Incorporation by reference

Incorporation by reference means OSHA adopts specific outside standards into Part 1917 so they carry the same legal force as the rest of the part. For example, 1917.3(a) explains that standards from U.S. Government agencies and private organizations that are incorporated by reference become enforceable parts of Part 1917.

• Only the mandatory provisions (language requiring action, e.g., "shall") of those outside standards are adopted as OSHA standards, unless OSHA says otherwise. See 1917.3(a)(1).
• Employers must treat incorporated mandatory provisions the same way they treat any other requirement in Part 1917.

No. Only the mandatory provisions of an incorporated standard are adopted by OSHA and enforceable. 1917.3(a)(1) states that only provisions containing mandatory language such as "shall" are adopted as standards under the Occupational Safety and Health Act.

• Advisory, permissive, or informational language (e.g., "should," "may," or commentary) in an incorporated document is not automatically enforceable under Part 1917.

A later change to an incorporated standard does not automatically become enforceable until OSHA publishes notice in the Federal Register adopting that change. 1917.3(a)(2) explains that incorporations are approved as the sections exist on the approval date and that notice of any change will be published in the Federal Register.

• Employers are bound by the version OSHA incorporated; check Federal Register notices for any updates OSHA adopts.

You can inspect changes and an official historical file of changes to incorporated standards at OSHA's Docket Office in Washington, DC. 1917.3(a)(3) specifies the Docket Office location and telephone number for inspection of those records.

• For additional availability, 1917.3(a)(4) also explains that copies can be inspected at NARA and OSHA Regional Offices.

You can purchase incorporated private standards from the issuing private organizations listed in 1917.3(a)(4). The section lists how to obtain copies and notes they are also available for inspection at NARA and OSHA Regional Offices.

• If the standard is from ANSI, ASTM, NSC, ISEA, or another listed organization, 1917.3(b) and 1917.3(c) provide specific purchase sources.

Many of the standards listed in 1917.3(b) are available for purchase from the American National Standards Institute (ANSI) at the address and phone number provided in that paragraph.

• The section lists specific standards and, where applicable, alternate sellers (for example, ANSI e-Standards Store or IHS). See the individual subparagraphs (e.g., 1917.3(b)(6)(i)).

ANSI A14.1-1990, A14.2-1990, and A14.5-1992 are incorporated by reference for 1917.119(c) as listed in 1917.3(b)(1)–(3).

• That means the mandatory provisions of those ANSI ladder standards apply to the portions of 1917.119 that reference them; consult the specific ANSI documents for technical details and purchase them from the suppliers listed in 1917.3(b).

ANSI Z41-1999 and ANSI Z41-1991 are incorporated by reference for parts of 1917.94(b)(1) as listed in 1917.3(b)(4)–(5).

• These copies are available for purchase only from the National Safety Council per the addresses given in 1917.3(b)(4)–(5).

ANSI/ISEA Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 (R-1998) are incorporated by reference for 1917.91(a) as listed in 1917.3(b)(6)–(8).

• 1917.3(b)(6) and its subparts name vendors (ANSI e-Standards Store, IHS, TechStreet) where copies can be purchased.

ANSI Z89.1-2009, ANSI Z89.1-2003, and ANSI Z89.1-1997 are incorporated by reference for portions of 1917.93(b)(1) as listed in 1917.3(b)(9)–(11).

• 1917.3(b)(9) explains that copies of ANSI Z89.1-2009 are available only from the International Safety Equipment Association.

Reach stackers are considered powered industrial trucks and are therefore exempt from the 29 CFR 1917.50 certification requirement under the exception in 1917.50(j)(1). The 2017 memorandum on reach stacker certification exemption explains reach stackers function as powered industrial trucks and so fall within that exception.

• Although exempt from the certification requirement, reach stackers remain subject to powered industrial truck safety rules such as training requirements referenced in the memorandum.

ASTM F-2412-2005 and ASTM F-2413-2005 are incorporated by reference for 1917.94(b)(1)(i) and can be purchased from ASTM International as noted in 1917.3(c).

• The section gives ASTM's contact information and explains these standards are IBR-approved for footwear performance and test methods.

Treat the mandatory language from an incorporated private standard the same as any OSHA regulatory requirement. 1917.3(a)(1) makes clear that mandatory provisions in incorporated standards are adopted as OSHA standards and are enforceable.

• Include those mandatory requirements in written procedures, training, and inspections just as you would with other Part 1917 rules.

Confirm the exact edition by checking the incorporation language in 1917.3(a)(2) and by inspecting the historic files of changes at OSHA's Docket Office per 1917.3(a)(3).

• The incorporated documents are adopted "as the sections exist on the date of the approval," and OSHA will publish notice in the Federal Register if it adopts later changes.

You can purchase ANSI/ISEA Z87.1-2010 from the vendors listed in 1917.3(b)(6)(i)–(iii), which include the ANSI e-Standards Store, IHS Standards Store, and TechStreet.

• Use the supplier contacts shown in the section to order the specific edition incorporated for 1917.91(a).

