How do NAICS coding changes affect the partial exemption status under 29 CFR 1904 Subpart B Appendix A for establishments in impacted industries?

The latest list of partially exempt industries found at 29 CFR 1904 Subpart B Appendix A was promulgated on September 18, 2014, and based on the 2007 North American Industry Classification System (NAICS) codes. Under the NAICS system, an industry could be classified as one code number in 2007 but a different code number in 2012, 2017, 2022, and/or later. If the industry is included in Appendix A with a given NAICS 2007 code number, the fact that an industry is later classified as a different NAICS code number in the years after 2007 does not change its partially exempt status. However, in the future, OSHA may choose to update Appendix A, and at that point, establishments will want to redetermine if their industry is partially exempted or not based on the specific NAICS codes used in the updated regulation. Source: OSHA Recordkeeping FAQ ID 591.