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Health & Safety

Following are common questions asked about the U.S. OSHA general industry standards. Members can also search the Health and Safety Library or submit a request to the Finder Service.

Do I have to report employee loss of hearing? If so, at what levels (dB)?
Must OSHA Forms 300 and 301 be kept at specific locations?
Does OSHA have any special requirements for wearing contact lenses when working around chemicals?
Is there a minimum aisle width required where forklifts are used?
Is there a minimum aisle width required in flammable liquid storage areas?
Is there a minimum aisle width required in hazardous waste storage areas?
Do containers and/or tanks of flammable liquids have to be a certain distance apart?
Does OSHA require or recommend a frequency for testing totally-encapsulating suits to ensure that they are leak-proof?
If I have fewer than 15 employees, do I have to follow OSHA's rules?
If I am a Federal government agency, do I have to follow OSHA's rules?
Do state government agencies have to follow OSHA's rules?
My company works at/for a government facility. Are we excluded from OSHA's rules?
If a contractor's employee gets hurt at my facility, who is liable?
Are temporary employees considered my employees or the temporary agency's employees?
If my state has workplace safety rules, do I have to follow OSHA's rules too?
Does OSHA need a search warrant to enter my facility?
When do I have to follow the Construction rules (29 CFR 1926) versus the General Industry rules (29 CFR 1910)?
How often do I need to retrain my forklift operators?
Do I have to do HazCom training annually (29 CFR 1910.1200)?

1. Do I have to report employee loss of hearing? If so, at what levels (dB)?

The rules at 29 CFR 1910.95(e) require that the employer notify employees who are exposed to noise > 85 dB (8-hour time-weighted average sound level). At 29 CFR 1910.95(g)(8)(i), OSHA requires employers to notify an employee in writing any time that an examination of the annual audiogram indicates a "standard threshold shift." (A standard threshold shift is a change in hearing threshold relative to the baseline audiogram of an average of 10 dB or more at 2,000, 3,000, and 4,000 Hz in either ear. [See 29 CFR 1910.95(g)(10)(i)])

If the employee does experience a loss of hearing, the loss must be evaluated to determine whether or not it is a work-related hearing loss. This is done using the rules at 29 CFR 1904.5. If it is determined that the hearing loss is work-related, a two-part trigger is used to determine if the loss is significant enough to be recordable. First, the employee must experience a standard threshold shift (10 dB) in one or both ears. Second, as a result of this shift, the employee's total hearing level must be 25 dB above audiometric zero. (Audiometric zero represents the statistical average hearing threshold of young adults with no history of aural pathology). If both of these criteria are met, then the hearing loss must be recorded on the employer's Injury and Illness Records.

2. Must OSHA Forms 300 and 301 be kept at specific locations?

No. A separate OSHA 300 Log (or the equivalent) must be created for each of the covered employer's work establishments that is expected to be in operation for more than one year. However, an employer may keep the OSHA 300 and 301 records at a place other than the establishment (e.g., corporate office), provided he can transmit information to the central location within seven days of receiving information that an injury or illness has occurred, and the central location can produce and send the records back to the establishment within the time frames required by 1904.35 and 1904.40 when required to provide records to government officials, employees, and employee representatives. [See 29 CFR 1904.30]

3. Does OSHA have any special requirements for wearing contact lenses when working around chemicals?

There are no specific prohibitions in the General Industry standards (29 CFR 1910) for employees wearing contact lenses. The general requirements in 29 CFR 1910.132(d) do require the employer to assess the workplace to identify types of hazards that would require personal protective equipment. In a 1994 final rule on personal protective equipment, OSHA stated:

Based on the rulemaking record, OSHA believes that contact lenses do not pose additional hazards to the wearer, and has determined that additional regulation addressing the use of contact lenses is unnecessary. The Agency wants to make it clear, however, that contact lenses are not eye protective devices. If eye hazards are present, appropriate eye protection must be worn instead of, or in conjunction with, contact lenses. [59 FR 16334-16363]

4. Is there a minimum aisle width required where forklifts are used?

There are no minimum aisle widths specified in 29 CFR 1910 for forklift use. The general material handling requirements state that where mechanical handling equipment is used, sufficient clearances for the type and size of the equipment shall be maintained, including sufficient aisle clearances. [See 29 CFR 1910.176(a)]

The powered industrial truck rules also require sufficient overhead clearance from pipes, lights, overhead installations, sprinklers, etc. [See 29 CFR 1910.178(m)(8)]

Sufficiency is based on the size and maneuverability of the material handling equipment, including specific forklifts.

