Exemptions from heat treatment

Under 1919.17, gear made of steel and gear that contains or is permanently attached to parts made of materials that cannot be heat treated are exempt from the heat‑treatment requirements of 1919.16. See Exemptions from heat treatment in 1919.17 for the wording of the exemption. This means items such as gear that contain ball bearings or swivels, or blocks permanently attached to non‑heat‑treatable components, fall under the exemption and are not subject to the heat‑treatment rules in 1919.16.

Under 1919.17, exempt cargo gear must still be thoroughly examined as described in 1919.15(c). The exemption from the heat‑treatment requirements in 1919.16 does not remove the requirement that the gear be inspected in the manner set out in 1919.15(c).

Under 1919.17, yes — the rule explicitly gives examples: gear that "contains (as in ball bearings, swivels)" or is "permanently attached to (as with blocks) equipment made of materials which cannot be subjected to heat treatment" are described as exempt. See 1919.17 for those examples and the exemption language. Those examples show typical situations where heat treatment is not practicable and the inspection requirement in 1919.15(c) applies instead.

Under 1919.17, the exemption applies only to the heat‑treatment requirements of 1919.16; it does not automatically remove other certification or qualification obligations. The exempt gear must still be thoroughly examined as required in 1919.15(c), and other parts of Part 1919 or employer procedures may impose certification or documentation requirements. For related context on when Part 1919 certification or accreditation of persons may be required, see the 1977 interpretation on accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.

Under 1919.17, gear that is made of steel but contains or is permanently attached to parts that cannot be heat treated is treated under the exemption from the heat‑treatment requirements of 1919.16. Even if the gear includes steel, if it contains or is attached to non‑heat‑treatable materials the exemption applies and the gear must still be thoroughly examined according to 1919.15(c).

Under 1919.17, the employer is responsible for determining when gear meets the exemption criteria and for ensuring compliance with the alternative requirement to examine the gear per 1919.15(c). Employers are generally required to apply the standards appropriate to their workplace; see the OSHA interpretation on applicability of standards at https://www.osha.gov/laws-regs/standardinterpretations/1991-02-19 for the principle that employers must identify and follow the standards that apply to their operations.

Under 1919.17, the exemption does not itself state inspection intervals; it requires that exempt gear be "thoroughly examined in the manner described in 1919.15(c)." To determine inspection frequency and specific examination procedures you must follow the requirements set out in 1919.15(c). The exemption simply substitutes the 1919.16 heat‑treatment requirement with the 1919.15(c) thorough examination requirement.

Under 1919.17, gear that "contains (as in ball bearings, swivels)" parts that cannot be subjected to heat treatment is described as exempt from 1919.16. Whether an individual item can actually be heat treated depends on the materials and construction; if heat treatment is not feasible because components like bearings or swivels cannot be subjected to heat treatment, the gear is exempt and must instead be thoroughly examined according to 1919.15(c).

Under 1919.17, the exemption is tied to the characteristics of the specific gear: gear "made of steel" or gear that "contains" or "is permanently attached to" non‑heat‑treatable materials is exempt from 1919.16. That means each piece of gear should be evaluated based on its materials and construction to determine whether the exemption applies, and exempt gear must be examined per 1919.15(c).

Under 1919.17, an employer may rely on material characteristics to determine exemption status, but the employer remains responsible for ensuring the gear is examined per 1919.15(c) and for overall compliance. OSHA guidance on employer responsibility to verify workplace compliance and to ensure workers are protected supports the employer's duty to confirm such claims; see the 1996 interpretation about employer responsibility for training and compliance at https://www.osha.gov/laws-regs/standardinterpretations/1996-03-26-3 and the 1991 interpretation on standards applicability at https://www.osha.gov/laws-regs/standardinterpretations/1991-02-19.

Under 1919.17, the exemption removes the heat‑treatment obligations of 1919.16 but requires that exempt gear be "thoroughly examined in the manner described in 1919.15(c)." Any recordkeeping or documentation obligations tied to the examinations would come from the requirements in 1919.15(c) or other applicable parts of Part 1919; check 1919.15(c) for specific documentation rules.

Under 1919.17, exempt gear must be thoroughly examined as described in 1919.15(c); the person performing examinations should meet whatever qualification, certification, or accreditation requirements are set out in Part 1919 or the employer's program. For related guidance on accreditation and who may certify gear under Part 1919, see the 1977 OSHA interpretation on competent person accreditation procedures at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26 which discusses accreditation of persons under Part 1919 in contexts where certification is required.

Under 1919.17, gear that "contains" or is "permanently attached to" equipment made of materials that cannot be subjected to heat treatment is exempt from 1919.16. That would include gear incorporating non‑metallic or synthetic components that cannot be heat treated; such gear is exempt from the heat‑treatment requirement but must be examined in the manner required by 1919.15(c).

Under 1919.17, the exemption specifically removes the obligation to perform heat treatment under 1919.16 for gear made of steel or gear that contains or is attached to materials that cannot be heat treated, but it does not remove the broader obligations of Part 1919. Exempt gear must still be thoroughly examined per 1919.15(c), and other Part 1919 certification or accreditation requirements may still apply. For context about Part 1919’s role in certification and when accredited persons are involved, see Part 1919 and the 1977 interpretation on accreditation at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26.