Regulatory Compliance and Consensus Standards
The legal architecture
In the United States, the OSH Act of 1970 creates two employer duties. Section 5(a)(2) requires compliance with specific OSHA standards, largely found in 29 CFR 1910 (general industry) and 29 CFR 1926 (construction). Section 5(a)(1), the General Duty Clause, covers hazards not addressed by a specific standard. States may run OSHA-approved state plans, which must be at least as effective as federal rules and may be stricter.
Consensus standards
ANSI/ASSP, NFPA, ASTM, ACGIH, and NIOSH publish voluntary consensus documents. They become enforceable when OSHA incorporates them by reference into a standard or cites them as evidence of a recognized hazard under the General Duty Clause. Read the verbs: "shall" is mandatory, "should" is advisory. ACGIH TLVs and NIOSH RELs are health-based recommendations; OSHA PELs are the legal limits and are often outdated. Letters of Interpretation clarify OSHA's position but are not themselves standards.
Multi-employer worksites
OSHA may cite a creating employer, an exposing employer, a correcting employer, and a controlling employer. A controlling employer's duty is reasonable care, proportionate to the extent of its authority.
Traps
- Citing the General Duty Clause when a specific standard applies (GDC is a fallback).
- Answering a question about the legal exposure limit with a TLV or REL.
- Assuming every consensus standard is legally binding everywhere.
- Reading "should" as mandatory.
- Forgetting employee duties (following rules and using required PPE) and whistleblower protections.
Toolbox: specific standard first; General Duty Clause only when no standard applies; consensus standards as evidence of recognized hazard or industry practice.