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OSHA Standards

State Standards

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)

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.

Section 5(a)(1):

  • 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.

Section 5(a)(1):

  • 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.

*Accessibility Assistance: Contact OSHA's Directorate of Technical Support and Emergency Management at (202) 693-2300 for assistance accessing PDF materials.

All other documents, that are not PDF materials or formatted for the web, are available as Microsoft Office® formats and videos and are noted accordingly. If additional assistance is needed with reading, reviewing or accessing these documents or any figures and illustrations, please also contact OSHA's Directorate of Technical Support and Emergency Management at (202) 693-2300.

**eBooks - EPUB is the most common format for e-Books. If you use a Sony Reader, a Nook, or an iPad you can download the EPUB file format. If you use a Kindle, you can download the MOBI file format.

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