OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1918.3

Incorporation by reference

Subpart A

20 Questions & Answers
10 Interpretations

Questions & Answers

Under 1918.3(a)(1): Which parts of standards incorporated by reference are legally enforceable in Part 1918?

Only the mandatory provisions of an incorporated standard are enforceable; non-mandatory language is not adopted as a standard. See 1918.3(a)(1) which explains that only provisions containing the word "shall" or other mandatory language are adopted as OSHA standards. Employers may still follow non-mandatory guidance, but OSHA enforces only the mandatory text.

Under 1918.3(a)(2): How will I know if an incorporated external standard has changed after OSHA approved it?

OSHA notifies the public of any changes to standards incorporated by reference through the Federal Register. See 1918.3(a)(2), which states the standards are incorporated "as the sections exist on the date of the approval, and a notice of any change in these standards will be published in the Federal Register." Check the Federal Register and OSHA announcements for updates.

Under 1918.3(a)(3): Where can I inspect the history of changes to standards OSHA incorporated by reference?

You can inspect any changes and the official historic file at OSHA's Docket Office in Washington, DC. See 1918.3(a)(3) for the Docket Office contact information and inspection instructions. If needed, call the OSHA Docket Office at the number provided in that section.

Under 1918.3(a)(4): Where can I obtain copies of private consensus standards that OSHA incorporated by reference?

Copies of private standards incorporated by reference are available for purchase from the issuing organizations or for inspection at NARA or OSHA offices. See 1918.3(a)(4) which explains purchase and inspection locations including the National Archives and Records Administration (NARA) and OSHA Regional Offices or the OSHA Docket Office.

Under 1918.3(b)(1)–(3) and 1918.24(g): Which ANSI ladder standards are incorporated by reference for the ladder requirements in 1918.24(g)?

ANSI portable ladder standards A14.1, A14.2, and A14.5 are incorporated by reference for 1918.24(g). See 1918.3(b)(1), 1918.3(b)(2), and 1918.3(b)(3), which are IBR-approved for 1918.24(g). Employers should follow the mandatory provisions of those ANSI standards where they apply.

Under 1918.3(b)(4) and 1918.104(b): Which ANSI footwear standard editions are incorporated for protective footwear in 1918.104(b)?

ANSI Z41 editions are incorporated for footwear referenced in 1918.104(b): ANSI Z41-1999 and ANSI Z41-1991 are IBR-approved for specific subparagraphs. See 1918.3(b)(4) and 1918.3(b)(5) which note the editions and that they are IBR-approved for 1918.104(b)(1)(ii) and 1918.104(b)(1)(iii). Purchase instructions are provided in those paragraphs.

Under 1918.3(b)(6)–(8) and 1918.101(a): Which ANSI eye and face protection standards are incorporated by reference for 1918.101(a)?

The ANSI Z87.1 standards of several editions are incorporated for 1918.101(a). See 1918.3(b)(6), 1918.3(b)(7), and 1918.3(b)(8) which reference ANSI/ISEA Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 (R-1998). Employers must follow the mandatory provisions of the incorporated edition specified for eye and face protection in 1918.101(a).

Under 1918.3(b)(9)–(11) and 1918.103(b)(1): Which ANSI head protection standards are IBR-approved for 1918.103(b)(1)?

ANSI Z89.1-2009, Z89.1-2003, and Z89.1-1997 editions are incorporated by reference for the head protection requirements in 1918.103(b)(1). See 1918.3(b)(9), 1918.3(b)(10), and 1918.3(b)(11) for which editions are IBR-approved and where to obtain copies.

Under 1918.3(c) and 1917.94(b)(1)(i): Which ASTM standards are incorporated for protective footwear performance?

ASTM F2412-2005 and ASTM F2413-2005 are incorporated by reference for protective footwear performance related to 1917.94(b)(1)(i). See 1918.3(c)(1) and 1918.3(c)(2) which identify these ASTM standards and note they are IBR-approved for the marine-terminals footwear requirement.

Under 1918.3(b): If a private standard is only sold by a specific organization, can I purchase it directly from them?

Yes — some incorporated private standards are available for purchase only from specified organizations, and 1918.3 lists those sources. For example, 1918.3(b)(4) states ANSI Z41-1999 copies are available only from the National Safety Council, and 1918.3(b)(9) notes ANSI Z89.1-2009 copies are available only from the International Safety Equipment Association. Check the specific paragraph for purchase details.

Under 1918.3(b) and purchase directions: Where can I buy ANSI/ISEA Z87.1 or find authorized sellers?

