Document 4vpry4Gaoqj27r6xLwwqB2mmQ
2--The Occupational Safety and Health Act of 1970
Washington, D C 20402 Standards" contained m Part 1910 are
applicable to general industry Those con tained m Part 1926 are applicable to the con struction industry Standards applicable to ship repairing, shipbuilding, shipbreaking and long-shonng are contained in Parts 1915 through 1918 respectively Since standards cannot remain static due to use of new equip ment, methods, and materials, all are subject to updating via modification
OSHA also has the authority to promulgate emergency temporary standards where it is found that employees are exposed to grave danger Emergency temporary standards can take effect immediately upon publication m the Federal Register Such standards will re main in effect until superseded by a standard promulgated under the procedures prescribed by the Act
Any person adversely affected by any stand ard issued by OSHA has the right to challenge its validity by petitioning the U S Court of Appeals within 60 days after its promulgation.
Input from the private sector. Occupational safety and health standards promulgated by OSHA will never cover every conceivable haz ardous condition that could exist in any work place Nevertheless, new standards and modi fication of existing standards are of significant interest to employers and employees alike Industry organizations as well as individuals and employee organizations should participate m the development of new and revised stand ards since it is within the private sector that most of the expertise and technical compe tence lies
Much of the standards development work is earned on by the nationally recognized concensus standard produemg organizations Those so recognized by OSHA mclude the American National Standards Institute (ANSI), Amencan Society for Testing and Materials (ASTM), and National Fire Pro tection Association (NFPA) By far the majonty of the promulgated standards now in place were initially adopted by ANSI and NFPA Revision of standards by such or ganizations can lead to revision of OSHA standards Prudent employers and employees should urge their respective representative organizations not only to participate m the
activities of the aforementioned standardsproducing organizations, but also provide the leadership and initiate actions for new stand ards To do less means that industry and employees are willing to let the standardsdevelopment process rest in the hands of government agencies such as OSHA and NIOSH
Other sources utilized by OSHA for the re vision of existing occupational safety and health standards or development of new stand ards are (a) trade associations that produce proprietary standards, (b) standards advisory committees appointed by OSHA to develop a recommended standard on a specific subject, and (c) NIOSH criteria documents
In order to promulgate, revise, or modify a standard, OSHA must first publish m the Federal Register a notice of any proposed rule that will adopt, modify, or revoke any standard and invite interested persons to sub mit their views on the proposed rule within 30 days after publication Interested persons may file objections to the rule and are en titled to a bearing on their objections if they request a hearing be held However, objec tions must specify the parts of the proposed rule to which they object and the grounds for such objection If a hearing is requested, OSHA must hold one Based on (a) the need for control of an exposure to an occupa tional injury or illness, and (b) the reasonable ness, effectiveness and feasibility of the control measures required, OSHA may issue a rule promulgating an additional standard or modify or revoke an existing standard
Recordkeeping and reporting requirements
Most employers covered by the Act are re quired to maintain in each establishment rec ords of recordable occupational injuries and illnesses Such records consist of
A log of occupational injuries and illnesses, OSHA Form 100
" The Occupational Safety and Health Stand ards, Title 29, C F R , Chapter XVII, Parts 1910, 1926, and 1915-1918 are available at all OSHA regional and area offices
00 Regulations pertaining to recording and re porting injuries and illnesses are codified m Title 29, C F R, Chapter XVII, Part 1904
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