Introduction to OSHA Standards

1. Introduction to OSHA Standards MODULE 4

2. 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

3. 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

4. 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

5. Important Parts of 29 CFR • Part 1903 Inspections, Citations and Proposed Penalties • Part 1904 Recording and Reporting Occupational Injuries and Illnesses • Part 1910 General Industry Standards • Part 1926 Construction Standards

6. Origin of OSHA Standards • Many OSHA standards were originally developed from three sources: • Consensus standards • Proprietary standards • Federal laws already in effect

7. 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

8. Consensus Standards • National in scope • Developed by a committee of experts within a particular field • Often developed through subject subcommittees

9. Examples of Consensus Standards • ANSI Standard B56.1-1969, Standard for Powered Industrial Trucks

10. Examples of Consensus Standards • NFPA No. 30-1969, Flammable and Combustible Liquids Code: source for Part 1910 Section 106

11. Proprietary Standards • Prepared by professional experts within specific industries, professional societies and associations • Determined by straight membership vote, not consensus

12. 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

13. 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

14. 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)

15. 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

16. 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

17. OSHA Standards Development

18. 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);

19. Standard Development Petitions • Other sources of petitions: • State and local governments; • Standards-producing organization; • Employer or labor representatives, or; • Any other interested person.

20. 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.

21. 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.

22. Standards Adoption • 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

23. 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

24. 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.

25. Emergency Temporary Standards (ETS) OSHA • 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

26. 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

27. Reading OSHA Standards

28. 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

29. 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

30. 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)

31. Reading Standards Arabic Number Lower Case Alphabetical • 29 CFR 1910.110(b)(13)(ii)(b)(7)(iii) • (b) Major Topic Paragraph; “Basic Rules” • (13) Paragraph Subsection; “LP-Gas in buildings”.

32. Reading Standards Lower Case Roman • 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)

33. Hazard / Violation Workshop • Workshop used throughout the course • Find any safety or health hazards • Find any standards applicable to the situation • Find any violation

34. Hazard / Violation Workshop • Example: An exit door is blocked from the outside • Find this in the 29 CFR 1910 Standards

35. Applicability of OSHA Standards

36. 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

37. 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

38. 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

39. Interpreting OSHA Standards

40. OSHA Tools for Interpreting Standards • Letters of Interpretation • Preambles (Federal Register) • Directives (CPL and DIR)

41. 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

42. Preambles • Explanation of intent behind regulations • Published with final rules in Federal Register • Never expire until rule is updated • Available on www.osha.gov

43. Directives • Policy or procedure for OSHA • Examples: • Enforcement and Compliance Directives (CPL) • Standards (STD) • Training and Education (TED) • Available on www.osha.gov