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This page provides a brief overview of the United States Occupational Safety &
Health Administration (OSHA). |
Disclaimer
The material presented here is written for someone who has a good general knowledge of industrial operations, but who does
not possess a legal background. This document does not provide any type of legal advice or analysis - for actual
OSHA problems, consult a qualified attorney.
OSHA Standards
A brief overview of the way in which OSHA standards are structured is provided here. The process safety management standard
- CFR 1910.119 - is used as an example. The system of headings and sub-headings that OSHA uses is as follows:
Level 1 - (a)
Level 2 - (1)
Level 3 - (i)
Level 4 - (A)
Level 5 - {1}
Part 29
Regulations in the Federal Register are located in -Parts.- Almost all OSHA regulations are in Part 29, hence they usually start with the term 29 CFR, meaning Part 29 of the Code of Federal Regulations. Each part is then subdivided by number. Table 1 shows how Part 29 is divided.
Table 1
Parts of 29 CFR
PART 70 Production or Disclosure of Information or Materials
PART 70a Protection of Individual Privacy in Records
PART 1900 Reserved
PART 1901 Procedures for State Agreements
PART 1902 State Plans for the Development and Enforcement of State Standards
PART 1903 Inspections, Citations, and Proposed Penalties
PART 1904 Recording and Reporting Occupational Injuries and Illness
PART 1905 Rules of Practice
PART 1906 Administration Witness and Documentation in Private Litigation
PART 1908 Consultation Agreements
PART 1910 Occupational Safety and Health Standards
PART 1911 Rules of Procedure for Promulgating, Modifying or Revoking OSHA Standards
PART 1912 Advisory Committees on Standards
PART 1912a National Advisory Committee on OSHA
PART 1913 Rules Concerning OSHA Access to Employee Medical Records
PART 1915 Occupational Safety and Health Standards for Shipyard Employment
PART 1917 Marine Terminal
PART 1918 Safety and Health Regulations for Longshoring
PART 1919 Gear Certification
PART 1920 Procedure for Variations under Longshoremen-s Act
PART 1921 Rules of Practice in Enforcement under Section 41 of Longshoremen-s Act
PART 1922 Investigative Hearings under Section 41 of Longshoremen-s Act
PART 1924 Safety Standards Applicable to Workshops and Rehab. Facilities
PART 1925 Safety and Health Standards for Federal Service Contracts
PART 1926 Safety and Health Regulations for Construction
PART 1927 Reserved
PART 1928 Occupational Safety and Health Standards for Agriculture
PART 1949 Office of Training and Education, OSHA
PART 1950 Development and Planning Grants for Occupational Safety and Health
PART 1951 Grants for Implementing Approved State Plans
PART 1952 Approved State Plans for Enforcement of State Standards
PART 1953 Changes to State Plans for Development and Enforcement
PART 1954 Procedures for the Evaluation and Monitoring of Approved State Plans
PART 1955 Procedures for Withdrawal of Approval of State Plans
PART 1956 Plans for State and Local Government Employees without Approved Plans
PART 1960 Basic Program Elements for Federal Employees OSHA
PART 1975 Coverage of Employees under the Williams-Steiger OSHA 1970
PART 1977 Discrimination against Employees under OSHA Act of 1970
PART 1978 Rules for Implementing Section 405 of the STAA of 1982
PART 1990 Identification, Classification, and Regulation of Carcinogens
PART 2200 Rules of Procedure
Subparts
Each part of the regulation is divided into Subparts, which are identified by letters. The Subparts for 29 CFR 1910 are shown in Table 2-2. Process safety is 29 CFR 1910 Subpart H
- Hazardous Materials.
