CPL 02-00-170 - Appropriations Act

This federal instruction explains the limits for OSHA enforcement activity under the Federal Appropriations Act. The instruction provides a link to the most recent Low-Hazard Industries Table, which lists industries that currently qualify as low-hazard for purposes of the Appropriations Act exemptions and limitations. In providing funding for OSHA on a year-by-year basis, Congress  includes exemptions and limitations in its annual appropriating legislation (i.e., “Appropriations Act” legislation) concerning two categories of small employers with 10 or fewer employees: farming operations and businesses in low-hazard industries. This instruction explains these exemptions and limitations. 

OSHA develops the low-hazard industries table yearly and uses statistics provided by Bureau of Labor and Statistics (BLS), to identify industries by North American Industry Classification System (NAICS) Code that have a Days Away, Restricted, or Transferred (DART) injury/illness rate less than the national DART average. This updated low-hazard industries list is effective for inspections opened the day after the incidence rate data is released by the BLS. 

This instruction cancels and replaces OSHA Instruction CPL 02-00-051 (CPL 2.-0.51J), May 28, 1998, and its supplemental memoranda and is effective November 8, 2024, in North Carolina.

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.

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