10 Consensus Standards You Might Be Violating

by New Pig Technical Team

Many standards developed by the Occupational Safety and Health Administration (OSHA) originated from three different areas: pre-existing federal laws, proprietary standards and consensus standards. Pre-existing federal laws that preceded OSHA can still be enforced by OSHA. Proprietary standards are developed by experts within certain fields, industries or associations. Consensus standards are discussed and agreed upon by a consensus for impacted industries.

OSHA Trend

Consensus standards are being cited more frequently in enforcement cases when a specific law doesn’t exist to cover the risk. Is it a trend for OSHA to reference them in enforcement efforts?

It has been OSHA’s policy to refer to published consensus standards as a source of guidance when there is no OSHA standard that applies (in other words, when issuing General Duty Clause citations, or to support a citation under a very general OSHA standard).

In some cases, however, OSHA actually does incorporate consensus standards into regulation “by reference,” in which case they have the same force of law as OSHA regulations. OSHA has incorporated the standards of the two primary standards groups, the American National Standards Institute (ANSI) and the National Fire Protection Association (NFPA), into its set of standards. See 29 CFR 1910.6 for a listing of consensus standards that are incorporated by reference. These standards have the same force and effect as other standards in this part.

10 Common Consensus Standard Violations

Here are 10 common OSHA violations with consensus standards referenced. You may want to consider following guidelines within these consensus standards to help your company comply:

1. Fire and Explosion Hazards (for which there are feasible means of abatement)

OSHA has referenced NFPA standards 654, 484, 61, and 664 as potential means of abating combustible dust hazards in citations issued under the National Emphasis Program. OSHA’s National Emphasis Programs (NEPs) focus on major health and/or safety hazards that are of recognized national significance.OSHA is reissuing the directive on the Combustible Dust National Emphasis Program to increase its enforcement activities and to focus on specific industry groups that have experienced either frequent combustible dust incidents or combustible dust incidents with catastrophic consequences.

Combustible dust explosion hazards exist in a variety of industries, including: food (e.g., candy, starch, flour, feed), plastics, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, dyes, coal, metals (e.g., aluminum, chromium, iron, magnesium, and zinc) and fossil fuel power generation.

2. Lack of (or inadequate) Emergency Eyewash Stations and Showers

OSHA regulations specify where and when emergency eyewash stations and showers must be available; however, they do not specify minimum operating requirements or installation setup requirements. OSHA has referenced ANSI Z358.1 – American National Standard for Emergency Eyewash and Shower Equipment for guidance on these requirements.

3. Lack of (or inadequate) First Aid Supplies

OSHA does not have a minimum requirement for contents of first aid supplies but references ANSI Z308.1 – American National Standard – Minimum Requirements for workplace first aid kits and supplies.

4. Storage Rack Hazards

OSHA has referenced ANSI MH 16.1 – Specification for Industrial Steel Storage Racks. This standard provides complete design guidance for the design of industrial pallet racks, movable shelf racks and stacker racks made of cold-formed or hot-rolled steel members.

5. Machine Safeguard Design

OSHA has referenced ANSI B11.19 – Performance Criteria for Safeguarding. This standard describes secondary safeguarding methods such as detection safeguarding devices, awareness devices, safeguarding methods and safe work procedures. These methods provide a lesser degree of employee protection than the primary safeguarding methods such as point-of-operation guarding provisions. Where it is feasible to use primary safeguarding methods, secondary safeguarding methods may supplement these primary control measures; however, they must not be used in place of primary safeguarding methods. For additional information about machine safeguarding, you can reference this OSHA publication.

6. Failure to Provide Suitable Eye/Face Protection

OSHA has referenced ANSI Z87.1 – American National Standard for Occupational and Educational Eye and Face Protection Devices. In fact, OSHA requires PPE to meet ANSI Z87.1-1989 Standard for Occupational and Educational Eye and Face Protection specifications.

7. Inadequate Electrical Training

OSHA has referenced NFPA 70(e) – Standard for Electrical Safety in the Workplace. OSHA agrees that the latest editions of NFPA 70E provide improved protection to employees through better electrical safety-related work.

8. Lack of Emergency Stop on Equipment

OSHA has referenced NFPA 79 – Electrical Standard for Industrial Machinery. OSHA has also proposed a rule change to revise the general industry electrical installation standard found in Subpart S of 29 CFR Part 1910 (Electrical Standard; Proposed Rule – 69:17773-17842) to bring that in line with the current NFPA standard.

9. Failure to have Audible Warning Alarms on Automatic Conveyors

OSHA has referenced ASME B20.1 – Safety Code for Conveyors, Cableways, and Related Equipment. This code, which originated in the mid 1930’s sets standards for guards, interlocks and a number of other safety features on many different types of conveying systems.

10. Press Brake Hazard

The OSHA standards under Machinery and Machinery Guarding standards do not specifically address press brakes, but section 1910.212 gives general requirements for all machines. OSHA has referenced ANSI B11.3-Safety Requirements for Power Press Brakes and recognizes such standards as being generally accepted industry practices.

What consensus standards have you incorporated into your company’s or facility’s safety plan?

TAGS: Audits and Inspections

2 Comments

Oscar Philipssays:
01/08/2019 at 12:31 pm Reply
Knowing that OSHA moves slow, and many of the consensus standards organizations do not, to what extent does OSHA “automatically” adopt new or revised consensus standards as they are adopted and approved by each standards making body?

For example, OSHA refers to IEEE Std 1307–2004, IEEE Standard for Fall Protection for Utility Work in Appendix G to §1910.269, but this IEEE Standard was updated, with some more restrictive requirements in late 2018.
- Isabella Andersensays:
  01/15/2019 at 10:01 am Reply
  Hi Oscar,
  
  Like creating and revising their own regulations, it takes OSHA a while to adopt the latest versions of consensus standards because when they choose to add or update a consensus standard, the addition or revision goes must still go through the rulemaking process.
  
  While facilities are permitted – and encouraged- to use the most recent version of a standard if it provides additional protection, OSHA can only enforce the requirements of the specific version of the standard that is referenced in their regulations.
  
  Hope this answers your question!
  
  Thanks,
  Isabella

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New Pig Technical Team

Oscar Philipssays:

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