Effective dates provisions

Those earlier standards become effective under the Williams‑Steiger Occupational Safety and Health Act on the same pre‑1971 date. In other words, if a place of employment was subject to a safety and health standard in part [1915], [1916], [1917], [1918], or [1926] before August 27, 1971 because of the Construction Safety Act or the Longshoremen's and Harbor Workers' Compensation Act, that occupational standard "as incorporated by reference in this subpart shall also become effective under the Williams‑Steiger Occupational Safety and Health Act of 1970 on that date" (see 1910.17(c)).

Section 1910.17(c) explicitly references standards in parts 1915, 1916, 1917, 1918, and 1926. Those are the parts whose standards, if they applied to a workplace before August 27, 1971 by virtue of the Construction Safety Act or the Longshoremen's and Harbor Workers' Compensation Act, become effective under the OSH Act on that same date (see 1910.17(c)).

That phrase limits retroactive application to standards that already applied to an employment or place of employment because those older statutes made the workplace subject to the listed standards before August 27, 1971. Put simply, 1910.17(c) only carries forward pre‑1971 effectiveness for standards that were already applicable under those prior laws (see 1910.17(c)).

The reserved paragraphs mean there is no regulatory text currently in 1910.17(a) or 1910.17(b) and they contain no requirements. Employers should therefore rely on the operative provision in 1910.17(c) for effective‑date issues and on the published standards in the referenced parts for substantive requirements (see 1910.17(a), 1910.17(b), and 1910.17(c)).

No — 1910.17(c) only gives retroactive effect to standards that already applied to a workplace before August 27, 1971. Standards adopted after that date are not made retroactive by 1910.17(c) (see 1910.17(c)).

You determine whether the workplace was subject to the standard before August 27, 1971 because of the Construction Safety Act or the Longshoremen's and Harbor Workers' Compensation Act; if so, that standard is effective under the OSH Act as of that earlier date. To verify, review the historical applicability for the specific standard in parts [1915], [1916], [1917], [1918], or [1926] and consult the incorporation‑by‑reference statements in Subpart B; 1910.17(c) explains the legal effect of that prior applicability.

It means only those occupational safety and health standards from parts 1915–1918 or 1926 that are incorporated by reference into Subpart B of part 1910 are covered by the retroactive rule. In practice, you must look to the list of standards incorporated into [1910 Subpart B] and then apply 1910.17(c) to any that were applicable to the workplace before August 27, 1971 (see 1910.17(c)).

No — 1910.17(c) governs federal effective dates under the Williams‑Steiger Act, but State Plans have independent authority and must maintain programs at least as effective as federal OSHA. A given State Plan may have different timing or interpretations, so employers should consult their State Plan; OSHA acknowledged State Plan differences in other guidance (see 1910.17(c) and the discussion of State Plans in the rim wheel servicing letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01).

Yes — when a standard in parts 1915–1918 or 1926 applied to a workplace before August 27, 1971 by virtue of the earlier statutes, 1910.17(c) makes that standard effective under the OSH Act as of that earlier date, so the requirements are legally operative under the OSH Act (see 1910.17(c)). Note that enforcement practice can involve additional factors (inspection scope, statutes of limitations, or State Plan rules), so employers should seek specific guidance where dates and enforcement exposures are in dispute.

No — 1910.17(c) only fixes the effective date of those standards under the OSH Act; it does not alter the substantive content of the standards themselves. The actual duties and technical requirements remain those in the referenced standards in parts 1915–1918 or 1926 as incorporated into Subpart B (see 1910.17(c)).

Employers should document historical facts showing the workplace was subject to the earlier standard under the Construction Safety Act or the Longshoremen's and Harbor Workers' Compensation Act — for example, historical contracts, regulatory determinations, or agency records — because 1910.17(c) ties OSH Act effectiveness to that pre‑1971 applicability. The operative legal provision is 1910.17(c), and relevant documentary evidence will support any position about the applicable effective date.