Incorporation by reference

Incorporation by reference means that specified external standards become legally part of the shipyard regulations without reproducing their full text. For example, 1915.5(a) says that government and certain non-government specifications, standards, and codes "form a part of the regulations of this part" to the extent specified in the text. See 1915.5(b)(1) for how the Director of the Federal Register approved the incorporations.

OSHA must publish a document in the FEDERAL REGISTER and make the material publicly available before it can enforce any edition other than the edition explicitly specified in the incorporation. This requirement is stated directly in 1915.5(b).

You can inspect the official historic file of changes at OSHA's Docket Office in Washington, DC. 1915.5(b)(2) states that any changes and the historic file are available for inspection at OSHA's national Docket Office (telephone numbers provided in the regulation).

Copies of private standards incorporated by reference are available for purchase from the issuing organizations and for inspection at OSHA Regional Offices, the OSHA Docket Office, or the National Archives and Records Administration (NARA). 1915.5(b)(3) explains these availability points and notes NARA as an inspection location.

Yes—many ANSI standards are incorporated by reference and each listing in 1915.5(d) explicitly names the OSHA section for which it is IBR approved. For example, ANSI A14.1–1975 is IBR approved for 1915.72(a). The regulation pairs each ANSI title with the specific [1915] section it supports.

You can purchase ANSI/ISEA Z87.1–2010 from the vendors listed in 1915.5(d)(6), including the ANSI Webstore, the IHS Standards Store 1915.5(d)(6)(ii), or TechStreet 1915.5(d)(6)(iii). The text of 1915.153(b) incorporates that consensus standard for eye and face protection criteria.

ANSI Z89.1–2009, Z89.1–2003, and Z89.1–1997 are IBR approved for 1915.155(b). The copies are available for purchase from the International Safety Equipment Association as described in 1915.5(d)(9)–(11).

The ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963 edition, is incorporated by reference and approved for 1915.172(a). See 1915.172(a) for the OSHA requirement that references that ASME code.

Yes—ACGIH Threshold Limit Values (1970) are incorporated by reference for 1915.12(b) and 1915.1000 table Z. See 1915.5(f)(1).

Yes—ASTM F–2412–2005 (test methods) and ASTM F–2413–2005 (performance requirements) are IBR approved for 1915.156(b), which covers protective footwear. The 1915.5(g) entries list ASTM contact information.

The ILO "Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, Revised Edition 2011" is incorporated by reference and approved for 1915.1001. See 1915.5(h)(1).

Multiple NFPA standards are incorporated by reference for specific fire-protection provisions in Part 1915: for example, NFPA 10–2002 is IBR approved for 1915.507(b), NFPA 72–2002 is IBR approved for 1915.507(c), and NFPA 13–2002 is IBR approved for 1915.507(d). See the list in 1915.5(i) for all incorporated NFPA items and their corresponding OSHA sections.

Yes—both ANSI Z41–1999 and ANSI Z41–1991 are IBR approved for 1915.156(b), and the regulation describes where to buy copies (e.g., National Safety Council for Z41–1999).

Yes—1915.5(b)(3) states standards are available for inspection at the National Archives and Records Administration (NARA). The regulation text also gives an email contact for NARA inspection availability in the preface: fr.inspection@nara.gov and points to NARA's CFR IBR locations webpage for more details.

If Part 1915 cites a standard without an edition, you must rely on the specific listings in 1915.5(d)–(i) that name the exact edition approved for a particular OSHA section. 1915.5(b) explains that only the edition specified in this section is enforceable unless OSHA publishes a FEDERAL REGISTER notice adopting another edition.

Employers may voluntarily follow a newer or more protective standard, but they cannot rely on a newer edition to avoid enforcement unless OSHA has formally adopted that edition. 1915.5(b) requires OSHA to publish any change in the FEDERAL REGISTER before enforcing a different edition. Note that following a more protective voluntary practice is allowed but does not change what is legally enforceable unless OSHA adopts the new edition.

Yes—a competent person may use ACGIH TLVs or other occupational exposure limits to recognize hazards and specify protection when OSHA has no PEL for that substance. OSHA's competent person interpretation (April 18, 2016) explains that the competent person defined in 29 CFR 1915.4(o) can evaluate exposures and specify necessary protections even where no OSHA PEL exists. Also see the incorporation of ACGIH TLVs in 1915.5(f)(1).

No—ordinary sunlight is not considered the "potentially injurious light radiation" meant by 1915.153(a)(1); that phrase refers to intense radiant energy from operations like electric arc welding and torch cutting. OSHA's Letter of Interpretation (Dec. 30, 2019) clarifies that welding or cutting require shaded lenses or welding hoods per 1915.153(a)(4), while ordinary sunglasses are not suitable for welding protection.

Employers may require a deposit for employer-owned PPE provided the system does not effectively make the employee pay for PPE required to be provided at no cost. OSHA's Letter of Interpretation (Nov. 13, 2014) explains that deposit systems are acceptable when ownership stays with the employer and the arrangement does not circumvent the employer-payment rule; charging employees for normal wear-and-tear caused by work is not permitted. See the Federal Register discussion of the employer-payment final rule referenced in that interpretation.

No—OSHA does not require a specific bleeding-control kit or certify training programs, but it does expect employers to provide adequate first-aid training and supplies appropriate to workplace hazards. OSHA's Letter of Interpretation (June 19, 2019) explains that OSHA standards require first aiders to be "adequately trained" where first aiders are required (citing 29 CFR 1910.151(b)). Employers may adopt Stop the Bleed practices when they suit the hazards, but OSHA does not mandate a single national kit or certify training providers.

Yes—the shipyard beryllium standard applies to occupational exposure to beryllium in all forms, compounds, and mixtures except the specific exemptions listed in the standard. OSHA's Interim Enforcement Guidance (April 21, 2021) states the shipyard standard in [1915.1024] applies broadly and notes the compliance date for the shipyard standard was September 30, 2020. See the guidance attachment for scope and application details.