introduction to osha standards
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Introduction to OSHA Standards. MODULE 4. 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 - PowerPoint PPT PresentationTRANSCRIPT
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