Standard Interpretations - Table of Contents|
| Standard Number:||1910.119; 1910.119(a)(2)(ii); 1910.119(b)|
Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies . . . exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health. This provision of the OSH Act prohibits OSHA from regulating working conditions when another Federal agency has statutory authority to prescribe or enforce standards or regulations covering occupational safety and exercises such authority.Applying Section 4(b)(1), the U.S. Supreme Court has ruled that the issuance of safety regulations that apply to a given industry by another Federal agency does not automatically displace OSHA from using its statutory authority to protect workers in that industry (Chao v. Mallard Bay Drilling, Inc., 524 U.S. 235 (2002)). In order to determine whether another agency has exercised its authority by issuing an applicable regulation, a case-by-case analysis is generally required to determine whether that agency has issued a specific regulation that directly applies to a particular scenario involving worker safety. If so, OSHA can be displaced in that particular instance.1
|Standard Interpretations - Table of Contents|
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