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. All states have additional laws regulating pyrotechnics. The American Pyrotechnics Association maintains a directory of State Laws available in PDF format.
This section highlights selected OSHA standards and example enforcement actions related to retail sales of fireworks.
General Industry (29 CFR 1910)
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.
Evaluation of Potential 5(a)(1) situations:
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