March 1, 2004—The list of low-hazard industries in which small business employers are exempt from OSHA programmed safety inspections will remain the same as for 2003, the Agency has just announced. The exemption is for industries with lost workday injury (LWDI) rates below the national private sector rate of 2.6 for 2001.
OSHA traditionally revises the list every year in accordance with the latest Bureau of Labor Statistics LWDI data to update the list of exempt industries. However, this year the appendix cannot be updated due to changes in OSHA’s recordkeeping rule that affect the manner in which BLS reports occupational injuries. OSHA is currently working with Congress to again permit the use of the latest BLS data.
OSHA’s directive Enforcement Exemptions and Limitations under the Appropriations Act remains in effect. Inspections that began on or after January 7, 2003 must use the current list in Appendix A (also updated January 7, 2003) of the directive.