Table 2
Subparts of 29 CFR Part 1910
1910 Subpart A - General (1910.1 to 1910.8)
1910 Subpart B - Adoption and Extension of Established Federal Standards (1910.11 to 1910.19)
1910 Subpart C - General Safety and Health Provisions (1910.20 to 1910.20 App B)
1910 Subpart D - Walking-Working Surfaces (1910.21 to 1910.32)
1910 Subpart E - Means of Egress (1910.35 to 1910.40)
1910 Subpart F - Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms (1910.66 to 1910.70)
1910 Subpart G - Occupational Health and Environmental Control (1910.94 to 1910.100)
1910 Subpart H - Hazardous Materials (1910.101 to 1910.120 App E)
1910 Subpart I - Personal Protective Equipment (1910.132 to 1910.140)
1910 Subpart J - General Environmental Controls (1910.141 to 1910.150)
1910 Subpart K - Medical and First Aid (1910.151 to 1910.153)
1910 Subpart L - Fire Protection - Other Fire Protection Systems (1910.155 to 1910.165)
1910 Subpart M - Compressed Gas and Compressed Air Equipment (1910.166 to 1910.171)
1910 Subpart N - Materials Handling and Storage (1910.176 to 1910.190)
1910 Subpart O - Machinery and Machine Guarding (1910.211 to 1910.222)
1910 Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. (1910.241 to 1910.247)
1910 Subpart Q - Welding, Cutting, and Brazing (1910.251 to 1910.257)
1910 Subpart R - Special Industries (1910.261 to 1910.275)
1910 Subpart S - Electrical - Definitions (1910.301 to 1910.399)
1910 Subpart T - Commercial Diving Operations - Recordkeeping (1910.401 to 1910.441)
1910 Subpart U - [Reserved] (1910 Subpart U)
1910 Subpart V - [Reserved] (1910 Subpart V)
1910 Subpart W - [Reserved] (1910 Subpart W)
1910 Subpart X - [Reserved] (1910 Subpart X)
1910 Subpart Y - [Reserved] (1910 Subpart Y)
1910 Subpart Z - Toxic and Hazardous Substances (1910.1000 to 1910.1500)
Sections Of Subparts
Subparts are divided using numbers. Subpart H is divided into the range 101 to 120. The title for each of these is shown in Table 2-3. Process safety is 119. Therefore, the full title of the OSHA PSM standard is 29 CFR Subpart H 1910.119, often abbreviated to 29 CFR 1910.119, or even just 1910.119.
Table 3
29 CFR Part 1910
1910 Subpart H - Authority for 1910 Subpart H
1910.101 - Compressed gases (general requirements).
1910.102 - Acetylene.
1910.103 - Hydrogen.
1910.104 - Oxygen.
1910.105 - Nitrous oxide.
1910.106 - Flammable and combustible liquids.
1910.107 - Spray finishing using flammable and combustible materials.
1910.108 - Dip tanks containing flammable or combustible liquids.
1910.109 - Explosives and blasting agents.
1910.110 - Storage and handling of liquefied petroleum gases.
1910.111 - Storage and handling of anhydrous ammonia.
1910.112 - [Reserved]
1910.113 - [Reserved]
1910.114 - Effective dates.
1910.115 - Sources of standards.
1910.116 - Standards organizations.
1910.119 - Process safety management of highly hazardous chemicals.
1910.119 App A - List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory).
1910.119 App B - Block Flow Diagram and Simplified Process Flow Diagram (Nonmandatory).
1910.119 App C - Compliance Guidelines and Recommendations for Process Safety Management (Nonmandatory).
1910.119 App D - Sources of Further Information (Nonmandatory).
1910.120 - Hazardous waste operations and emergency response.
1910.120 App A - Personal protective equipment test methods.
1910.120 App B - General description and discussion of the levels of protection and protective gear.
1910.120 App C - Compliance guidelines.
1910.120 App D - References.
1910.120 App E - Training Curriculum Guidelines - (Non-mandatory)
General Duty Clause
When Congress passed the OSH Act in 1970, it recognized that the Occupational Safety & Health Administration (OSHA) could never write a regulation to cover every workplace hazard. Therefore, a general duty requirement was was included in the Act.
The requirement derives from paragraph 5.(a)(1), which states that each employer
"shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees". In other words, the employer must provide a safe workplace, regardless of whether OSHA has considered a particular hazard.
The following are key elements in determining when the general duty clause applies:
