The DOL Considers the Trades Construction. Here's What it Means to Your Business.
You might not think you're in the construction industry, but the Department of Labor has its own definition... and regulations.
"I'm a service provider, not construction..."
If the Department of Labor disagrees, they'll fine you!
All companies with NAICS code starting with 23 are considered Construction, including many residential service providers:
HVAC & Plumbing NAICS Code = 238220
Electrical NAICS Code = 238210
Garage Door NAICS Code = 238350
Roofing NAICS Code = 238160
What does this mean if you fall into this category? Just a few callouts:
You cannot use the 7(i) Overtime exemption "Commission Employees of a Retail/Service Establishment."
Your Safety Manual must have construction-based policies that may not 100% relate to your operation.
Some of the annually required OSHA safety training topics may not 100% relate to your operation.
If you have more than 20 employees, you need to submit your OSHA 300A form to OSHA before March 2 each year.
Don't shoot the messenger... Just take steps to fix KNOWN vulnerabilities to your Brand. You know where to find us if you need help.
