This 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. This instruction applies statewide and was originally effective on May 28, 1998. The most current NAICS code appendix is for the year 2022 and was published by the Bureau of Labor Statistics  (BLS) on November 8, 2023. Therefore, OSHA considers the appendix effective the following day, November 9, 2023. It will remain in effect until revised or canceled by the director.

According to this memo, enforcement activity in North Carolina will be scheduled and conducted in accordance with the guidelines set forth in this instruction and the most current Appendix A. The memorandum from Douglas L. Parker (attached) with the most current NAICS appendix states that if the employer has had 10 or fewer employees currently and at all times during the previous 12 months, and the Days Away, Restricted, or Transferred (DART) rate for the employer’s primary NAICS is below the all-industry national average, the compliance safety and health officer (CSHO) will not conduct an inspection. However, the CSHO is only prohibited from conducting programmed safety inspections.

Note: The OSH Division was notified by OSHA of the updated Appendix A on March 6, 2024. OSHA later contacted all state plans on April 11, 2024, to inform them, going forward, that the effective date for the Appropriations Act will be the day after the BLS releases their data, not the date of OSHA’s annual memo as it was in previous years. The cover sheet was updated on the date of signature, but the effective date is November 9, 2023.

Additional resources and information can be found on the safety and health topic page for Appropriations Act.  Also reference 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 for additional information related to the Appropriations Act.

Current and Previous Appendices 

Division/Office
OSH Enforcement Procedures
Compliance Directive