29 CFR 1904.2: OSHA Industry Exemptions and Construction
Workplace safety compliance requires construction estimators, trade subcontractors, and general contractors to understand federal recordkeeping thresholds. Under federal safety standards, certain low-hazard industries do not have to maintain routine injury and illness logs. However, under 29 CFR 1904.2, these industry-based partial exemptions apply strictly to specific industry groups identified by the federal government. Construction firms operate in non-exempt industry groups, meaning their jobsite establishments remain subject to full recording obligations unless a separate small-employer size exemption applies.
The Scope of Partial Exemption Under Appendix A
Under 29 CFR 1904.2(a)(1), an employer does not need to keep routine workplace injury and illness records only if the business establishment is classified within a specific industry group listed in appendix A to subpart B of Part 1904. Appendix A designates particular low-hazard industry sectors that are excused from regular log maintenance.
When an establishment falls outside the designated groups listed in appendix A, it is classified as a non-exempt industry. Under 29 CFR 1904.2(a)(2), if one or more establishments operated by a company belong to a non-exempt industry, the employer must keep OSHA injury and illness logs for every one of those non-exempt establishments. The only relief from this baseline standard is if the firm qualifies for a partial exemption based on size under § 1904.1. For general contractors and trade subcontractors, standard building and trade activities do not appear on the partially exempt list in appendix A, meaning routine logging cannot be skipped based on industry type alone.
Establishment-Based Classification vs. Company-Wide Operations
A central requirement of 29 CFR 1904.2(b)(1) governs how partial exemptions apply across multi-facility or multi-unit businesses. The regulation states that the partial industry classification exemption applies to individual business establishments rather than the overall corporate entity.
If a single company operates multiple business establishments that engage in different classes of business activities, some individual establishments might be required to maintain injury logs while other establishments owned by the same company could be partially exempt. For contractors managing administrative corporate headquarters alongside active operational yards or fabrication facilities, each location must be evaluated under its own classification. When managing records across locations, estimators and project managers should coordinate with an established contractor recordkeeping checklist to track documentation rules across different branches of the business.
Mandatory Severe Injury and Fatality Reporting Under § 1904.39
A common misconception is that a partial industry exemption relieves an employer from all communication with safety regulators. Even if an establishment falls into an exempt classification under appendix A, 29 CFR 1904.2(a)(1) explicitly specifies that every employer remains subject to incident reporting mandates under § 1904.39.
Regardless of industry group or establishment exemption status, all employers must directly report to OSHA any workplace incident that causes:
- An employee fatality;
- An in-patient hospitalization;
- An amputation; or
- The loss of an eye.
Because severe trauma and fatality reporting cannot be waived by an industry classification, no construction firm or trade specialty employer can disregard workplace incidents resulting in these specific outcomes.
Government Information Requests Under § 1904.41 and § 1904.42
The partial industry exemption provided by 29 CFR 1904.2 is also conditional. Section 1904.2(a)(1) establishes that an otherwise exempt establishment must still record and maintain workplace injury and illness data if specifically requested by the federal government.
Under § 1904.41, the government may direct an employer to submit recordkeeping information as part of federal data collection initiatives. Under § 1904.42, an employer must maintain and provide records if selected to participate in a statistical survey conducted by the Bureau of Labor Statistics. When formal requests are issued under either § 1904.41 or § 1904.42, establishments cannot cite appendix A as a reason to refuse data collection or logging duties.
Three Census Bureau Methods for Verifying NAICS Codes
To establish whether an establishment is subject to the rule or listed in appendix A, the employer must determine its correct North American Industry Classification System (NAICS) code. Under 29 CFR 1904.2(b)(2), employers may contact their nearest OSHA office or State agency for assistance, or utilize three specific determination methods:
- Keyword Search: Use the search feature on the U.S. Census Bureau NAICS main website (http://www.census.gov/eos/www/naics/). Entering a keyword describing the primary business activity generates a list of primary activities and corresponding NAICS codes. The employer selects the code that most closely corresponds to primary business operations.
- Sector Code Review: Review the complete NAICS structure with codes and titles directly on the U.S. Census Bureau page. The employer clicks on the relevant two-digit Sector code to view all associated industry codes, then reviews the specific six-digit code to read the official definition, index items, and cross-references.
- SIC Concordance Conversion: If an employer only knows its former 1987 Standard Industrial Classification (SIC) code, it can identify the corresponding 2002 NAICS code by downloading the detailed conversion concordance file available in Excel format from the Census Bureau website.
Recordkeeping Compliance for Trade Subcontractors and GCs
Because construction trades fall into non-exempt NAICS groups, contractors cannot rely on industry exemptions to avoid documentation. Maintaining logs protects companies during compliance audits and ensures proper administrative tracking. For project teams organizing their annual logs and incident reports, reviewing an OSHA 300 log recordkeeping quick guide for contractors helps ensure field teams record qualifying cases correctly throughout the project cycle.
Sources
Published November 9, 2026. No affiliate links on this page. Facts come from the sources linked above; check them for updates.