The incorporated ANSI/ISEA Z87.1 editions list authorized sellers and stores in 1918.3(b). See 1918.3(b)(6)(i), 1918.3(b)(6)(ii), and 1918.3(b)(6)(iii) which show the ANSI e-Standards Store, IHS Standards Store, and TechStreet as sources for ANSI/ISEA Z87.1-2010, and similar listings appear under other Z87.1 editions.

Under 1918.3: Are employers required to follow the non-mandatory recommendations in an incorporated ANSI or ASTM standard?

No — employers are required to follow only the mandatory provisions of an incorporated standard; recommendations or guidance that do not contain mandatory language are not adopted as enforceable rules. See 1918.3(a)(1). However, non-mandatory guidance can still be good practice and may be considered when evaluating recognized hazards.

Under 1918.3(a)(4): Can I inspect incorporated private standards at OSHA regional offices or NARA if I don't want to buy them?

Yes — 1918.3(a)(4) states you can inspect copies of incorporated private standards at the National Archives and Records Administration (NARA) and at any OSHA Regional Office or the OSHA Docket Office. See 1918.3(a)(4) for inspection locations and NARA contact information.

Practical question referencing the 2019 LOI: Does OSHA require employers to use stop-the-bleed kits or specific first aid certifications in longshoring operations?

OSHA does not mandate a specific "Stop the Bleed" kit or certify first-aid training programs, but employers must ensure required first aiders are "adequately trained" and provide appropriate first-aid readiness based on workplace hazards. See the OSHA letter of interpretation, "First aid and bleeding control" (2019-06-19) and the general requirement that where first aiders are required they "shall be adequately trained" in applicable first-aid standards such as those for marine terminals and longshoring referenced in the letter. Employers should assess hazards and consult medical personnel as needed.

Practical question referencing the 2013 LOI about crane operators: Can a crane operator leave controls while a load is suspended?

No — an operator must be physically able to remain at the controls and complete the lift; leaving the controls while a load is suspended is not acceptable. See the OSHA Letter of Interpretation "Crane operator medical condition scenario" (2013-09-13), which explains that employers must ensure the operator assigned can perform the task without unscheduled interruption that could affect safety.

Practical question referencing the 2006 LOI about sling hooks: Does OSHA require safety latches on sling hooks in longshoring and marine terminal operations?

OSHA requires that hooks be latched or otherwise secured to prevent accidental load disengagement in several maritime standards, but whether a latch is required depends on the activity and applicable standard. See the OSHA Letter of Interpretation "Safety latches on sling hooks" (2006-01-10) which explains that standards such as 29 CFR Part 1917 and Part 1918 include explicit requirements (e.g., crane hooks "shall be latched or otherwise secured") and that use of latch-equipped hooks is recommended by consensus standards like ASME.

Practical question referencing the 2004 LOI about strobe lights: Can I add a strobe light to a powered industrial truck used in marine terminals or longshoring?

Yes, but you must obtain the manufacturer's written approval or a qualified professional engineer's written approval if the modification could affect capacity or safety. See the OSHA Letter of Interpretation "Strobe lights on industrial trucks" (2004-12-21-0) which cites the need to follow requirements like those in marine cargo handling standards and notes operators may need refresher training per the powered industrial truck training requirement (29 CFR 1910.178(l)).

Practical question referencing the 2017 LOI about waterfront facilities: Do Part 1917 or Part 1910 standards apply to a "designated waterfront facility" used solely for bulk storage and transfer of liquids/gases?

Generally no — OSHA's Part 1917 marine terminals standards do not apply to a designated waterfront facility used solely for bulk storage, handling, and transfer of liquids or gases, and many Part 1910 standards also do not apply to marine terminals. See the OSHA Letter of Interpretation "Applicability to waterfront facilities" (2017-05-31) which explains that a designated waterfront facility falls within the definition of a marine terminal and certain Part 1917 and Part 1910 provisions are not applicable.

Under 1918.3(b): If I need the exact edition of an incorporated ANSI or ASTM standard for compliance, where do I find which edition OSHA approved?

Paragraphs in 1918.3(b) and 1918.3(c) list the exact editions of incorporated standards and the OSHA section they apply to. See 1918.3(b) and 1918.3(c) for detailed listings (for example, ANSI Z87.1-2010 is IBR-approved for 1918.101(a)). Use those paragraphs to identify the enforceable edition.

Under 1918.3: If an incorporated standard's non-mandatory guidance conflicts with an OSHA requirement, which controls?

The mandatory OSHA requirement controls; only mandatory provisions of incorporated standards are enforced, and they cannot be overridden by non-mandatory guidance in the incorporated standard. See 1918.3(a)(1) which clarifies that only mandatory provisions (e.g., those using "shall") are adopted as OSHA standards.