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The DOL Considers the Trades Construction. Here's What it Means to Your Business.
6 March 2025
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.
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