Does OSHA have jurisdiction over facilities with fewer than 10 employees?

The OSHA Act of 1970 applies to all private sector employees. The OSHA act defines an employer as: a person engaged in a business affecting commerce who has employees. It is understood that “employees” means one or more.

The “ten or more” issue involves the injury and illness recordkeeping requirements of Part 1904. Section 1904.1(a)(1) says: 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 1904.41 or 1904.42. However, as required by 1904.39, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.