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AWAIR Act change effective Aug. 1, 2016

The law regulating the A Workplace Accident and Injury Reduction (AWAIR) Act changed Aug. 1, 2016.

The Minnesota Legislature passed an amendment to the AWAIR statute during the 2016 session that lengthens the timeframe for updating the AWAIR list from every two years to every five years. Therefore, the current list – adopted Dec. 19, 2014 – will be updated in 2019. The current list of employers, based on the North American Industry Classification System (NAICS), is posted below.

About the AWAIR Act, required programs

On Jan. 1, 1991, Minnesota adopted an amendment to Minnesota OSHA statutes that requires many employers to develop and use a formal safety and health program, known commonly as A Workplace Accident and Injury Reduction (AWAIR) program. Employers engaged in certain specific industrial classification codes are required by this legislation to develop and implement a written safety and health program with specific actions designed to reduce the incidence of workplace accidents and injuries. During 2005, the Minnesota Legislature amended Minnesota OSHA statutes to allow the usage of NAICS codes in the AWAIR list.

An employer covered by this section must establish a written AWAIR program that includes how:

  1. managers, supervisors and employees are responsible for implementing the program and how continued participation of management will be established, measured and maintained;

  2. the methods will be used to identify, analyze and control new or existing hazards, conditions and operations;

  3.  the program will be communicated to all affected employees so they are informed of work-related hazards and controls; and

  4. workplace accidents will be investigated and corrective action implemented; safe work practices and rules will be enforced.

An employer must conduct and document a review of the workplace accident and injury reduction program at least annually and document how the procedures included in the program are being met.

Am I included?

A Workplace Accident and Injury Reduction Program 5208.1500 Standard Industrial Classification list for AWAIR – Employers in the North American industry classifications listed in this part must comply with Minnesota Statutes, section 182.653, subdivision 8. The North American industry classifications in this part are those defined by the Office of Management and Budget, published in the North American Industry Classification System, 2002 edition.

Note:  An employer must comply within six months of its NAICS code being placed on the list. The effective date of this update is Dec. 29, 2014; therefore, employers within the NAICS codes on the list had until June 29, 2015 to comply.