OSHA Enforcement Exemptions and Limitations Under the Appropriations Act
The Appropriations Act provides exemptions and limitations to OSHA's enforcement and compliance assistance activities for specific employers and farming operations that employ 10 or fewer employees. (See OSHA’s Instruction CPL 02-00-170, July 18, 2024)
Small Employers in Low-Hazard Industries
The small employer/low-hazard industry rider applies if both of the following criteria are met:
- If an employer has 10 or fewer employees currently and has not had more than 10 employees at any time during the previous 12 months, and
- The DART rate for the employer's industry is currently below the national DART average, per the most recently published BLS data.
If the small employer/low-hazard rider applies, then the employer is exempt from programmed safety inspections, and OSHA is prohibited from otherwise administering or enforcing its standards, rules, regulations, or orders unless one of the exceptions to the rider applies.
The listing of the North American Industry Classification System (NAICS) codes for industries that are exempt with limited enforcement activities under the Appropriations Act for 2024. (See OSHA Memo, November 14, 2024).
Below are the listings of the North American Industry Classification System (NAICS) codes for industries that were exempt under the appropriations act for previous years.