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Minnesota OSHA Compliance -- A Workplace Accident and Injury Reduction (AWAIR) program



New:  AWAIR Act change effective Aug. 1, 2016

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

An amendment to the AWAIR statute was passed by the Minnesota Legislature 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.

The AWAIR Act was passed by the Minnesota Legislature during the 1990 session (Laws of Minnesota, 1990, Chapter 508). The AWAIR Act, subdivision 8, requires that a covered employer establish a written workplace accident and injury reduction program that promotes safe and healthful working conditions and is based on clearly stated goals and objectives for meeting those goals.

Subdivision 9 of the statute requires the commissioner of the Department of Labor and Industry to adopt a list of standard industrial classification (SIC) codes or NAICS codes of employers that must comply with subdivision 8. To meet the mandate of the law, Minnesota injury and illness statistics are reviewed before the list is compiled based on the most recent available Minnesota occupational injuries and illnesses survey, which is conducted by the Minnesota Department of Labor and Industry in cooperation with the Bureau of Labor Statistics (BLS).


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 an 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:

  1. how 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 used to identify, analyze and control new or existing hazards, conditions and operations;

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

  4. how workplace accidents will be investigated and corrective action implemented;

  5. how 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.

View the most recent list of NAICS codes that must comply with the AWAIR Act.

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 will have until June 29, 2015 to comply.

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