There are twenty-eight OSHA-approved state plans, operating state-wide occupational safety and health programs. State Plans are required to have standard and enforcement programs that are at least as effective as OSHA's and may have different or more stringent requirements. 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)
1910 Subpart E, Means of egress
- 1910.33, Table of contents
- 1910.34, Coverage and definitions
- 1910.35, Compliance with alternate exit-route codes
- 1910.36, Design and construction requirements for exit routes
- 1910.37, Maintenance, safeguards, and operational features for exit routes
- 1910.38, Emergency action plans
- 1910.39, Fire prevention plans
- Appendix, Exit routes, emergency action plans, and fire prevention plans
- 1910 Subpart H, Hazardous materials
- 1910 Subpart K, Medical and first aid [related topic page]
- 1910.151, Medical services and first aid
- 1910 Subpart L, Fire protection [related topic page]
- 1910.157, Portable fire extinguishers
- 1910 Subpart N, Materials handling and storage
- 1910.176, Handling materials - general
- 1910 Subpart Z, Toxic and hazardous substances [related topic page]
- 1910.1201, Retention of DOT markings, placards and labels
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 require 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.
- Industry recognition
- Employer recognition
- Common-sense recognition
- The hazard caused or was likely to cause death or serious physical harm.
- Feasible means to correct the hazard were available.
- Compliance Policy for Manufacture, Storage, Sale, Handling, Use and Display of Pyrotechnics. CPL 02-01-053, (October 27, 2011).