5. Is there a minimum aisle width required in flammable liquid storage areas?

There are various safe storage distance requirements for containers and portable tanks of flammable liquids in the General Industry standards at 29 CFR 1910.106. Specifications for containers and portable tanks stored indoors are in Table H-14. OSHA does require that side aisles be at least 4 feet wide and the main aisle be at least 3 feet wide. For portable tanks, the restrictions are found in Table H-15. OSHA requires the side aisle to be at least 4 feet wide and main aisles at least 8 feet. [29 CFR 1910.106(d)(5)]

Restrictions for containers and portable tanks stored outdoors are discussed in Tables H-16 and H-17. [29 CFR 1910.106(d)(6)]

6. Is there a minimum aisle width required in hazardous waste storage areas?

If the hazardous waste also meets OSHA's definition of flammable liquid (29 CFR 1910.106), it is subject to specific storage requirements, as follows:

Tanks—29 CFR 1910.106(b) and (c)
Containers—29 CFR 1910.106(d)

The Environmental Protection Agency also has standards for the storage of containers and tanks that hold hazardous waste. EPA's hazardous waste preparedness and prevention standards require sufficient aisle space to "allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment." [40 CFR 264.35 and 265.35]

7. Do containers and/or tanks of flammable liquids have to be a certain distance apart?

Yes. For containers and portable tanks, employers must follow the storage restrictions identified in 29 CFR 1910.106(d)(5) and (6). For storage tanks, the employer must comply with the restrictions in 29 CFR 1910.106(b)(2)(ii).

8. Does OSHA require or recommend a frequency for testing totally-encapsulating suits to ensure that they are leak-proof?

The General Industry standards do not specify the frequency for testing totally-encapsulating suits. Employers will have to determine, consistent with their hazard assessment (29 CFR 1910.132(d)), what steps are necessary to ensure that selected personal protective equipment provides an adequate level of protection. Factors to consider when determining how often to test the suits include, but are not limited to, the environment in which the suits are used, the materials that the suits will contact, the suit's resistance to the materials, and the duration of exposure.

9. If I have fewer than 15 employees, do I have to follow OSHA's rules?

Yes. The OSH Act of 1970 is applicable to any employer. The act defines "employer" as any person who has one or more employees. OSHA's General Industry standards in 29 CFR 1910 apply to any person who is an employer, as defined by the Act.

Small employers may be excluded from several standards, such as the recordkeeping requirements [29 CFR 1904.2-1904.7] and the requirement to have a written emergency action plan [29 CFR 1910.38(a)]. These are exclusions to specific requirements and not exclusions from OSHA's rules as a whole.

10. If I am a Federal government agency, do I have to follow OSHA's rules?

Not necessarily. The OSH Act of 1970 excludes government employers from the definition of employer. However, the Postal Service is not excluded from the definition of employer.

Although government employers (other than the Postal Service) are not subject to OSHA's enforcement authority, the OSH Act still requires them to create a program that is at least as protective of employee health and safety as the OSHA rules would be.

11. Do state government agencies have to follow OSHA's rules?

Public employees are not normally covered by the OSH Act. However, states that run their own occupational safety and health programs are required to include public employees under their coverage. In these states, state government agencies are subject to OSHA's rules [see Section 18 of the OSH Act]. Twenty-three states currently operate their own OSHA programs, and four—Connecticut, New Jersey, New York, and the U.S. Virgin Islands—operate plans to cover public employees only.

12. My company works at/for a government facility. Are we excluded from OSHA's rules?

No. The OSH Act of 1970 applies to any employer, which is defined as any person with one or more employees. OSHA standards apply to work performed in a workplace in any state, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the various other territories of the United States [see 29 CFR 1910.5(a)]. As long as the facility is in the United States, it is subject to OSHA's rules.

13. If a contractor's employee gets hurt at my facility, who is liable?

Most likely, both you and the contractor are "citable" under OSHA's Multi-employer Worksite policy. [OSHA Directive CPL 2-0.124, December 10, 1999]. You may be citable either as the "creating employer" or as the "controlling" employer. The contractor could be cited either as the "creating employer" or the "exposing employer."

