29 C.F.R. § 1910.5

Applicability of standards

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(a) Except as provided in paragraph (b) of this section, the standards contained in this Part shall apply with respect to employments performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, and Johnston Island.

(b) None of the standards in this part shall apply to working conditions of employees with respect to which Federal agencies other than the Department of Labor, or State agencies acting under section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.

(c)(1) If a particular standard is specifically applicable to a condition, practice, means, method, operation, or process, it shall prevail over any different general standard which might otherwise be applicable to the same condition, practice, means, method, operation, or process. For example, § 1915.23(c)(3) of this title prescribes personal protective equipment for certain ship repairmen working in specified areas. Such a standard shall apply, and shall not be deemed modified nor superseded by any different general standard whose provisions might otherwise be applicable, to the ship repairmen working in the areas specified in § 1915.23(c)(3).

(2) On the other hand, any standard shall apply according to its terms to any employment and place of employment in any industry, even though particular standards are also prescribed for the industry, as in subpart B or subpart R of this part, to the extent that none of such particular standards applies. To illustrate, the general standard regarding noise exposure in § 1910.95 applies to employments and places of employment in pulp, paper, and paperboard mills covered by § 1910.261.

(d) In the event a standard protects on its face a class of persons larger than employees, the standard shall be applicable under this part only to employees and their employment and places of employment.

(e) [Reserved]

(f) An employer who is in compliance with any standard in this part shall be deemed to be in compliance with the requirement of section 5(a)(1) of the Act, but only to the extent of the condition, practice, means, method, operation, or process covered by the standard.

[39 FR 23502, June 27, 1974, as amended at 58 FR 35308, June 30, 1993; 85 FR 8732, Feb. 18, 2020]

Notes of Decisions

Cited in 48 cases (2 in the last 5 years), 1973–2023 · leading case: Kiewit Power Constructors Co. v. Sec'y of Labor, 959 F.3d 381 (D.C. Cir. 2020).

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Kiewit Power Constructors Co. v. Sec'y of Labor, 959 F.3d 381 (D.C. Cir. 2020). · cites it 4× “See 29 C.F.R. § 1910.5 (c)(2) (“[A]ny standard shall apply according to its terms to any employment and place of employment in any industry, even though particular standards are also prescribed for the industry, .”

Smith v. CSX Transp., Inc., 703 S.E.2d 671 (Ga. Ct. App. 2010). · cites it 8× “29 CFR § 1910.5 (a). See also 29 CFR § 1910.”

L. R. Willson & Sons, Inc. v. Raymond L. Donovan, Sec'y of Labor, United States Dep't of Labor, 685 F.2d 664 (D.C. Cir. 1982). · cites it 3× “This argument is supported, Willson argues, by Commission precedent, by court decisions, and by the Secretary’s regulation that governs the applicability of all standards, 29 C.F.R. § 1910.5 (c). 6 We disagree. A specific standard preempts a general one only if “a condition,…”

CSX Transp., Inc. v. Smith, 717 S.E.2d 209 (Ga. 2011). · cites it 4× “29 CFR § 1910.5 (a). See also 29 CFR § 1910.”

Raymond J. Donovan, Sec'y of Labor, Petitioner/cross-Respondent v. Red Star Marine Servs., Inc., Respondent/cross-Petitioner, 739 F.2d 774 (2d Cir. 1984). · cites it 2× “It is clear that 29 C.F.R. § 1910.5 (b) is simply a restatement of section 4(b)(1) of the OSH Act.”

Comm'r of Labor v. Weekley Homes, L.P., 609 S.E.2d 407 (N.C. Ct. App. 2005). · cites it 2× “29 C.F.R. § 1910.5 (c) (1998). Section 1910.”

Sanderson Farms, Inc. v. OSHC, 811 F.3d 730 (5th Cir. 2016). “See 29 C.F.R. § 1910.5 (c)(1) (“If a particular standard is specifically applicable to a condition .”

Thoma v. Kettler Bros., Inc., 632 A.2d 725 (D.C. 1993). · cites it 2× “arising out of, or in the course of, employment " (emphasis added); 29 C.F.R. § 1910.5 (d) ("Applicability of Standards") ("In the event a standard protects on its face a class of persons larger than employees, the standard shall be applicable under this part only to employees…”

Warren Barger & Marion Iwancio v. Mayor & City Council of Baltimore, a Mun. Corp., 616 F.2d 730 (4th Cir. 1980). · cites it 2× “The OSHA regulations, most of which have been incorporated by reference into Maryland law by the Maryland Commissioner of Labor .”

IBP, Inc. v. Herman, 144 F.3d 861 (D.C. Cir. 1998). · cites it 2× “She interprets her own regulations, which say that “[i]n the event a standard protects on its face a class of persons larger than employees, the standard shall be applicable under this part only to employees and their employment and places of employment,” 29 C.F.R. § 1910.5 (d)…”

West Point-Pepperell, Inc. v. Raymond J. Donovan, Sec'y of Labor, U. S. Dep't of Labor, 689 F.2d 950 (11th Cir. 1982). “OSHA regulation 29 C.F.R. § 1910.5 (f) states that “[a]n employer who is in compliance with any standard in this part shall be deemed to be in compliance with the requirement of section 5(a)(1) of the Act, but only to the extent of the condition, practice, means, methods,…”

Nat'l Realty & Constr. Co., Inc. v. Occupational Saf. & Health Review Comm'n, Sec'y of Labor, Party, 489 F.2d 1257 (D.C. Cir. 1973). “29 C.F.R. § 1910.5 (f). 10 . The Commission is composed of three members who are appointed by the President with the advice and consent of the Senate.”

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— 29 C.F.R. § 1910.5(c) — 1 case

McLaughlin v. Union Oil Co., 869 F.2d 1039 (7th Cir. 1989).

— 29 C.F.R. § 1910.5(c)(1) — 4 cases

L.R. Willson & Sons, Inc. v. Occupational Saf. & Health Review Comm'n & Raymond J. Donovan, Sec'y of Labor, United States Dep't of Labor, Raymond J. Donovan, Sec'y of Labor v. L.R. Willson & Sons, Inc., & Occupational Saf. & Health Review Comm'n, 698 F.2d 507 (D.C. Cir. 1983).

United States Steel Corp., Petitioner v. Occupational Saf. & Health Review Comm'n, 537 F.2d 780 (3rd Cir. 1976).

L.R. Willson & Sons, Inc. v. Occupational Saf. & Health Review Comm'n, 698 F.2d 507 (D.C. Cir. 1983).

United States Steel Corp. v. Occupational Saf. & Health Review Comm'n, 537 F.2d 780 (3rd Cir. 1976).

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