What is the difference between OSHA and OSHA?

Companies we work with have a variety of OSHA regulations and consensus standards to stay in compliance with. The problem is, there are so many of them that they’re hard to manage, even more so when the difference between the two is unclear.

What’s the difference between an OSHA Regulation and an OSHA Consensus Standard?

The basic answer is that OSHA regulations are considered legal requirements and are subject to government enforcement. Regulations came into existence from consensus standards and have grown from them.

OSHA consensus standards, on the other hand, are the nuts and bolts of the OSHA regulations. They’re detailed accounts that provide rules, guidelines, and requirements for the regulations themselves.

Here’s a great definition of OSHA consensus standards from the Safety Pro:

Industry consensus standards are just that, a voluntary standardization system for private industry. They set conformity and uniformity criteria for the development and manufacture of a great volume of products. These criteria are developed by committees of qualified representatives from industry, labor, and government agencies. In many instances, U.S. consensus standards are adopted in whole or in part as international standards.

Provenio Consulting dives in a little deeper:

What are some common consensus standards that OSHA adopts?

• ANSI is the American National Standard Institute and they have many standards that apply to many topics, such as building construction, machine guarding, fall protection, and more. One example is ANSI Z87 sets the standards for producing safety eyewear. If you look at safety glasses, they will typically have Z87 inside the frames, and OSHA references this standard several times for general industry in 1910.6.

• NFPA is the National Fire Protection Agency, and they have numerous standards on everything from building code to sprinkler systems to handling chemicals.

• ASME is the American Society of Mechanical Engineers and their standards primarily refer to boilers and pressure vessels.

• API is the American Petroleum Institute and their standards are primarily referred to for low pressure storage vessels.

Realistically, regulations and standards look very similar and often cause confusion between the two. Some regulations reference a standard, which allows OSHA to enforce the standard as law. A variety of other nuances lead to further confusion when reading regulations and standards.

The best rule of thumb is to contact your environment and safety consultant to walk you through whatever confusion you may be experiencing. However, there are four principles to keep in mind when navigating the dangerous waters of OSHA regulations and consensus standards.

1. Consensus standards are not law.
2. OSHA can cite you for not complying with standards.
3. Consensus standards can be enforced by OSHA’s “incorporation by reference” or by the OSHA General Duty Clause
4. You are not required to adhere to any consensus standards. But this won’t stop OSHA from citing you for lack of compliance.

Keep in mind that this is not an all-inclusive list of methods to stay in compliance with OSHA regarding standards. Your safest approach is to consult a professional when it comes to OSHA compliance. We just might know a few hundred of em.) Check out out consulting services.

California Standard

Federal Standard

Does not have a reporting requirement contained within the recordkeeping regulation. The California reporting requirement for serious occupational injury, illness or death, are contained within Title 8, Section 342 with no 30-day time frame limit from incident to death. Has a reporting requirement, for fatalities and multiple hospitalizations as a result of a work-related incident, contained within in the recordkeeping regulation. The reporting requirements are in section 1904.39 of the recordkeeping regulation.
  Section 14300.2 Table 1, Note:  Retention of existing California requirement for employers in  SIC Code 781 (Motion Picture Production and Allied Services) to record occupational injuries and illnesses in California. Exceptions are provided for SIC 781 employers regarding time frames for recording and for providing access to records.
  SIC Code 781 (Motion Picture Production and Allied Services) are not required to record occupational injuries and illnesses under the Federal OSHA standard. Language added to Section 14300.8(a) Note:
Note clarifying the scope of the recording requirement for Recording of Needlesticks

and

Sharps Injuries. The note states that the requirements for recording needlestick injuries are not limited to health care and related businesses.
  No such clarifying language included  in the Federal OSHA standard. Language added to Section 14300.30:
Retention of existing California requirement to help assure timely availability of records to employees, their representatives, and government representatives when records are kept elsewhere: Additional language states that when keeping records for multiple establishments at a headquarters or other central location employer must have:
 

- 14300.30(b)(2)(C) – the address and telephone number of the central location or headquarters where records are kept available at each worksite; and

-14300.30(b)(2)(D)– personnel available at the central location or headquarters where records are kept during normal business hours to transmit information from the records maintained there as required by Section 14300.35 and Section 14300.40
 

Not specifically provided for in the Federal OSHA standard. Language added to Section 14300.32 (b)(7):
Retention with modification of existing California requirement for  employers to present or mail the annual summary to each employee who does not normally report, at least weekly, to a location where their annual summary is posted. Employers must present or mail the annual summary to the employees, for the establishment where the employees are linked for recordkeeping purposes [as described at 14300.30 (b)(3)]. Applies to employees who receives pay during the February through April posting period.
  Federal OSHA standard relies on new longer posting period to assure availability of summary data to employees. Language added to Section 14300.32 (b)(8):
States that for multi-establishment employers, there is no requirement for posting of annual summaries for those establishments where operations have closed down during the calendar year. Not retained in new Federal OSHA standard. Language added to Section 14300.35 (b)(2)(C):
Requires access to current or stored copies of the Annual Summary, in addition to current or stored copies of the Cal/OSHA Form 300. Copies must be provided to employees, former employees, personal representatives, or authorized representatives by the end of the next business day. Same requirements except the Federal OSHA standard does not specify that copies of the Annual Summary must be supplied to the requestor(s). Language added to Section 14300.35(b)(2)(C) Exception:
Requires establishments in SIC Code 781 to provide the current or stored Cal/OSHA Form 300 or Annual Summary, within seven (7) calendar days rather than by the end of the next business day. Copies must be provided to employees, former employees, personal representatives, or authorized representatives.
  No equivalent requirement in the Federal OSHA standard. Language added to section 14300.35(b)(2)(E)(2):
States specifically what personally identifying information must be deleted when authorized employee representatives ask for copies of the Cal/OSHA form 301, Incident Reports, or equivalent forms. The personally identifying information that must be deleted is:

• Employee name;
• Employee address;
• Employee date of birth;
• Employee date of hire;
• Gender;
• Name of the physician;
• Location where treatment was provided;
• Whether the employee was treated in an emergency room; and
• Whether the employee was hospitalized overnight as an in-patient

 

Section 1904.35 states generically what information must be included and also deleted when authorized employee representatives ask for copies of the Federal/OSHA Form 301, Incident Reports.

• Information to be included is the section title "Tell us about the case" on the OSHA 301 Form
• All other information on the 301 must be deleted

Does not mention equivalent forms when referencing the Federal OSHA Form 301.

Language Added to Section 14300.35 (C)
Retention of existing California requirement (with modification for new privacy provisions) affirming the rights of employees and their representatives to bargain collectively for access to information relating to occupational injuries and illnesses in addition to that information mentioned in section 14300.35.
  No such language in the Federal OSHA standard. Language added to section 14300.38 (a)(b)&(c):
Distinguishes between private and public employers with respect to the granting authority for variance petitions.
  Section 1904.38 does not distinguish between public and private employers with respect to submitting variance petitions because the Federal standard, in Federal OSHA states, only applies to private employers. Language added to section 14300.40 (a)
Provides government representatives access to the original recordkeeping documents and one set of copies free of charge.
   Section 1904.40 requires that copies of the records (not originals) be supplied to government representatives upon request, free of charge