1. Introduction to OSHA Standards MODULE 4

2. 2©2006 TEEX Code of Federal Regulations (CFR)  A system of organization for the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government  The CFR is divided into 50 titles which cover broad areas subject to Federal regulation

3. 3©2006 TEEX 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

4. 4©2006 TEEX Code of Federal Regulations (CFR)  Examples of what the different titles cover:  Title 3The President  Title 10Energy  Title 21Food and Drugs  Title 29Labor  Title 40Protection of Environment  Title 49Transportation

5. 5©2006 TEEX 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

6. 6©2006 TEEX Important Parts of 29 CFR  Part 1903Inspections, Citations and Proposed Penalties  Part 1904Recording and Reporting Occupational Injuries and Illnesses  Part 1910General Industry Standards  Part 1926Construction Standards

7. 7©2006 TEEX Origin of OSHA Standards  Many OSHA standards were originally developed from three sources:  Consensus standards  Proprietary standards  Federal laws already in effect

8. 8©2006 TEEX 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

9. 9©2006 TEEX Consensus Standards  National in scope  Developed by a committee of experts within a particular field  Often developed through subject subcommittees

10. 10©2006 TEEX Examples of Consensus Standards  ANSI Standard B56.1-1969, Standard for Powered Industrial Trucks

11. 11©2006 TEEX Examples of Consensus Standards  NFPA No. 30-1969, Flammable and Combustible Liquids Code: source for Part 1910 Section 106

12. 12©2006 TEEX Proprietary Standards  Prepared by professional experts within specific industries, professional societies and associations  Determined by straight membership vote, not consensus

13. 13©2006 TEEX 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

14. 14©2006 TEEX 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

15. 15©2006 TEEX 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)

16. 16©2006 TEEX 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

17. 17©2006 TEEX 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

18. 18©2006 TEEX Horizontal and Vertical Standards  Distinction extends within sub-divisions and individual paragraphs of OSHA standard (example: Portable Powered Tools)  Horizontal: Employer responsible for safe condition whether furnished by employer or employee  Vertical: Hand held circular saw shall have a constant pressure on/off switch

19. OSHA Standards Development

20. 20©2006 TEEX 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);

21. 21©2006 TEEX Standard Development Petitions  Other sources of petitions:  State and local governments;  Standards-producing organization;  Employer or labor representatives, or;  Any other interested person.

22. 22©2006 TEEX 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.

23. 23©2006 TEEX 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.

24. 24©2006 TEEX  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

25. 25©2006 TEEX 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

26. 26©2006 TEEX 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.

27. 27©2006 TEEX 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

28. 28©2006 TEEX 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

29. Reading OSHA Standards

30. 30©2006 TEEX 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 www.osha.gov

31. 31©2006 TEEX 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.:  1910.21Definitions  1910.22General Requirements  1910.23Guarding Floor and Wall Openings and Holes  1910.24Fixed Industrial Stairs

32. 32©2006 TEEX  Subpart D - Walking and Working Surfaces  Subpart E - Exit Routes, Emergency Action Plans, and Fire Prevention Plans  Subpart F - Powered Platforms  Subpart G - Occupational Health and Environmental Control  Subpart H - Hazardous Materials  Subpart I - Personal Protective Equipment Part 1910 Major Subparts

33. 33©2006 TEEX Part 1910 Major Subparts  Subpart J - General Environmental Controls  Subpart K - Medical and First Aid  Subpart L - Fire Protection  Subpart M - Compressed Gas  Subpart N - Materials Handling  Subpart O - Machinery and Machine Guarding  Subpart P - Tools

34. 34©2006 TEEX Part 1910 Major Subparts  Subpart Q - Welding, Cutting & Brazing  Subpart R - Special Industries  Subpart S - Electrical  Subpart T - Commercial Diving  Subpart Z - Toxic and Hazardous Substances  Each Subpart is then broken down into Sections

35. 35©2006 TEEX Subpart D Walking-Working Surfaces  1910.21Definitions  1910.22General Requirements  1910.23Guarding Floor and Wall Openings and Holes  1910.24Fixed Industrial Stairs  1910.25Portable Wood Ladders  1910.26Portable Metal Ladders  1910.27Fixed Ladders  1910.28Safety Requirements for Scaffolding  1910.29Manually Propelled Mobile Ladders and Scaffolds  1910.30Other Working Surfaces  1910.31Sources of Standards  1910.32Standards Organizations

36. 36©2006 TEEX 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)

37. 37©2006 TEEX 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

38. 38©2006 TEEX 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

39. 39©2006 TEEX Color Coding  Color coding may be useful for standards without formatting 29 CFR 1910.110 (b)(13)(ii) (b)(7)(iii) Title Code of Fed. Reg. PartSection Pink - Full Column Width Yellow - Full Column Width Dot Yellow - Arabic Number

40. 40©2006 TEEX Hazard / Violation Workshop  Workshop used throughout the course  Find any safety or health hazards  Find any standards applicable to the situation  Find any violation

41. 41©2006 TEEX  Example: An exit door is blocked from the outside  Find this in the 29 CFR 1910 Standards Hazard / Violation Workshop

42. Applicability of OSHA Standards

43. 43©2006 TEEX 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

44. 44©2006 TEEX 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

45. 45©2006 TEEX 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

46. Interpreting OSHA Standards

47. 47©2006 TEEX OSHA Tools for Interpreting Standards  Letters of Interpretation  Preambles (Federal Register)  Directives (CPL and DIR)

48. 48©2006 TEEX 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.govwww.osha.gov

49. 49©2006 TEEX Preambles  Explanation of intent behind regulations  Published with final rules in Federal Register  Never expire until rule is updated  Available on www.osha.govwww.osha.gov

50. 50©2006 TEEX Directives  Policy or procedure for OSHA  Examples:  Enforcement and Compliance Directives (CPL)  Standards (STD)  Training and Education (TED)  Available on www.osha.govwww.osha.gov