Subpart B
A change includes any amendment, addition, or repeal, in whole or in part, of an incorporated Federal standard. The statute defines "change" broadly to cover amendments, additions, and repeals to standards incorporated by reference in this subpart. See 1910.18.
An amended incorporated standard applies under Subpart B only when it is changed pursuant to section 6(b) of the OSH Act and the statute under which the standard was originally promulgated, and OSHA follows the procedures in part 1911. In short, OSHA must complete the part 1911 process before the amended standard is "deemed changed" and enforceable under Subpart B. See 1910.18 and part 1911 procedures.
No — OSHA does not automatically adopt every outside change; the change becomes part of Subpart B only after OSHA follows the requirements in 1910.18 and the procedural rulemaking in part 1911. OSHA must process the change under the OSH Act and part 1911 before the new text is treated as part of Subpart B. See 1910.18 and 29 CFR part 1911.
No — a repeal by the original agency does not immediately remove the requirement from Subpart B until OSHA follows the statutory change process described in 1910.18 and part 1911. The standard is "deemed changed" for Subpart B only after OSHA completes the part 1911 procedures. See 1910.18 and part 1911.
Part 1911 provides the rulemaking procedures OSHA must use to recognize and implement a change to an incorporated Federal standard for purposes of Subpart B. OSHA must follow the part 1911 process so the change can be "deemed changed" and enforceable under Subpart B. See 1910.18 and 29 CFR part 1911.
No — employers are required to comply with the versions of standards that OSHA has officially adopted and declared effective under Subpart B; employers are not required to follow an amended outside standard until OSHA has completed the part 1911 process and the change is "deemed changed" under 1910.18. Employers may voluntarily follow newer requirements, but enforcement will be based on OSHA's officially adopted text. See 1910.18 and 29 CFR part 1911.
Once OSHA has followed part 1911 and has "deemed changed" the incorporated standard under 1910.18, OSHA can enforce the new or revised text during inspections and use it as the basis for citations. Until OSHA completes that process, inspectors should rely on the currently adopted and effective Subpart B text. See 1910.18 and 29 CFR part 1911.
No — 1910.18 governs how incorporated Federal standards are treated when they are amended, added to, or repealed; it does not change technical terms used inside those incorporated standards such as "on site in one location." Technical definitions and threshold language remain part of the individual standard unless and until OSHA adopts a revised version under part 1911. See 1910.18.
Employers should monitor OSHA rulemaking and notices and check whether OSHA has completed part 1911 rulemaking to adopt the change; the OSHA rulemaking docket and the 29 CFR part 1911 entries will show when a change is adopted and the Subpart B text is updated. Keeping an eye on OSHA's Federal Register notices and the OSHA website is the practical way to know when a change has become enforceable under Subpart B. See 1910.18 and part 1911.
A temporary enforcement stay (an enforcement policy) does not by itself change the legal status of a standard adopted under 1910.18; a stay affects OSHA's enforcement discretion but does not replace the formal part 1911 process needed to "deem" a change. For example, OSHA issued an enforcement stay for COVID-19 recordkeeping requirements in the Healthcare ETS, which directed regions not to cite certain recordkeeping provisions while the stay was in effect, but that memorandum was an enforcement policy and not a substitute for the rulemaking process. See 1910.18 and the COVID-19 enforcement stay memorandum COVID-19 recordkeeping enforcement stay.
Not automatically; OSHA treats such updates as a Subpart B "change" only if the update is made pursuant to the statute under which the original standard was promulgated and OSHA then follows the part 1911 procedures required by 1910.18. Until OSHA completes part 1911 proceedings, the update is not automatically part of Subpart B. See 1910.18 and 29 CFR part 1911.
State-plan states must maintain standards and enforcement programs at least as effective as Federal OSHA, but how a Federal incorporated standard change becomes effective in a State plan can differ; states may need to adopt their own rulemaking to incorporate Federal changes or follow their own procedures. Employers should check the State plan's actions because a Federal "deemed change" does not automatically update that State's standards without the State's rulemaking where required. See 1910.18 and consult OSHA's guidance on State plans as discussed in industry-specific letters such as the Asbestos remediation protocols.
No — when OSHA deems a standard changed under 1910.18 after following part 1911, the amended standard applies under Subpart B consistent with the statute under which it was promulgated; compliance dates and statutory deadlines remain governed by the original statute and the text of the adopted standard unless OSHA's rulemaking or the underlying statute provides otherwise. Employers should review the adopted text and preamble in OSHA's part 1911 rulemaking for specific compliance timelines. See 1910.18 and 29 CFR part 1911.
No — the phrase means the change will be treated as part of the applicable Federal standard under the original statute and Subpart B moving forward once OSHA completes the part 1911 adoption; it does not imply retroactive enforcement before the effective date set by OSHA's adopting rule. Any effective or compliance dates are addressed in OSHA's part 1911 rulemaking documents. See 1910.18 and 29 CFR part 1911.
OSHA letters of interpretation can clarify how OSHA interprets existing regulations or enforcement policies, but they do not replace the part 1911 rulemaking that is required to "deem" a statutory change into Subpart B. Employers can use interpretation letters for guidance on OSHA's current enforcement posture, but binding change to Subpart B occurs only through the procedures in 1910.18 and part 1911.
Take these practical steps: monitor OSHA rulemaking dockets and part 1911 notices; review the amended external standard and compare it to the currently adopted Subpart B text; prepare for compliance changes if and when OSHA completes part 1911 and deems the change effective; and document your company’s plan to meet any new requirements once they are adopted. These steps reflect how 1910.18 and part 1911 determine whether and when an outside change becomes enforceable under Subpart B. See 1910.18 and 29 CFR part 1911.
Yes — OSHA's use of part 1911 rulemaking typically includes notice and an opportunity to comment, so interested parties can submit comments during the rulemaking docket before OSHA finalizes whether to deem a change into Subpart B. Participating in the part 1911 rulemaking docket is the formal way to raise issues about an incorporated change. See 1910.18 and 29 CFR part 1911.