 (Full‑Service Restaurants), 7222 (Limited‑Service Eating Places), many office and professional services (for example, 5411 Legal Services; 5415 Computer Systems Design), and others.

• The full list is published in 29 CFR 1904 Subpart B Appendix A. Refer to that appendix for the complete set of NAICS codes.
• Remember that being on the list affects the requirement to keep routine logs, but does not remove the duty to report serious events under 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

The partial exemption applies at the establishment level, not automatically company‑wide. Each establishment is classified by its own NAICS code, and the Appendix A exemption applies to an establishment that is classified in one of the listed NAICS codes.

• Appendix A refers specifically to “any establishment classified in the following NAICS codes,” so you determine applicability for each establishment by its classification in 29 CFR 1904 Subpart B Appendix A.
• Even if one establishment is exempt under Appendix A, other establishments in your company with different NAICS codes may still be required to keep records and must follow the general Part 1904 requirements, including reporting serious incidents under 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

If OSHA, the BLS, or a state agency operating under their authority asks in writing for records, the employer must provide the requested injury and illness records for the establishment even if it is listed in Appendix A. The appendix's exemption applies only to routine recordkeeping; an agency request overrides that non‑requirement.

• Appendix A states employers are not required to keep records for listed NAICS codes "unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency" — see 29 CFR 1904 Subpart B Appendix A.
• Keep in mind you must always report fatalities, hospitalizations, amputations, and loss of an eye to OSHA under 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

Yes—an establishment listed in Appendix A must still report any employee fatality (as well as in‑patient hospitalization, amputation, or loss of an eye) to OSHA even though it may be partially exempt from routine recordkeeping. The Appendix explicitly preserves that reporting duty.

• Appendix A states that "All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any employee's fatality, in‑patient hospitalization, amputation, or loss of an eye (see 1904.39)" — see 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

Yes—as long as the electronic or software‑generated forms are equivalent to the OSHA forms and meet the regulatory requirements for equivalent forms, you may provide them when requested. OSHA allows employers to keep records on computer systems and to produce equivalent forms when needed.

• OSHA's recordkeeping rules permit equivalent electronic forms so long as they contain the same information, are as readable and understandable, and are completed using the same instructions as the OSHA forms; see the April 29, 2025 Letter of Interpretation on software‑generated forms at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29.
• If OSHA, BLS, or a state agency asks for records in writing, produce the equivalent electronic forms on request; Appendix A explains that written requests require production even for partially exempt establishments: 29 CFR 1904 Subpart B Appendix A.

(See the Letter of Interpretation: "Software‑generated OSHA recordkeeping forms" at https://www.osha.gov/laws-regs/standardinterpretations/2025-04-29 and 29 CFR 1904 Subpart B Appendix A.)

If an establishment is required to keep records (for example, because it was asked in writing to do so) and it meets the electronic submission criteria in Part 1904, then it must submit the required forms electronically. The electronic submission requirement applies based on employee counts and industry lists, not on the Appendix A partial‑exemption status alone.

• OSHA's enforcement guidance explains which establishments must submit Form 300A data electronically (for example, establishments with 250+ employees and certain 20–249 employee establishments in higher‑hazard industries); see the April 16, 2024 memorandum at https://www.osha.gov/laws-regs/standardinterpretations/2024-04-16.
• Appendix A exempts certain NAICS‑classified establishments from routine recordkeeping unless asked in writing, but if an establishment is required to keep records and meets the electronic submittal thresholds, the electronic‑submission rules still apply: see 29 CFR 1904 Subpart B Appendix A and the electronic submittal guidance at https://www.osha.gov/laws-regs/standardinterpretations/2024-04-16.

(See 29 CFR 1904 Subpart B Appendix A and the memorandum at https://www.osha.gov/laws-regs/standardinterpretations/2024-04-16.)

The partial exemption applies based on each individual establishment's classification by NAICS — you determine the primary activity for that establishment and apply the applicable classification. Each establishment is evaluated separately for the Appendix A exemption.

• Appendix A describes the exemption in terms of an "establishment classified in the following NAICS codes," so classification is done at the establishment level; see 29 CFR 1904 Subpart B Appendix A.
• If an establishment's primary business activity matches a NAICS code on the list, it is generally not required to keep routine OSHA injury/illness records unless asked in writing; other establishments with different primary activities may have different obligations, including reporting serious events under 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

If your establishment's NAICS code is not on the Appendix A list, the general recordkeeping requirements in 29 CFR Part 1904 apply and you must keep injury and illness records if your establishment meets the other criteria in Part 1904 (for example, employee count and recordability tests). The Appendix A list is a limited set of partial exemptions, not a complete replacement of Part 1904.

• For the full recordkeeping requirements and applicability, consult 29 CFR Part 1904.
• Even if your establishment is subject to regular recordkeeping, you must report severe events per 29 CFR 1904.39.

(See 29 CFR Part 1904 and 29 CFR 1904.39.)

Yes—state agencies that operate under the authority of OSHA or the BLS can ask an employer in writing to provide records, and the employer must comply even if the establishment is on the Appendix A partial‑exemption list. The appendix explicitly includes state agencies in the list of entities whose written requests require records.

• Appendix A states exemptions do not apply "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" — see 29 CFR 1904 Subpart B Appendix A.
• The requirement to report fatalities and other severe events to OSHA remains in effect regardless of Appendix A status per 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

Yes—both full‑service restaurants (NAICS 7221) and limited‑service eating places (NAICS 7222) are included in the Appendix A list of partially exempt industries. That means those establishments are generally not required to keep routine OSHA injury and illness records unless asked in writing by OSHA, the BLS, or a state agency.

• The Appendix A list includes NAICS code 7221 (Full‑Service Restaurants) and 7222 (Limited‑Service Eating Places): see 29 CFR 1904 Subpart B Appendix A.
• Inclusion on the list does not eliminate the obligation to report serious incidents (fatality, in‑patient hospitalization, amputation, loss of an eye) under 29 CFR 1904.39.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

If an establishment was not required to keep routine logs because it was listed in Appendix A and was never asked in writing to produce them, there may be no log records for the inspector to review. However, if OSHA has asked in writing for records in the past or if the establishment was required for any other reason to maintain records, the inspector can request and review them. Also, inspectors will still investigate reportable severe events.

• Appendix A explains that listed establishments are not required to keep logs unless OSHA, the BLS, or a state agency asks in writing; see 29 CFR 1904 Subpart B Appendix A.
• Regardless of log availability, inspectors may review other documentation and will follow reporting rules under 29 CFR 1904.39 for serious events.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR 1904.39.)

Being on Appendix A's partially exempt list does not remove the employer's duty to report serious incidents to OSHA and to comply with any written requests for records; however, the appendix itself does not modify other employee access or workplace notification obligations that stem from Part 1904 when recordkeeping is required. If an establishment is asked in writing to keep records, the employer must follow the access provisions of Part 1904 for those records.

• Appendix A addresses the requirement to keep routine logs and the exception when asked in writing; see 29 CFR 1904 Subpart B Appendix A.
• If records are maintained (because you were required or asked in writing), obligations such as employee access to records and providing copies are governed by the broader Part 1904 requirements: see 29 CFR Part 1904.

(See 29 CFR 1904 Subpart B Appendix A and 29 CFR Part 1904.)