The creating employer is the one who caused a hazardous condition that violates an OSHA standard. An employer who does this is citable even if the only employees exposed are those of other employers at the site. The creating employer must either fix the problem or, if he or she lacks the authority to do so, take immediate and effective steps to keep all employees away from the hazard and notify the controlling employer of the hazard.

The controlling employer is the one who has general supervisory authority over the worksite. This includes the power to correct safety and health violations personally or to require others to correct them. A controlling employer must exercise reasonable care to prevent and detect violations on the site. A controlling employer would be citable if he or she did not take steps to detect violations on the site, or if he or she failed to either correct these violations or to require the creating employer to fix the problems.

The exposing employer is the one whose own employees are exposed to the danger. The exposing employer is citable if he or she (1) knew of the hazardous condition or failed to exercise reasonable diligence to discover the condition, and (2) failed to take steps consistent with his or her authority to protect all employees.

If exposing employers have the authority to correct the hazard, they must do so. If they lack the authority to correct the hazard, they are citable if they fail to do EACH of the following:

Ask the creating and/or controlling employer to correct the hazard
Inform all employees of the hazard
Take reasonable alternative protective measures.

In extreme circumstances (e.g., imminent danger situations), exposing employers are citable if they fail to remove employees from the job to avoid the hazard.

14. Are temporary employees considered my employees or the temporary agency's employees?

For the purposes of recordkeeping and reporting of injuries and illnesses, the determination as to whether or not a temporary employee is considered your employee or the temp agency's is based on who controls the employee's daily activities. If you control the employee's actions, then that person is your employee. If instead that person is directed by the temp agency, then he is considered to be the agency's employee. [See 29 CFR 1904.31]

15. If my state has workplace safety rules, do I have to follow OSHA's rules too?

Under Section 18 of the Occupational Safety and Health Act, states are permitted to develop and enforce their own safety and health standards, provided that these standards are at least as protective of employee health and safety as the Federal standards are. If your state is one of the states that operates its own occupational safety and health program (a State Plan State), then you must follow these rules instead of the Federal rules. If your state simply has additional rules for workplaces but is not operating its own program, then you would follow the state rules in addition to the Federal OSHA rules.

16. Does OSHA need a search warrant to enter my facility?

According to 29 CFR 1903.3(a), OSHA inspectors are authorized to enter workplaces without delay and at reasonable times. However, you may require an OSHA inspector to obtain a warrant before you allow him to enter your facility. [See 29 CFR 1903.4(a)]

17. When do I have to follow the Construction rules (29 CFR 1926) versus the General Industry rules (29 CFR 1910)?

You must follow the Construction rules whenever you are doing construction, even if you are normally subject to the General Industry rules. [See 29 CFR 1910.12(a)] OSHA defines construction as follows: work for construction, alteration, and/or repair, including painting and decorating" [29 CFR 1926.32(g) and 29 CFR 1910.12(b)]. Construction is considered to be separate from maintenance. If you are doing maintenance, you will follow the General Industry rules. OSHA does not have a specified definition of the term "maintenance." However, in a Letter of Interpretation dated August 11, 1994, it stated the following:

“Maintenance activities” can be defined as making or keeping a structure, fixture or foundation (substrates) in proper condition in a routine, scheduled, or anticipated fashion. This definition implies “keeping equipment working in its existing state, i.e., preventing its failure or decline.” However, this definition…is not dispositive; and, consequently, determinations of whether a contractor is engaged in maintenance operations rather than construction activities must be made on a case-by case basis, taking into account all information available at a particular site.

18. How often do I need to retrain my forklift operators?

Forklift operators must be retrained whenever one of five conditions is met [see 29 CFR 1910.178(l)(4)]:

The driver is observed to be operating the forklift unsafely.
The driver is involved in an accident.
The driver receives an evaluation that indicates that he needs to be retrained.
The driver is assigned to drive a new kind of truck.
There is some kind of change in the workplace that will affect the driver's ability to operate the truck safely.

19. Do I have to do HazCom training annually (29 CFR 1910.1200)?

According to the Federal OSHA rules, employees must be retrained under HazCom whenever a new hazard (flammable, corrosive, oxidizer, etc.) is introduced into the workplace [see 29 CFR 1910.1200(h)(1)]. There is no annual requirement under the Federal rules; however, some states do require employers to do annual HazCom training.

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