Subpart C
Yes. Each agency head must comply with all occupational safety and health standards issued under section 6 of the Act. The rule in 1960.16 explicitly requires agency heads to comply with section 6 standards or with alternate standards issued under Part 1960.
Yes. An agency may, after prior notification to the Secretary, prescribe and enforce more stringent PELs or TLVs and may require more frequent monitoring without using the approval procedures in 1960.17. The text of 1960.16 allows agencies to adopt stricter exposure limits upon prior notification to the Secretary.
Yes. After consultation with employees and safety and health committees and upon prior notification to the Secretary, an agency may utilize the latest edition of a reference standard if it is more stringent than the section 6 standard. 1960.16 permits use of updated external standards following employee consultation and prior notification to the Secretary.
No. Prior notification does not eliminate the Secretary's authority to require formal approval procedures. 1960.16 states that after notification the Secretary may require the use of the approval procedures in 1960.17 for any of the described situations.
No. 1960.16 requires prior notification to the Secretary but does not set out a detailed procedural form or specific method for that notification. The regulation states the agency must provide prior notification before prescribing or adopting the more stringent measures.
Yes for civilian contractor employees doing non-unique military work. OSHA coverage of workplaces on military installations depends on whether the work, equipment, or operations are 'uniquely military.' The OSHA letter on oxygen-deficient atmospheres explains that while military personnel and uniquely military systems are excluded from OSHA coverage, civilian employees and private contractors working on equipment, systems, and operations that are not uniquely military are covered. See the interpretation "Oxygen-deficient atmospheres in HVAC" and 1960.16.
Yes. An agency may require more frequent monitoring of exposures without recourse to the approval procedures in 1960.17, provided the agency gives prior notification to the Secretary as described in 1960.16.
Yes. The regulation specifies that an agency may utilize the latest edition of a reference standard only after consultation with employees and safety and health committees and after prior notification to the Secretary. This requirement is stated in 1960.16.
Yes. While the agency may initially adopt a more stringent limit upon prior notification, 1960.16 authorizes the Secretary to require use of the approval procedures in 1960.17 after notification. That means OSHA can ask the agency to submit the matter formally under the alternate-standard process if the Secretary deems it necessary.
Yes, provided the alternate sampling and analytical method meet the accuracy and statistical performance requirements of the applicable OSHA standard. The April 19, 2019 letter on Hexavalent chromium sampling methods explains that paragraph (d)(5) of 29 CFR 1910.1026 is a performance-based requirement, and an inhalable sampling technique is acceptable if it can measure chromium (VI) with the required accuracy and confidence. This interpretation notes that requesting an alternate standard under 1960.17 is a separate process if the agency intends to implement a different numeric standard.
No. Adopting a more stringent internal standard under 1960.16 does not exempt the agency from compliance with other applicable OSHA standards. The agency must still meet all relevant OSHA regulatory requirements. Other letters in the record emphasize that exclusion from one specific OSHA standard does not eliminate obligations under other standards (for example, see the lockout/tagout interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03).
OSHA may cite applicable OSHA regulations directly, and it may reference industry standards like ANSI or ASHRAE as evidence of hazard recognition or feasible abatement when an OSHA standard does not directly address the hazard. The ANSI window cleaning interpretation (March 28, 2005) explains that OSHA does not cite non-adopted ANSI standards themselves but can use them to support citations under broader requirements such as section 5(a)(1) or the federal equivalent 1960.8 for federal agencies. See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0 and 1960.16.
Not uniformly. The OSHA interpretation "Oxygen-deficient atmospheres in HVAC" explains that military personnel and uniquely military equipment and operations are excluded from OSHA coverage under Executive Order 12196 and Part 1960. Where civilian employees are covered (including contractors and non-unique military systems), OSHA's Respiratory Protection Standard, 29 CFR 1910.134, applies, including the definition of "oxygen-deficient atmosphere." Thus the definition applies to civilian employees covered by OSHA but generally not to uniquely military personnel and systems.
The approval process for alternate standards is governed by 1960.17. While 1960.16 allows agencies to adopt more stringent measures with prior notification, 1960.17 sets out the formal alternate-standard application and approval requirements if an agency seeks to use an alternative in lieu of the OSHA section 6 standard.