Incorporation by reference

Incorporation by reference means OSHA makes specific external documents part of the regulation and enforces those exact editions unless it publishes a Federal Register notice to change them. See 1910.509(a) for the full requirement.

• Employers must follow the exact edition of any document that OSHA has incorporated by reference unless OSHA publishes a Federal Register document to enforce a different edition.
• OSHA also makes approved incorporated materials available for public inspection at OSHA Regional Offices, the OSHA Docket Office, and the National Archives and Records Administration as described in 1910.509(a).

The CDC and EPA materials listed in paragraphs (b) and (c) are available through OSHA’s permanent IBR web page that OSHA references in 1910.509(a)(2)(i).

• Those materials are the official incorporated editions and OSHA points users to its permanent online location for ease of access. See 1910.509(a)(2)(i).

The CDC document "COVID–19: Cleaning and Disinfecting Your Facility; Every Day and When Someone is Sick" (updated April 5, 2021) is incorporated by reference and approved for use with 1910.502(j). See 1910.509(b)(1).

• Employers following 1910.502(j) may rely on that IBR-approved CDC cleaning and disinfecting guidance when implementing workplace cleaning practices.

The CDC document "COVID–19: Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID–19) Pandemic" (updated February 23, 2021) is incorporated by reference and is IBR approved for 1910.502(d) and 1910.502(j). See 1910.509(b)(2).

• Use this CDC interim guidance when developing infection-prevention measures for healthcare personnel under the cited ETS provisions.

The "2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings" (updated July 2019) is incorporated by reference and approved for use with 1910.502(e) and 1910.502(f). See 1910.509(b)(3).

• Employers in healthcare settings should consult that guideline when applying the ETS provisions for isolation and infection control.

The "Guidelines for Environmental Infection Control in Health-Care Facilities" (updated July 2019) is incorporated by reference and IBR approved for 1910.502(j). See 1910.509(b)(4).

• Employers can use this guideline when implementing environmental infection-control elements required by 1910.502(j).

The CDC documents "COVID–19: Isolation If You Are Sick" (updated February 18, 2021) and "Return to Work Criteria for Healthcare Personnel with SARS–CoV–2 Infection (Interim Guidance)" (updated February 16, 2021) are incorporated by reference. They are IBR approved for 1910.502(l). See 1910.509(b)(5) and 1910.509(b)(6).

• Use these CDC resources when applying ETS provisions about isolation and healthcare worker return-to-work decisions under 1910.502(l).

EPA’s "Pesticide Registration List N: Disinfectants for Coronavirus (COVID–19)" (updated April 9, 2021) is incorporated by reference and approved for 1910.502(b). See 1910.509(c)(1).

• Employers may use List N to choose EPA-registered disinfectants that meet the IBR-edition criteria described in 1910.509(c)(1).

OSHA incorporates ANSI/ISEA Z87.1 editions 2010, 2015, and 2020 for use with 1910.502(b). See 1910.509(d)(1), 1910.509(d)(2), and 1910.509(d)(3).

• Employers and safety managers relying on 1910.502(b) can use any of the three IBR-approved ANSI/ISEA Z87.1 editions listed in 1910.509(d).

Employers can obtain the ISEA material by contacting the American National Standards Institute (ANSI) as provided in 1910.509(a)(2)(ii), which lists ANSI’s address and website for purchase.

• The regulation specifies ANSI, 25 West 43rd Street, 4th Floor, New York, NY 10036 and the ANSI website (http://www.ansi.org) as sources for the IBR-approved ANSI/ISEA standards. See 1910.509(a)(2)(ii).

The public can inspect approved incorporated materials at any OSHA Regional Office, the OSHA Docket Office in Washington, DC, or at the National Archives and Records Administration (NARA), as described in 1910.509(a).

• The regulation gives the OSHA Docket Office address (U.S. Department of Labor, 200 Constitution Avenue NW, Room N–3508, Washington, DC 20210) and NARA as available inspection locations. See 1910.509(a).

No, paragraph (c)(2) is reserved and contains no incorporated material. See 1910.509(c)(2).

• Employers should rely on 1910.509(c)(1) for the EPA List N material that is incorporated.

OSHA has announced that it will not enforce the COVID-19 recordkeeping and reporting requirements from the Healthcare ETS effective immediately and until further notice. See OSHA’s enforcement-stay memorandum "COVID-19 recordkeeping enforcement stay" (Feb. 5, 2025) at https://www.osha.gov/laws-regs/standardinterpretations/2025-02-05.

• Specifically, OSHA will not cite employers for violations of the COVID-19 log requirements in 1910.502(q) or for reporting COVID-19 fatalities and hospitalizations under 1910.502(r). The memo also notes that OSHA will continue to enforce recordkeeping requirements under 29 CFR part 1904.

OSHA lists ANSI/ISEA Z87.1–2010, Z87.1–2015, and Z87.1–2020 as the IBR-approved editions for use with 1910.502(b). See 1910.509(d)(1), 1910.509(d)(2), and 1910.509(d)(3).

• Employers may use any of the IBR-approved editions listed in 1910.509(d) when complying with the related ETS provision 1910.502(b).

OSHA must publish a document in the Federal Register and make the new edition available to the public before it can enforce any edition other than the one specified in the regulation. See 1910.509(a).

• That requirement ensures the public has notice and access to the exact edition OSHA intends to require, consistent with the Administrative Procedure Act and 1 CFR part 51 as reflected in 1910.509(a).