Referenced documents availability

No — employers are not required to buy the referenced publications. OSHA states that employers may desire to obtain copies for their own information, but purchase is not mandatory; see Appendix H to 1910.95 and 1910.95.

• The appendix explains that the publications are "incorporated by reference" and are intended to be mandatory when the standard or an appendix explicitly indicates them.
• If a provision of 1910.95 or its appendices cites a publication, employers must follow that provision even if they do not own a copy of the referenced document.

They are mandatory only when a specific paragraph in 1910.95 or its appendices says they apply. OSHA explains that the incorporated publications provide criteria "intended to be mandatory when so indicated in the applicable paragraphs of 1910.95 and appendices"; see Appendix H to 1910.95 and 1910.95.

• Always check the specific paragraph of the standard (for example, 1910.95(k)(2)) to see whether the standard incorporates a particular publication for that requirement.

You can review the referenced publications at many public or university libraries, the OSHA Technical Data Center, or at any OSHA Regional Office. Appendix H states these locations are available for review; see Appendix H to 1910.95 and 1910.95.

• Appendix H specifically notes availability at the OSHA Technical Data Center (Room N2439, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210, (202) 219-7500) and at OSHA Regional Offices.
• The appendix also notes that microfiche or copies may be held at many universities and public libraries.

Appendix H lists the exact publications and where they are referenced in 1910.95 and the appendices. See Appendix H to 1910.95 for the complete list and locations.

• Appendix B: “List of Personal Hearing Protectors and Attenuation Data,” HEW Pub. No. 76-120, 1975 (NTIS-PB267461).
• Appendix D: “Specification for Sound Level Meters,” S1.4-1971 (R1976).
• 1910.95(k)(2), appendix E: “Specifications for Audiometers,” S3.6-1969.
• Appendix D: “Specification for Octave, Half-Octave and Third-Octave Band Filter Sets,” S1.11-1971 (R1976).

The specific edition named in Appendix H is the edition that is incorporated by reference and applies unless the regulation is later amended. Appendix H lists the exact versions (for example, S1.4-1971 (R1976) and S3.6-1969), so those editions are the ones referenced by 1910.95 and Appendix H to 1910.95.

• If OSHA updates the regulation to incorporate a newer version, the standard text and Federal Register notice will state that change; otherwise follow the edition cited in Appendix H.

If 1910.95 references an audiometer specification, follow the paragraph that makes the requirement and consult Appendix H to find the cited publication. For example, the audiometer specification is referenced in 1910.95(k)(2) and appendix E, and Appendix H lists the publication titled “Specifications for Audiometers,” S3.6-1969; see Appendix H to 1910.95.

• Follow the specific text of the 1910.95 paragraph that incorporates the publication — that paragraph is the operative requirement.

Yes — if a paragraph of 1910.95 or an appendix incorporates the ANSI criteria as mandatory, using instruments that don’t meet those required criteria would be noncompliant with that part of the standard. See 1910.95 and Appendix H to 1910.95.

• Appendix H explains that the referenced publications provide criteria for instruments to be used in monitoring and audiometric testing and are intended to be mandatory when indicated in the standard.
• If you cannot meet the referenced criteria, document why and consult OSHA or a competent industrial hygienist for alternatives acceptable to OSHA.

Yes — Appendix H identifies the publishers and their contact locations for the specific publications it lists. See Appendix H to 1910.95 and 1910.95.

• Examples from Appendix H: ANSI, Inc., 1430 Broadway, New York, NY 10018 for the S1.4-1971 and S3.6-1969 documents; National Technical Information Service (NTIS), Port Royal Road, Springfield, VA 22161 for HEW Pub. No. 76-120.

Yes — Appendix H states that the referenced publications or a microfiche of the publications are available for review at many universities and public libraries and at OSHA locations; see Appendix H to 1910.95 and 1910.95.

• If you need to view a microfiche, contact your local university or public library, or call the OSHA Technical Data Center at (202) 219-7500 for guidance on availability.

No — Appendix H does not create new employer obligations; it explains how to find the publications that 1910.95 incorporates. See Appendix H to 1910.95 and 1910.95.

• The actual employer duties come from the regulatory text in 1910.95 and its appendices; Appendix H simply lists the referenced materials and tells you where to review them.

Appendix H states that the referenced publications may be examined at any OSHA Regional Office and at the OSHA Technical Data Center; it does not specifically mandate availability at State Plan offices. See Appendix H to 1910.95 and 1910.95.

• If you are in a State Plan state, your state agency may maintain its own copies or guidance — contact your State Plan office directly to find out local availability.

Document that the instrument meets the specifications named in the paragraph and the referenced publication (for audiometers, S3.6-1969) and retain records showing the instrument model, calibration, and evidence of conformity. The audiometer specification is referenced in 1910.95(k)(2) and Appendix H lists the document “Specifications for Audiometers,” S3.6-1969; see Appendix H to 1910.95.

• Keep calibration records and manufacturer documentation showing the audiometer complies with the referenced ANSI specification.
• If an OSHA inspector requests to review the referenced publication, you can point them to the OSHA Technical Data Center or regional office where it is available for review.

No — the existence of a cited edition means that edition is the one incorporated by the regulation; however, newer meters that objectively meet or exceed the specified performance criteria are commonly acceptable, but you must be able to show equivalence. Appendix H lists “Specification for Sound Level Meters,” S1.4-1971 (R1976) as the referenced publication; see Appendix H to 1910.95 and 1910.95.

• If you use a newer instrument, keep documentation from the manufacturer or an independent lab that demonstrates the instrument meets or exceeds the performance requirements of the referenced specification.
• When in doubt, document the instrument’s conformance and be prepared to explain how it meets the referenced criteria to an OSHA inspector.

Look at the text of 1910.95 and its appendices; Appendix H maps paragraph designations to the referenced publications. Use 1910.95 and consult Appendix H to 1910.95 to find which paragraph points to which publication.

• For example, Appendix H shows that the audiometer specification is cited in 1910.95(k)(2) and appendix E, so you would read that paragraph for the operative requirement.

Start with the text of 1910.95 and its appendices and review the referenced publication listed in Appendix H; if you still need help, consult a qualified industrial hygienist or contact your local OSHA Regional Office.

• Appendix H tells you where to review the incorporated publications (libraries, OSHA Technical Data Center, regional offices).
• For technical application questions (for example, instrument calibration methods), an industrial hygienist or accredited lab can help document that your methods meet the referenced criteria.