Safety Regulations and Compliance Standards

This document outlines the key safety regulations and compliance standards applicable to both general industry and construction, drawing from federal and state-specific guidelines. It emphasizes the importance of adherence to these standards to ensure a safe working environment and to meet legal obligations.

General Safety Obligations

Employers have a fundamental duty to provide a workplace free from recognized hazards that could cause death or serious physical harm to employees. This includes complying with all relevant occupational safety and health standards. [1]

Employees also have a responsibility to comply with safety and health standards, rules, regulations, and orders applicable to their actions and conduct. [1]

OSHA Standards and Regulations

The primary source for specific safety and health standards is Title 29 of the Code of Federal Regulations (CFR), particularly the 1900 series. Subparts A and B of 29 CFR 1910 establish the foundation for these standards. [2]

Violations are typically cited based on the most specific provision of a standard. [2]

Standards can be either vertical (specific to an industry or operation) or horizontal (general standards applicable across multiple industries). [2]

Kentucky State Regulations

Kentucky's occupational safety and health regulations mirror the federal standards and are detailed in the Kentucky Revised Statutes, Title XXVII, Chapter 338. These regulations cover both general industry and construction. [1]

Key areas covered by Kentucky regulations include:

• Hazardous Materials (803 KAR 2:307)
• General Environmental Controls, including Lockout procedures (803 KAR 2:309)
• Medical Services & First Aid (803 KAR 2:310)
• Machinery & Machine Guarding (803 KAR 2:314)
• Electrical Safety (803 KAR 2:318)
• Toxic & Hazardous Substances (803 KAR 2:320)
• General Industry Standards (803 KAR 2:325)
• Fall Protection (803 KAR 2:412)
• Steel Erection (803 KAR 2:417)
• Supply Lines in Excess of 600 Volts (803 KAR 2:435)
• Cranes and Derricks in Construction (803 KAR 2:440)
• Recordkeeping and Reporting Occupational Injuries and Illnesses (803 KAR 2:181)
• Refusal to Work When Dangerous Condition Exist (803 KAR 2:220)
• Pay During Inspection Activities (803 KAR 2:230)
• Time for Filing Discrimination Complaint (803 KAR 2:240)
• Citations (803 KAR 2:120)
• Abatement (803 KAR 2:122)
• Posting of Citation (803 KAR 2:125)
• Failure to Correct Violation (803 KAR 2:127)
• Informal Conference (803 KAR 2:130)
• Contest of Citation (803 KAR 2:140)

[5] [12] [14] Michigan (MIOSHA) Regulations

The Michigan Occupational Safety and Health Administration (MIOSHA) adopts many federal OSHA regulations by reference. These adopted regulations have the same legal force as rules promulgated under the Michigan Occupational Safety and Health Act. [6] [8] [9]

MIOSHA regulations cover a wide range of safety and health aspects, including:

• Hazardous Waste Operations and Emergency Response (29 CFR 1910.120)
• Hazard Communication (29 CFR 1910.1200)
• Occupational Noise Exposure (29 CFR part 1910, subpart G)
• Air Contaminants (29 CFR part 1910, subpart Z)
• Respiratory Protection (29 CFR 1910.134)
• Personal Protective Equipment (29 CFR part 1910, subpart I)
• Fire Protection and Prevention (29 CFR 1910. 38, 1910.156, 1910.165, and part 1910, subpart L)
• Sanitation (29 CFR 1910.141)
• Employee Medical Records and Trade Secrets (29 CFR 1910.1020)
• Excavation, Trenching, And Shoring (29 CFR part 1926, subpart P)
• Temporary heating devices (29 CFR 1926.154)
• General requirements (29 CFR 1926.300)
• Power-operated hand tools (29 CFR 1926.302)
• Gas welding and cutting (29 CFR 1926.350)
• Ventilation and protection in welding, cutting, and heating (29 CFR 1926.353)
• Welding, cutting, and heating in way of preservative coatings (29 CFR 1926.354)
• Introduction (29 CFR 1926.400)
• General requirements for electrical (29 CFR 1926.403)
• Equipment (29 CFR 1926.600)
• Marine operations and equipment (29 CFR 1926.605)
• Preparatory operations for demolition (29 CFR 1926.850)
• Inspection after blasting (29 CFR 1926.910)
• Definitions applicable to blasting (29 CFR 1926.914)
• General requirements for power transmission and distribution (29 CFR 1926.950)