If your portable wood ladder meets the mandatory provisions of ANSI A14.1-1990, those mandatory provisions are incorporated by reference for 1917.119(c) and are acceptable for the portions of 1917.119 that reference that ANSI standard. See 1917.3(b)(1).

• Confirm you comply with the mandatory ("shall") parts of ANSI A14.1-1990, because only those mandatory provisions are adopted as OSHA requirements.

Yes, an employer may use a deposit system for PPE ownership if the employer retains ownership and the system does not result in the employee bearing the cost of required PPE. OSHA's 2014 letter on employee PPE payment methods explains a deposit can be used as an incentive to return employer-owned PPE, but the employer may not make the employee pay for wear-and-tear related to the work or workplace. See the 2014 Letter of Interpretation on Employee PPE payment methods.

• A written agreement is an effective way to make expectations clear.
• Employers must not structure deposits or reimbursements to circumvent the rule that employers pay for required PPE.

OSHA says employers must ensure required first-aiders are adequately trained but OSHA does not certify first-aid training programs; employers choose training that is adequate for their hazards. The 2019 letter addressing first aid and bleeding control explains OSHA's position that where first aiders are required they must be "adequately trained," and that OSHA recognizes bleeding-control measures as part of effective first-aid preparedness. See the June 19, 2019 Letter of Interpretation on first aid and bleeding control.

• OSHA standards vary by industry on who must be trained; some marine-terminal and longshoring standards specifically require on-site first aid trained personnel.
• Employers may provide more protective measures than the minimum OSHA requirements, such as bleeding-control kits and associated training.

No. OSHA advised in the 2017 Letter of Interpretation that Part 1917's specific requirements do not apply to facilities that meet the definition of a "designated waterfront facility," and Part 1910 generally does not apply to marine terminals. See the May 31, 2017 Letter of Interpretation on applicability to waterfront facilities.

• If your facility is a designated waterfront facility used solely for bulk storage/transfer of liquids or gases, consult the LOI and the statutes to determine which standards (if any) apply.

OSHA's March 17, 2017 memorandum states reach stackers are powered industrial trucks and thus exempt from the certification requirement of 1917.50. See the 2017 Reach Stacker Certification Exemption memorandum for details.

• Exemption from certification does not remove other safety obligations: powered industrial trucks must still comply with applicable safety provisions (e.g., training and safe operation).

No. OSHA's 2013 Letter of Interpretation states that an operator who becomes incapacitated or leaves the controls while a load is suspended compromises safety and the employer may be cited. See the September 13, 2013 Letter of Interpretation about crane operator medical condition scenarios.

• Employers must make sure operators are physically able to perform assigned tasks without unscheduled interruption that could endanger workers.

OSHA's 2006 Letter of Interpretation explains that whether a safety latch is required depends on the activity; however, several OSHA standards for maritime and longshoring explicitly require crane hooks to be latched or otherwise secured to prevent accidental load disengagement. See the January 10, 2006 Letter of Interpretation on safety latches on sling hooks.

• For marine terminals and longshoring, OSHA citations reference sections like 29 CFR 1917.45(e)(2) that require latched or otherwise secured crane hooks; use latches where required and consider industry consensus (e.g., ASME) where applicable.

Yes, provided you obtain the manufacturer's written approval or a qualified registered professional engineer's written approval in accordance with the applicable standards; OSHA's 2004 Letter clarifies that strobe installation is allowed if approvals are obtained consistent with the marine-cargo-handling provisions. See the December 21, 2004 Letter of Interpretation on strobe lights on industrial trucks.

• Modifying safety devices may also require refresher operator training under powered-industrial-truck rules because the change could affect safe operation.

OSHA advised that bridge-building activities are construction and therefore Part 1926 (construction standards) applies to work docks and work bridges used during bridge construction. The February 9, 2004 Letter of Interpretation on fall protection for bridge work explains these structures fall under the scaffolding provisions of Part 1926.

• Where the structure is temporary and used as a work platform, Subpart L (Scaffolds) of Part 1926 sets fall-protection thresholds and requirements.

No, employers were not legally required to obtain and maintain MSDSs for chemicals purchased prior to 1985, but if MSDSs were voluntarily obtained they should be made available to employees as a good practice, per OSHA's 1995 Letter of Interpretation. See the October 6, 1995 Letter of Interpretation on MSDS requirements for old chemicals.

• If MSDSs exist, providing them to employees and their representatives on request is recommended and aligns with OSHA's view of good industrial-hygiene practice.

No. OSHA's 1994 Letter of Interpretation and related standards prohibit the use of compressed air for cleaning personnel in maritime settings and require compressed-air cleaning to be reduced to less than 30 psig in general industry except when appropriate chip guards and PPE are used. See the January 14, 1994 Letter of Interpretation.

• For maritime contexts, see the maritime prohibition cited in that letter (1917.154), and in general industry follow 29 CFR 1910.242(b) guidance noted in the LOI (the LOI itself provides the practical direction).