Introduction to OSHA StandardsMODULE 4

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Code of Federal Regulations (CFR)

50 titles covering Federal laws passed by different branches of government

Regulations first published or revised in the Federal Register

CFR updated annually with revisions and new regulations

OSHA regulations updated each July 1st

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Code of Federal Regulations (CFR)

Examples of what the different titles cover:

Title 3 The President

Title 10 Energy

Title 21 Food and Drugs

Title 29 Labor

Title 40 Protection of Environment

Title 49 Transportation

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Code of Federal Regulations (CFR)

Title 29 reserved for Labor

Titles divided into chapters which bear the name of the issuing agency

OSHA is designated Title 29-Labor, Chapter XVII

Each chapter subdivided into parts covering specific regulatory areas

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Important Parts of 29 CFR

Part 1903 Inspections, Citations and

Proposed Penalties

Part 1904 Recording and Reporting

Occupational Injuries and Illnesses

Part 1910General Industry Standards

Part 1926Construction Standards

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Origin of OSHA Standards

Many OSHA standards were

originally developed from

three sources: Consensus standards

Proprietary standards

Federal laws already in effect

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Consensus Standards

Developed by industry-wide standard developing organizations: American National Standards Institute

(ANSI) National Fire Protection Association (NFPA)

Discussed and substantially agreed upon through member consensus

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Consensus Standards

National in scope

Developed by a committee of experts

within a particular field

Often developed through subject

subcommittees

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Examples of Consensus Standards

ANSI Standard B56.1-1969, Standard

for Powered Industrial Trucks

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Examples of Consensus Standards

NFPA No. 30-1969, Flammable and Combustible Liquids Code: source for Part 1910 Section 106

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Proprietary Standards

Prepared by professional experts within specific industries, professional societies and associations

Determined by straight membership vote, not consensus

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Examples of Proprietary Standards

Compressed Gas Association, Pamphlet P-1, Safe Handling of Compressed Gasses in Containers

American Conference of Governmental Industrial Hygienists (ACGIH), Threshold Limit Values (TLVs)

API RP 54, Recommended Practice for Occupational Safety for Oil and Gas Well Drilling and Servicing Operations

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Relation of Proprietary and Consensus Standards to OSHA Standards

Not enacted as OSHA standard directly unless incorporated by reference in text

Citation possible under General Duty Clause, 5(a)(1) if: Employees were exposed to hazard Hazard was recognized Hazard caused or was likely to cause death

or serious harm There was a feasible and useful method to

correct the hazard

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Pre-Existing Federal Law

Some preexisting federal laws were enforced

prior to OSHA including:

Federal Supply Contracts Act (Walsh-Healey)

Federal Service Contracts Act (McNamara-

O’Hara)

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Horizontal and Vertical Standards

Some standards are horizontal meaning “general”, or “across the board”

Horizontal standards could apply to any employer in any industry

Examples of horizontal standard: Hazard Communication Standard

Walking and Working Surfaces

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Horizontal and Vertical Standards

Vertical standards are specific only to a particular industry: Pulp, paper, and paperboard mills

(1910.261)

Textiles (1910.262)

Sawmills (1910.265)

Logging operations (1910.266)

No Federal vertical standard for oil and gas well drilling or servicing

OSHA Standards Development

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Standard Development Petitions

OSHA can begin standards-setting procedures on its own initiative, or in response to petitions from other parties, including: Secretary of Health and Human Services

(HHS); National Institute for Occupational Safety

and Health (NIOSH); U.S. Environmental Protection Agency

(EPA);

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Standard Development Petitions

Other sources of petitions: State and local governments; Standards-producing organization; Employer or labor representatives,

or; Any other interested person.

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Advisory Committees

If OSHA determines that a specific standard is needed, any of several advisory committees may be called upon to develop specific recommendations.

All advisory committees must have members representing management, labor and state agencies.

H&S professions and the general public also may be represented.

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Advisory Committees

National Advisory Committee on Occupational Safety and Health (NACOSH) advises the Secretary of HHS and the

Secretary of Labor on matters regarding administration of the Act.

Advisory Committee on Construction Safety and Health advises the Secretary of Labor on formulation of construction safety and

health standards and other regulations.

