New OSHA Standard Impacts Real Estate Industry

By Osment, Chris | Journal of Property Management, November/December 2001 | Go to article overview

New OSHA Standard Impacts Real Estate Industry


Osment, Chris, Journal of Property Management


For more than two years, the Occupational Safety and Health Administration (OSHA) has been revising the record keeping standard (1904). After a lengthy comment period and adaptation of some suggestions and changes, it was announced on June 29th of this year that the new standard would go into effect January 1, 2002. As is to be expected, there are quite a few changes to the rule-the old forms have been replaced with new ones, and the stilted "legalese" wording that characterizes most governmental regulations has been discarded in favor of OSHA's new "plain English" approach. However, the most important change is not in the application of the rule itself, but in its altered scope.

True to its predecessor, the new rule maintains a list of "partially exempt" industries-these are business classifications which do not have to comply with any of the standard's requirements other than the unilateral requirement to notify OSHA of any incident involving an employee fatality or the hospitalization of three or more workers. In the previous incarnation of the record keeping rule, all businesses under the very broad real estate "umbrella" were included in the list of partially exempt industries. After reviewing the accident/injury data for the past several years (numbers supplied by the Bureau of Labor Statistics), OSHA modified the list of exempt industries with the result that a significant portion of the real estate industry will suffer from the change.

To differentiate between various industries, OSHA uses Standard Industrial Classification (SIC) codes. SIC codes are a two- to six- digit number that describe classes in increasing detail, with four-digit codes commonly used to represent an industry. For instance, the "family" code 65 represents Real Estate, while the code 6513 represents Operators of Apartment Buildings. While one large group, Real Estate Agents/Managers, has maintained their exempt status, nearly all other property management or leasing business are subject to the new rule. The accompanying table (See Table 1) summarizes the real estate family code and shows the affected/ exempted industries.

As is evident, the modification to the rule basically divides the real estate industry into two basic groups: basic "agents" (i.e., your Century-21 practitioners) on the one hand, and property management, leasing, and development companies on the other. This latter group is no longer classified as "partially exempt", meaning compliance with the requirements of the new standard is mandatory beginning in 2002 (unless they qualify for the second type of exemption-small size).

In addition to the list of partially exempt industries that is included in the record keeping standard, OSHA has waived compliance with the new standard for all businesses employing ten or fewer people at all points during the entire year.

However two important conditions apply to this loophole, as follows:

* "Number of employees" applies to the entire company, not per location. Therefore, a business with three employees at each of four branch locations would be regarded as having twelve employees by OSHA, and thus would be subject to the rule. Companies operating from a common bank account or federal tax ID number are considered a single company.

* Employee turnover has no effect on determining the employee size; the applicable figure is the highest number of employees at any one time.

Therefore, if you employed eleven or more employees at any point during 2001 (or expect to in 2002) and are in the list of "nonexempt industries", the new OSHA record keeping standard applies to you. That's the bad news; the good news is that complying with the rule, while not effortless, can be a relatively simple process.

The purpose of the record keeping regulation is to require companies in affected industries to maintain documentation of workplace incidents resulting in injuries. Therefore, the basic segments of the record keeping process involve using the appropriate forms to record data on injuries determined to be workrelated and recordable; in addition, an annual summary must be posted for employee perusal. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

New OSHA Standard Impacts Real Estate Industry
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.