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OSHA 1910.98

Effective dates and applicability

Subpart G

11 Questions & Answers
10 Interpretations

Questions & Answers

Under 1910.98(a), when did subpart G become effective and what does that mean for employers?

The provisions of subpart G generally became effective on August 27, 1971, so employers have been required to meet those standards since that date unless a different effective date is stated elsewhere. See 1910.98(a).

  • This means the regulatory text in subpart G initially took legal effect on that date; where an individual section later specifies a different effective date, that later date controls for that section (1910.98(c)).
  • Enforcement discretion (for example, temporary enforcement stays or memoranda) may affect whether OSHA actively issues citations in practice, but such policies do not change the statutory effective date in the regulation itself (compare 1910.98(a) with OSHA’s enforcement memorandum on COVID-19 recordkeeping: https://www.osha.gov/laws-regs/standardinterpretations/2025-02-05).

Under 1910.98(b), which specific provisions of 1910.94 became effective on February 15, 1972?

The provisions of 1910.94 listed in 1910.98(b) became effective on February 15, 1972; those are: 1910.94(a)(2)(iii), (a)(3), (a)(4), (b), (c)(2), (c)(3), (c)(4), (c)(5), (c)(6)(i), (c)(6)(ii), (d)(1)(ii), (d)(3), (d)(4), (d)(5), and (d)(7). See 1910.98(b).

Under 1910.98(c), what happens if another section in subpart G contains its own effective date?

If another section of subpart G contains its own specific effective date or time limitation, that specific date controls and the provision becomes effective in accordance with that date or limitation. See 1910.98(c).

  • In plain terms: a general effective date in 1910.98(a) or (b) does not override a different date explicitly stated inside an individual standard—follow the specific date given in the individual section.

Under 1910.98(d), when does a subpart G standard that is derived from 41 CFR part 50-204 become effective for a workplace covered by Walsh-Healey or the Service Contract Act?

If a 41 CFR part 50-204 standard (other than a national consensus standard incorporated by reference in 50-204.2(a)(1)) becomes applicable to any employment or place of employment by virtue of the Walsh‑Healey Act, the Service Contract Act of 1965, or the National Foundation on the Arts and Humanities Act of 1965, then the corresponding subpart G standard derived from that 41 CFR part also becomes effective and applicable to that employment or place on the same date. See 1910.98(d) and the 41 CFR reference at 50-204.2(a).

  • The rule ties the regulatory effect of the Federal OSHA standard to the date the 41 CFR requirement becomes binding for a given workplace under those federal procurement laws.

Does 1910.98(d) apply when the corresponding 41 CFR requirement is a national consensus standard incorporated by reference in 50-204.2(a)(1)?

No. 1910.98(d) explicitly excludes national consensus standards that are incorporated by reference in 50‑204.2(a)(1); those incorporated consensus standards are not brought into effect for subpart G by the mechanism described in 1910.98(d). See 1910.98(d) and 50-204.2(a).

  • In practice: if 41 CFR cites an ANSI or other consensus standard via 50‑204.2(a)(1), 1910.98(d) does not automatically make the subpart G version effective through the procurement statute route.

If a contractor becomes subject to a 41 CFR part 50-204 requirement today, does that immediately make a related subpart G standard effective for that contractor under 1910.98(d)?

Yes — when 41 CFR part 50‑204 becomes applicable to the contractor’s employment or place of employment by virtue of the Walsh‑Healey Act, Service Contract Act, or the National Foundation on the Arts and Humanities Act, the corresponding subpart G standard derived from that 41 CFR part becomes effective and applicable to that contractor on the same date. See 1910.98(d).

  • This is a site‑ and employer‑specific trigger: the standard becomes applicable for those workplaces covered by the procurement act, not necessarily for all employers nationwide.

Under 1910.98, how should an employer handle compliance when a subpart G paragraph names a later effective date than August 27, 1971?

The employer must follow the later effective date stated in that specific paragraph; the individual paragraph’s effective date governs for compliance. See 1910.98(c).

  • Practically, confirm the effective date printed in the specific standard paragraph (for example, many 1910.94 paragraphs are listed as effective February 15, 1972 in 1910.98(b)).
  • Where enforcement guidance or temporary memoranda exist, they may affect inspection priorities but do not alter the regulation’s written effective date (compare the regulation with OSHA enforcement memoranda such as https://www.osha.gov/laws-regs/standardinterpretations/2025-02-05).

Does 1910.98 affect how OSHA or employers in State Plan states set effective dates for their own adopted standards?

1910.98 sets federal effective dates for subpart G provisions; State Plan states must adopt standards that are at least as effective as federal OSHA, but those states set their own promulgation and effective dates when they adopt or modify standards. See 1910 for the federal standard base and note that OSHA letters and interpretations often remind users that State Plan states may have different or more stringent rules (see, e.g., the discussion of State Plan obligations in the tire‑rim servicing interpretation: https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01).

  • In short: 1910.98 controls federal effective dates; employers in State Plan states must follow their state’s effective dates for the state‑adopted rules, which may differ.

Under 1910.98(b), why were selected paragraphs of 1910.94 delayed until February 15, 1972 instead of being effective August 27, 1971?

The regulation itself identifies those specific paragraphs of 1910.94 that became effective on February 15, 1972, indicating OSHA chose a delayed effective date for certain technical provisions rather than having them all start on August 27, 1971. See 1910.98(b).

  • Administrative practice sometimes staggers effective dates to give employers time to comply with more complex or burdensome requirements; the text of 1910.98(b) lists the particular paragraphs affected so employers can identify when those obligations began.

If an OSHA letter of interpretation or enforcement memorandum changes how OSHA enforces a provision, does that change the effective date in 1910.98?

No — an OSHA interpretation or enforcement memorandum can change enforcement emphasis or temporarily stay enforcement, but it does not change the regulation’s written effective date in 1910.98. See 1910.98(a) and OSHA’s enforcement memorandum on COVID-19 recordkeeping, which temporarily paused enforcement but did not alter the statute or regulatory effective dates: https://www.osha.gov/laws-regs/standardinterpretations/2025-02-05.

  • Employers should comply with the regulation’s stated effective dates, and also watch for any enforcement guidance that may affect inspection and citation practices.

Under 1910.98, how can an employer confirm whether a particular subpart G requirement is governed by the general 1971 date or another specific date?

An employer should check the specific subpart G section for any explicit effective date or time limitation; if none is listed, the general effective dates in 1910.98 apply (August 27, 1971 for most provisions and February 15, 1972 for the listed 1910.94 paragraphs). See 1910.98(a) and 1910.98(b).

  • Steps to confirm: (1) look at the authoritative text of the specific 29 CFR paragraph, (2) look for any parenthetical effective date in that paragraph, and (3) if none, rely on 1910.98’s dates.
  • For example, the list of 1910.94 paragraphs subject to the February 15, 1972 date is in 1910.98(b).