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OSHA intentions to propose, amend, or revoke a standard are published in the Federal Register Notice of Proposed Rulemaking Request for Information

Provides time for the public to respond Sets up public hearings

Standards Adoption

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Standards Adoption

"Advance Notice" or "Request for Information" may be used to solicit information that can be used in drafting a proposed standard

Usually provide 60 days or more for the public to respond

Public hearings then scheduled

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Standards Adoption

After the close of the comment period and any public hearing that is held, OSHA must publish in the Federal Register: The full, final text of any standard amended or

adopted; The date it becomes effective; An explanation of the standard and the reasons

for implementing it (Preamble).

Preambles help with standard interpretation.

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Emergency Temporary Standards (ETS)

ETS’s take effect immediately! OSHA must determine that

workers are in grave danger due to exposure to toxic substances or agents

determined to be toxic or physically harmful or to new hazards

OSHA publishes ETS in Federal Register ETS serves as a proposed permanent standard

OSHA has had only one ETS in its history

OSHA

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Appealing a Standard

May file a petition for judicial review within 60 days of the rule's promulgation with the U.S. Court of Appeals for the circuit in which the objector lives or has

his or her principal place of business.

Appeals petition will not delay enforcement unless the Court of Appeals specifically orders it

Reading OSHA Standards

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Major Subparts in 29 CFR 1910 and 1926 for Oil and Gas Operations

Found in “Oil and Gas and Petrochemical: The Complete OSHA Guide” 1903, 1904, 1910, 1926 Interpretations and forms also included

Up-to-date version found on www.osha.gov

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Organization of a Subpart

Subpart for major chunks of regulation e.g. 29 CFR 1910 Subpart D - Walking and

Working Surfaces Divided into sections, e.g.:

1910.21 Definitions 1910.22 General Requirements 1910.23 Guarding Floor and Wall

Openings and Holes 1910.24 Fixed Industrial Stairs

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Reading Standards

29 CFR 1910.110(b)(13)(ii)(b)(7)(iii) 29 United States Code Title CFR Code of Federal Regulations 1910 Part - Part 1910 covers General

Industry 110 Section Number (Section 110 falls under

Subpart H; Hazardous Materials)

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Reading Standards

29 CFR 1910.110(b)(13)(ii)(b)(7)(iii)

(b) Major Topic Paragraph; “Basic Rules” (13) Paragraph Subsection; “LP-Gas in

buildings”.

Lower Case Alphabetical

Arabic Number

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Reading Standards

29 CFR 1910.110(b)(13)(ii) (b)(7)(iii)

Next subdivision: lower case roman numeral After this the paragraph number sequence

begins again as before, but using italics (After 1979, fourth set of parentheses uses

capital letter instead of lower case italicized)

Lower Case Roman

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Hazard / Violation Workshop

Workshop used throughout the course Find any safety or health hazards Find any standards applicable to the

situation Find any violation

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Example: An exit door is blocked from the outside

Find this in the 29 CFR 1910 Standards

Hazard / Violation Workshop

Applicability of OSHA Standards

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Which standard applies?

Depends on activity or industry 1903 and 1904 always apply 1926 applies for construction operations

Site preparation, grading Rig up / rig down

1910 applies for most other operations When in doubt, apply the most stringent

standard

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Which non-OSHA standards apply?

Standards incorporated by reference Named in standard, e.g.

API-ASME Code for Unfired Pressure Vessels for Petroleum Liquids and Gases, 1951 edition with 1954 Addenda, in 29 CFR 1910.110(b)(3)(iii)

ANSI Z89.1-1986, head protection, in 29 CFR 1910.135(b)(1)

Legally binding May refer to a specific year of a consensus

standard OSHA may update/remove references to outdated

standards, e.g. API 12A

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Which non-OSHA standards apply?

Under 5(a)(1): API RP 54, RP 4G, and other relevant

standards Manufacturer recommendations / manuals Standards protecting against commonly

recognized hazards Employer’s own documents

Interpreting OSHA Standards

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OSHA Tools for Interpreting Standards

Letters of Interpretation Preambles (Federal Register) Directives (CPL and DIR)

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Letters of Interpretation

Can contact OSHA for interpretation of a standard

Answers based heavily on preambles to regulations

Can be superseded by later letters Responses posted on www.osha.gov

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Preambles

Explanation of intent behind regulations Published with final rules in Federal

Register Never expire until rule is updated Available on www.osha.gov

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Directives

Policy or procedure for OSHA Examples:

Enforcement and Compliance Directives (CPL)

Standards (STD) Training and Education (TED)

Available on www.osha.gov