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OSHA 1910.11

Adoption and applicability

Subpart B

19 Questions & Answers
10 Interpretations

Questions & Answers

Under 1910.11(a), what did OSHA adopt and to whom does it apply?

Under 1910.11(a) OSHA adopted and extended the applicability of Federal safety and health standards that were in effect on April 28, 1971 to every employer, employee, and employment covered by the OSH Act. See 1910.11(a) for the adoption language. This means employers and workers covered by the Act must follow those substantive safety and health rules incorporated by this provision.

Does 1910.11(b) adopt interpretive guidance, policy statements, or other non-substantive materials from the referenced parts?

No. Section 1910.11(b) adopts only substantive safety and health standards, not interpretive guidance, policy discussions, or other non-substantive materials from referenced parts. See 1910.11(b). OSHA makes clear that discussions of coverage, penalty provisions, and interpretive rules in the referenced parts are not incorporated by reference into Subpart B.

Under 1910.11, if a provision in part 1926 mentions an interpretive rule for the Construction Safety Act that has no relevance to general industry, is that interpretive rule adopted for general industry?

No. 1910.11(b) states that incorporations by reference are not intended to include interpretive rules that have no relevance to the Occupational Safety and Health Act application; thus such construction-specific interpretive rules are not adopted for general industry. See 1910.11(b) and the example referencing part 1926 in that paragraph.

Under 1910.12, how does OSHA incorporate standards from the construction standards (part 1926) into general industry?

Under 1910.12 OSHA incorporates selected construction standards by reference into general industry where appropriate; the incorporation is limited to substantive safety and health requirements and does not bring in unrelated interpretive materials. See 1910.12 and note the limitation described in 1910.11(b). This means employers should follow incorporated construction rules only as they apply substantively to general industry tasks.

Does the incorporation by reference of parts 1915–1918 into Subpart B mean OSHA also adopted those parts' discussions of the Longshoremen's and Harbor Workers' Compensation Act or penalty provisions?

No. The incorporations by reference of parts 1915–1918 are limited to substantive safety and health standards and do not include discussions of the Longshoremen's and Harbor Workers' Compensation Act or penalty provisions. See 1910.11(b) which explicitly excludes such non-substantive material from adoption.

If an employer finds a guidance note or appendix in an incorporated part, is that note automatically an enforceable OSHA requirement under 1910.11?

No. Under 1910.11(b) only substantive rules are adopted; guidance notes, appendices, and similar explanatory material in the referenced parts are not automatically enforceable as OSHA requirements. See 1910.11(b). Employers should follow the adopted standards themselves, and may use guidance materials for clarification but cannot treat those non-adopted materials as binding standards.

Can an employer rely on an interpretive letter from OSHA about a part that was incorporated by reference to change compliance obligations under 1910.11?

An OSHA letter of interpretation can clarify how a standard applies, but 1910.11(b) means only the substantive standard was adopted—not unrelated interpretive text—so employers should follow the substantive standard and consider OSHA letters as guidance. See 1910.11(b). For practical clarifications, consult relevant OSHA interpretation letters (for example, the Asbestos remediation protocols interpretation that explains how asbestos work is covered by the construction asbestos standard).

Under 1910.11, are employers who perform repair or maintenance work involving asbestos always covered by the general industry asbestos standard (1910.1001)?

No. OSHA has explained that repair and maintenance activities involving asbestos-containing building materials are generally covered by the construction asbestos standard, not the general industry standard. See the Asbestos remediation protocols letter of interpretation and consider how 1910.11(b) limits which materials are adopted by reference.

Under 1910.11, does adoption of older Federal standards prevent OSHA from issuing later, separate standards that apply differently?

No. 1910.11 adopts and extends standards in effect on April 28, 1971, but OSHA may later issue new or revised standards that supersede or supplement those rules. See 1910.11(a) for the adoption date and consult current 1910 provisions for updated requirements.

If a State has an OSHA-approved State Plan, does 1910.11 change how that State adopts Federal incorporations by reference?

Section 1910.11 itself applies to Federal OSHA; State Plans must have standards at least as effective as Federal OSHA but can be more stringent or adopt different approaches. See 1910 for the federal standard framework and note that State Plans implement their own adoption processes consistent with the OSH Act (State Plan requirements are outside 1910.11's adoption language). Employers in State Plan States should follow their State's adopted standards.

Does 1910.11 adopt penalty provisions or enforcement sections from referenced parts?

No. 1910.11(b) specifies that incorporations by reference are not intended to include penalty provisions or similar enforcement discussions from the referenced parts. See 1910.11(b). Enforcement and penalty authority remain governed by the OSH Act and OSHA's enforcement policies.

If a construction standard in part 1926 is incorporated by reference into general industry under 1910.12, do the construction-only coverage discussions travel with it?

No. When OSHA incorporates part 1926 into general industry via 1910.12, it adopts substantive provisions but not construction-only coverage discussions or interpretive rules that have no relevance to the Occupational Safety and Health Act application, per 1910.11(b). Employers should implement the substantive requirements applicable to their operations.

How should an employer treat a referenced standard's example or illustration that is not explicitly part of the incorporated text under 1910.11?

Employers should treat examples or illustrations that are not part of the adopted substantive text as non-binding explanatory material; only the substantive standard language adopted under 1910.11 is enforceable. See 1910.11(b). Use illustrative material for clarification, but ensure compliance with the adopted regulatory provisions themselves.

Under 1910.11, are historical effective dates important for determining which standards were adopted by reference?

Yes. 1910.11(a) adopts Federal standards that were in effect on April 28, 1971, so that effective date determines which older standards were incorporated into Subpart B. See 1910.11(a). For later standards or revisions, consult the current 1910 text to know which rules now apply.

Does 1910.11 adoption automatically make consensus standards (like ANSI) enforceable?

Not automatically; 1910.11 adopts federal standards in effect on the adoption date, not every consensus standard. When OSHA incorporates a consensus standard by reference into a regulatory provision, that referenced portion becomes enforceable. See 1910.11(a) and consult the specific 1910 sections that incorporate consensus standards for enforceability.

If an employer believes a particular provision in an incorporated part should not apply to their workplace, what should they consider under 1910.11?

Employers should first verify whether the provision is a substantive standard adopted under 1910.11(a) or a non-adopted interpretive/explanatory material excluded by 1910.11(b). If it is a substantive standard, employers must comply or consult OSHA guidance or a State Plan for applicability questions. For technical clarifications, employers may also review relevant OSHA letters of interpretation (for example, see the Asbestos remediation protocols letter).

Can incorporation by reference under 1910.11 change the scope of coverage of the OSH Act for certain worker groups?

No. Incorporation by reference under 1910.11(a) adopts substantive safety and health standards but does not change who is covered by the OSH Act itself—coverage remains determined by the Act and other statutory or regulatory provisions. See 1910 for the overall standards framework.

Does 1910.11 adoption include state or local building code provisions that were referenced in the older Federal standards?

No. 1910.11(b) limits adoption to substantive Federal safety and health standards and excludes other materials in referenced parts; state or local building code discussions cited within those parts would not be adopted unless explicitly made a substantive part of the Federal standard. See 1910.11(b).

Where can an employer find the text of the Subpart B adoptions and the parts that were incorporated by reference?

Employers can read the adopted provisions and cross-references in the OSHA 1910 series and the specific adoption language in 1910.11. Those pages include the cited parts and show which substantive standards were adopted as of the effective date.