Appropriations Act

What is OSHA Enforcement Exemptions and Limitations Under the Appropriations Act?

The small employer/low-hazard industry rider applies if both of the following criteria are met:

1. 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
2. The Days Away, Restricted, or Transferred (DART) rate for the employer's industry by North American Industry Classification System (NAICS) code is currently below the national DART average, per the most recently published Bureau of Labor Statistics data.

If the small employer/low-hazard rider applies, then the employer is exempt from programmed safety inspections (Reference Field Operations Manual Chapter 02  - Compliance Programming, and OSHA is prohibited from otherwise administering or enforcing its standards, rules, regulations, or orders unless one of the exceptions to the rider applies.

What resources are available to assist small employers?

Safety and Health Programs

Example safety and health programs are available for employers to download and adapt to their specific conditions.

Training and Outreach Services

The education, training and technical assistance bureau provides free online safety and health training and outreach services (i.e., speaker's bureau requests, safety booths) upon request. 

Example presentations are available along with pre-recorded webinars which can be accessed at any time. 

In addition, the education, training and technical assistance bureau provides free online safety and health training and outreach services (i.e., speaker's bureau requests, safety booths) upon request. 

Consultation Services

The consultative services bureau provides free and confidential onsite consultation regarding worksite safety and health hazards.

Which standards apply?

OSH has adopted the following standards which are applicable to the appropriations act in North Carolina. This is not all inclusive.

Note: Please also check the standards information and activity webpage to see if there has been any recent or upcoming regulatory activity on this topic. 

North Carolina General Statutes

• NCGS 95-138(a) - civil penalties

Occupational Safety and Health Act

• 29 CFR 1903.15 - proposed penalties

General Industry

• 29 CFR 1910.142 - temporary labor camps

Agriculture

Recordkeeping

• 29 CFR 1904.1 - Partial exemption for employers with 10 or fewer employees 

Other Applicable Standards

The Which OSHA Standards Apply webpage can help identify other standards that may also be applicable to your worksite.

Where can I learn more?

Compliance Documents

• CPL 02-00-051 - Appropriations Act, federal instruction explains the limits for OSHA enforcement activity under the Federal Appropriations Act. The North American Industry Classification System (NAICS) codes in appendix A of  this instruction is revised on an annual basis. 
• Field Operations Manual Chapter 02  - Compliance Programming, FOM Chapter 03 - Inspection Procedures, FOM Chapter 06 - Penalties, FOM Chapter 08 - Fatality and Catastrophe Investigations, and FOM Chapter 09 - Complaints, Referrals and Accidents provides guidance related to the Appropriations Act.

Industry Guides

• Industry Guide 48 - OSHA Construction Industry Standards Requiring Programs, Inspections, Procedures, Records and/or Training includes requirements special requirements for construction.
• Industry Guide 49  - OSHA General Industry Standards Requiring Programs, Inspections, Procedures, Records and/or Training includes special requirements for general industry.
• Industry Guide 50 - OSHA Agriculture Standards Requiring Programs, Inspections, Procedures, Records and/or Training includes requirements for requirements in agriculture.

Technical Assistance

Inquiries about workplace safety and health requirements can be submitted to Ask OSH online or by phone at 919-707-7876.