Question: My establishment is in an industry listed on the “Non-Mandatory Appendix A to Subpart B - Partially Exempt Industries” but that NAICS code no longer exists in the 2017 NAICS coding system. Does that mean I need to start filling out the recordkeeping forms

Answer:

No. If your establishment is classified in one of the 2007 NAICS codes listed on the Partially Exempt Industries webpage, it is partially exempt for OSHA's recordkeeping requirements, even if a corresponding 2017 or 2022 code does not exist.

For more information, explore OSHA's Recordkeeping Requirements.

Question: How do I determine the correct NAICS code for my company or individual establishments in my company?

Answer:

1. You can use the search feature at the U.S. Census Bureau NAICS main webpage. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices.
2. Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main webpage. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
3. If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the "Concordances" link at the U.S. Census Bureau NAICS main webpage.
4. You may also contact your nearest OSHA office or State agency for help in determining your NAICS code.

For more information, explore OSHA's Recordkeeping Requirements.

Question: Do States with OSHA-approved State plans have the same industry exemptions as Federal OSHA?

Answer:

States with OSHA-approved plans may require employers to keep records for the State, even though those employers are within an industry exempted by the Federal rule.

For more information, explore OSHA's Recordkeeping Requirements.

Question: How do the 2007 to 2012 NAICS coding changes for the Full and Limited Service Restaurant Industries affect the exemption status of establishments in these industries?

Answer:

The list of partially exempt industries is based on 2007 NAICS codes. Under that coding system, restaurants are classified as NAICS 7221, Full-Service Restaurants, or NAICS 7222, Limited-Service Eating Places. Both of these industries are included in Appendix A to Subpart B of the Part 1904 regulation. The fact that these industries are now classified in 2012 NAICS 7225, Restaurants and Other Eating Places, does not change their partially exempt status.

For more information, explore OSHA's Recordkeeping Requirements.