Throughout OSHA regulations, you will find references to industry consensus standards such as those in Subpart I — Personal Protective Equipment. These PPE regulations refer to ANSI standards as the safety criteria manufacturers must meet when producing eye, face, head, and foot protective equipment. OSHA requires employers to purchase personal protective equipment that bears the ANSI mark to ensure that the equipment provides the maximum protection for the wearers.
OSHA does not include industry consensus standards in the regulations; rather, it refers employers to various consensus standards as the safety procedures and specifications that must be met in the workplace. This referral procedure is called “incorporation by reference.”
Incorporation by reference was established by statute and allows federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. The legal effect is that the material is treated as if it were published in full in the Federal Register and, like any other properly issued regulation, has the force of law.
In some cases, OSHA may not incorporate by reference a particular industry standard, but it may hold employers to that industry standard under the General Duty Clause of the OSH Act, recognizing that the industry standard contains best practices the employer should use. For instance, ANSI/ISEA Z308.1, Minimum Requirements for Workplace First Aid Kits and Supplies, has not been adopted by OSHA. However, ANSI/ISEA Z308.1 provides detailed information regarding the contents and types of various first aid kits; OSHA has often referred employers to ANSI/ISEA Z308.1 as a source of guidance for the minimum requirements for first aid kits.
Where an OSHA standard incorporates an old consensus standard, what is the significance of an updated industry consensus standard?
Under OSHA’s de minimis policy, where OSHA has adopted an earlier consensus standard, employers who are in compliance with the updated version will not be cited for a violation of the old version as long as the new one is at least equally protective.
Remember, though, that where an OSHA standard incorporates an earlier consensus standard, the only way the OSHA standard can be changed to adopt the new version is through rulemaking. For example, OSHA’s aerial lift standard references ANSI A92.2-1969. Even though ANSI A92.2 has been revised, the OSHA aerial lift standard continues to require only compliance with the 1969 standard. There is no automatic adoption of the more current industry consensus standard.
Industry consensus standards are just that, a voluntary standardization system for private industry. They set conformity and uniformity criteria for the development and manufacture of a great volume of products. This criteria is developed by committees of qualified representatives from industry, labor, and government agencies. In many instances, U.S. consensus standards are adopted in whole or in part as international standards.
Some organizations that publish consensus standards include: