Twenty-five states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have adopted their own standards and enforcement policies. For the most part, these states adopt standards that are identical to Federal OSHA. However, some states have adopted different standards applicable to this topic or may have different enforcement policies.
This section highlights OSHA standards, the Regulatory Agenda (a list of actions being taken with regard to OSHA standards), directives (instructions for compliance officers), and national consensus standards related to fire safety.
Recording and Reporting Occupational Injuries and Illness (29 CFR 1904)
1904.2, Partial exemption for establishments in certain industries
Note: These are NOT OSHA regulations. However, they do provide guidance from their originating organizations related to worker protection.
International Code Council (ICC)
About ICC: Introduction to the ICC. Includes information about the ICC which initiated a request for recognition of its codes by OSHA in May of 2004, with submission of a document in November of 2005 that details a section by section comparison and analysis of the IBC with OSHA's rules in Subpart E. After review of that document OSHA made a preliminary finding, as noted in an ANPRM, recognizing the IBC and IFC as compliant with the OSHA requirements.
Current Code Development Cycle. Includes information about the code development cycle, the National Institute of Standard's (NIST) World Trade Center Recommendations, disaster response, comparison of the International Building Code (IBC) with NFPA 5000, the Building Construction and Safety Code, as well as ICC policies and procedures.
National Fire Prevention Association (NFPA)
Codes & Standards. Develops, publishes, and disseminates more than 300 consensus codes and standards intended to minimize the possibility and effects of fire and other risks. Virtually every building, process, service, design, and installation in society today is affected by NFPA documents.
1, Uniform Fire Code
101, Life Safety Code
241, Standard for Safeguarding Construction, Alteration, and Demolition Operations
5000, Building Construction and Safety Code
Consensus Standards and the General Duty Clause
Using Consensus standards to support a 5(a)(1) Citation:
A consensus standard can be used to show "industry recognition" of a hazard. However, the hazard must be recognized in the employers' industry, not an industry other than the employers' industry.
is not used to enforce "should" standards.
is not used to required abatement methods not required by a specific standard.
is not normally used to cover categories of hazards exempted by an OSHA standard.
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 employee;
The general duty provisions can only be used where there is no standard that applies to the particular hazard involved.
Evaluation of Potential 5(a)(1) situations:
Employer failed to keep workplace free of hazards to which employees of that employer were exposed.
Must involve a serious hazard and employee exposure.
Does not specify a particular abatement method - only that the employer keeps the workplace free of serious hazards by any feasible and effective means.
The hazard must be reasonably foreseeable.
The hazard was recognized.
The hazard caused or was likely to cause death or serious physical harm.
Feasible means to correct the hazard were available.
U.S. Department of Labor | Occupational Safety & Health Administration | 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800-321-OSHA (6742) | TTY www.OSHA.gov
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