The proposed rule would have removed SIC 736 from the list of exempted industry sectors; it takes big heart to teach little minds merry teachmas christmas ugly sweater however, because this industry’s more recent average DART rate (for the years 1996, 1997, and 1998, the base years
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No commenter suggested a rationale for recording cases having only a theoretical or speculative link to work. Under paragraph 1904.5, the “work environment” means it takes big heart to teach little minds merry teachmas christmas ugly sweater “the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also equipment or materials used by the employee during the course of his or her work.” OSHA agrees with those commenters who favored regular updating of the SIC code exemption list. For the list to focus Agency resources most effectively on the most hazardous industries, it must be up-to-date. Industries that are successful in lowering their rates to levels below the exemption threshold should be exempted, while those whose rates rise sufficiently to exceed the criterion should receive additional attention.
Unfortunately, the change in industry coding systems from the Standard Industrial Classification system to the North American Industry Classification system will require a future rulemaking to shift to that system. Therefore, there is no value in adding an updating mechanism at this time. The automatic updating issue will be addressed in the same future rulemaking that addresses the NAIC system conversion. SOCMA believes that the partial exemption from recordkeeping requirements should be consistent for all standard industrial classifications. SOCMA supports the use of injury rates, rather than SIC Codes, as a criterion for partial exemption from recordkeeping requirements, provided the same criterion is applied to all work sites. For example, if the performance measure was 75 percent of the private sector average, then all industries with injury rates below this average should be exempt.