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As a safety manager, you probably read news stating that “OSHA has issued a new Directive...” on some rule or regulation. Should you be concerned about these directives? Are they useful to you? Do they reflect new requirements?

Directives are not rules or regulations. They are statements of new or revised OSHA policy or procedure that represent the official position of the Agency but are not legally binding on employers. OSHA must publish legally binding documents applicable to employers, such as regulations and standards, in the Federal Register and codify them in the Code of Federal Regulations (CFR).

However, even though they may not be legally-binding documents, Directives can provide useful information to help you with your compliance efforts. They will often describe how OSHA inspectors should interpret a certain rule or regulation. This can help you, in turn, similarly interpret the standard to avoid citations, perhaps.

OSHA Directives vs. other communications

OSHA publishes Directives (Instructions or Directions) when the information it wishes to communicate is to remain in effect for more than one year and:

  • Establishes new policy or procedure;
  • Amends established policy or procedure;
  • Interprets the Occupational Safety and Health Act of 1970;
  • Delegates, assigns, or changes authority or responsibility;
  • Establishes or changes organizational structure;
  • Revises or cancels another OSHA Directive; or
  • Establishes a recurring report or reporting format.

OSHA publishes Notices to communicate short-term policy and procedure pronouncements that are not to remain in effect for more than one year.

All other written and electronic materials OSHA issues are Non-Policy Issuances (NPIs). NPIs include letters of interpretation, fact sheets, press kits, publications, health bulletins, e-mails, and routine correspondence.

Types of Directives

There are five types of OSHA Directives: Instructions, Notices, Directions, Regional Instructions, and Regional Notices.

There are also Supplementary Guidances, a category of non-policy issuance. These are usually prepared in response to a request for clarification or direction from an OSHA field office, a State Plan program, or a regulated entity. Supplementary Guidance clarifies or more clearly articulates Agency policy as published in the CFR, Federal Register, and/or OSHA Directives System.

Instructions

These are long-term policy and procedural pronouncements. Instructions may also be issued as Manuals.

Notices

These are short-term policy and procedural pronouncements that are expected to remain in effect for one year or less. They may transmit informational materials but may not amend an Instruction or Direction.

Directions

These are policy and procedural pronouncements that are issued on a fast track to take effect quickly in response to an urgent and immediate operational matter. They may remain in effect for up to 12 months. OSHA Directions have different formatting and clearance requirements than those for Instructions and Notices.

Regional Instructions

These are long-term policy and procedural pronouncements that apply only within the originating Region or office.

Regional Notices

These are short-term policy and procedural pronouncements that are expected to remain in effect for one year or less and that apply only within the originating Region or office. Knowing what OSHA directives mean will help you keep your workplace in compliance with OSHA’s requirements.

Key to Remember

Directives are not rules or regulations. They are statements of new or revised OSHA policy or procedure that represent the official position of the Agency but are not legally binding on employers.