[8] [9] [6] Construction Standards

Construction work is specifically addressed by 29 CFR 1926 and related state regulations. These standards apply to a wide array of activities including construction, alteration, and repair work. [3]

Key construction-related standards include:

• Personal Protective and Life Saving Equipment (29 CFR 1926 Subpart E)
• Fire Protection and Prevention (29 CFR 1926 Subpart F)
• Signs, Signals, and Barricades (29 CFR 1926 Subpart G)
• Materials Handling, Storage, Use, and Disposal (29 CFR 1926 Subpart H)
• Tools-Hand and Power (29 CFR 1926 Subpart I)
• Welding and Cutting (29 CFR 1926 Subpart J)
• Electrical (29 CFR 1926 Subpart K)
• Scaffolds (29 CFR 1926 Subpart L)
• Fall Protection (29 CFR 1926 Subpart M)
• Helicopters, Hoists, Elevators, and Conveyors (29 CFR 1926 Subpart N)
• Motor Vehicles, Mechanized Equipment, and Marine Operations (29 CFR 1926 Subpart O)
• Excavations (29 CFR 1926 Subpart P)
• Concrete and Masonry Construction (29 CFR 1926 Subpart Q)
• Steel Erection (29 CFR 1926 Subpart R)
• Underground Construction, Caissons, Cofferdams, and Compressed Air (29 CFR 1926 Subpart S)
• Demolition (29 CFR 1926 Subpart T)
• Blasting and Use of Explosives (29 CFR 1926 Subpart U)

[15] [11] General Industry Standards Applicable to Construction

Certain general industry standards (29 CFR 1910) also apply to construction work. Enforcement of these standards in construction settings should align with their scopes and definitions. [13]

Examples of general industry standards applicable to construction include:

• Ionizing Radiation (1910.1096)
• Airborne Asbestos, Tremolite, Anthophyllite, Actinolite Dust (1910.1101)
• Formaldehyde (1910.1048)
• Hazard Communication (1910.1200)
• Retention of DOT markings, placards and labels (1910.1201)
• Respiratory protection (1910.134)
• Powered industrial truck operator training (1910.178(1))
• Diving Operations (Subpart Y)
• Safety-Related Work Practices (Part 40)
• Electric Power Generation, Transmission, and Distribution (1910.269)

[13] [16] [16] Reference Documents and Consensus Standards

Several reference documents and national consensus standards provide detailed specifications that can help employers comply with OSHA's performance-based requirements. While compliance with these consensus standards is not always mandatory, they offer valuable guidance. [7] [4]

Examples of referenced consensus standards include:

• ANSI/SIA A92.2, American National Standard for Vehicle-Mounted Elevating and Rotating Aerial Devices
• ANSI Z133, American National Standard Safety Requirements for Arboricultural Operations
• ANSI/IEEE Std 935, IEEE Guide on Terminology for Tools and Equipment to Be Used in Live Line Working
• ASME B20.1, Safety Standard for Conveyors and Related Equipment
• ASTM D120, Standard Specification for Rubber Insulating Gloves

[4] [7] Confined Spaces in Construction

Confined spaces are defined as spaces large enough for bodily entry, with limited entry/exit means, and not designed for continuous occupancy. [10]

Key terms related to confined spaces include:

• Acceptable entry conditions: Conditions that ensure safe entry and work within the space.
• Attendant: Individual stationed outside the permit space to monitor entrants.
• Authorized entrant: Employee authorized to enter the permit space.
• Barrier: Physical obstruction blocking or limiting access.
• Blanking or blinding: Absolute closure of a pipe with a solid plate.
• Competent person: Capable of identifying hazards and taking corrective measures.
• Control: Actions to reduce hazards inside the space.
• Controlling Contractor: Employer with overall responsibility at the worksite.
• Double block and bleed: Closure of a line using two locked valves and a drain valve.
• Early-warning system: Method to alert entrants of developing engulfment hazards.
• Engulfment: Surrounding and capture of a person by liquid or solid substance.
• Entry: Action of any part of a person passing through an opening into a permit-required confined space.
• Entry Employer: Employer who decides that an employee it directs will enter a permit space.
• Entry permit (permit): Written document allowing and controlling entry into a permit space.
• Entry rescue: Rescue service entering a permit space to rescue employees.

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