Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees". Section 5(a)(2) requires employers to "comply with occupational safety and health standards promulgated under this Act".
 

Note: Twenty-four states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have adopted their own standards and enforcement policies. For the most part, these States adopt standards that are identical to Federal OSHA. However, some States have adopted different standards applicable to this topic or may have different enforcement policies.

General Industry (29 CFR 1910)

• 1910 Subpart E, Exit routes, emergency action plans, and fire prevention plans [related topic page]
• 1910.35, Compliance with NFPA 101-2000, Life Safety Code
• 1910.36, Design and construction requirements for exit routes
• 1910.37, Maintenance, safeguards, and operational features for exit routes
• 1910.38, Emergency action plans
• 1910.39, Fire prevention plans
• 1910 Subpart G, Occupational health and environmental controls
• 1910.94, Ventilation [related topic page]
• 1910 Subpart H, Hazardous materials [related topic page]
• 1910.101, Compressed gases (general requirements)
• 1910.102, Acetylene
• 1910.103, Hydrogen
• 1910.104, Oxygen
• 1910.106, Flammable and combustible liquids
• 1910.107, Spray finishing using flammable and combustible materials
• 1910.108, Dip tanks containing flammable or combustible liquids
• 1910.109, Explosives and blasting agents
• 1910.110, Storage and handling of liquefied petroleum gases
• 1910.111, Storage and handling of anhydrous ammonia [related topic page]
• 1910.119, Process safety management of highly hazardous chemicals [related topic page]
• 1910.120, Hazardous waste operations and emergency response [related topic page]
• 1910 Subpart L, Fire protection
  • 1910.155, Scope, application and definitions applicable to this subpart
  • 1910.156, Fire brigades
  • 1910.157, Portable fire extinguishers
  • 1910.158, Standpipe and hose systems
  • 1910.159, Automatic sprinkler systems
  • 1910.160, Fixed extinguishing systems, general
  • 1910.161, Fixed extinguishing systems, dry chemical
  • 1910.162, Fixed extinguishing systems, gaseous agent
  • 1910.163, Fixed extinguishing systems, water spray and foam
  • 1910.164, Fire detection systems
  • 1910.165, Employee alarm systems
  • Appendix A, Fire Protection
  • Appendix B, National Consensus Standards
  • Appendix C, Fire Protection references for further information
  • Appendix D, Availability of publications incorporated by reference in section 1910.156 fire brigades
  • Appendix E, Test methods for protective clothing
• 1910 Subpart N, Materials handling and storage
• 1910.178, Powered industrial trucks [related topic page]
• 1910 Subpart Q, Welding, cutting, and brazing [related topic page]
• 1910.252, General requirements
• 1910.253, Oxygen-fuel gas welding and cutting.
• 1910.255, Resistance welding
• 1910 Subpart R, Special industries
• 1910.261, Pulp, paper, and paperboard mills [related topic page]
• 1910.263, Bakery equipment
• 1910.265, Sawmills [related topic page]
• 1910.266, Logging operations [related topic page]
• 1910.269, Electric power generation, transmission, and distribution [related topic page]
• 1910.272, Grain handling facilities [related topic page]
• 1910 Subpart Z, Toxic and hazardous substances [related topic page]
• 1910.1200, Hazard communication [related topic page]

Shipyard Employment (29 CFR 1915)

• 1915 Subpart P, Fire protection
  • 1915.501, General provisions
  • 1915.502, Fire safety plan
  • 1915.503, Precautions for hot work
  • 1915.504, Fire watches
  • 1915.505, Fire response
  • 1915.506, Hazards of fixed extinguishing systems on board vessels and vessel sections
  • 1915.507, Land-side fire protection systems
  • 1915.508, Training
  • 1915.509, Definitions applicable to this subpart
  • Appendix A, Model fire safety plan (Non-Mandatory)

Marine Terminals (29 CFR 1917)

Longshoring (29 CFR 1918)

Gear Certification (29 CFR 1919)

For additional information on OSHA standards for Shipyard Employment, Marine Terminals, and Longshoring, see the OSHA Assistance for the Maritime Industry Page.

Construction Industry (29 CFR 1926)

• 1926 Subpart C, General safety and health provisions
  • 1926.24, Fire protection and prevention
  • 1926.34, Means of egress
  • 1926.35, Employee emergency action plans

• 1926 Subpart D, Occupational health and environmental controls
  • 1926.57, Ventilation
  • 1926.64, Process safety management of highly hazardous chemicals
  • 1926.65, Hazardous waste operations and emergency response
  • 1926.66,Criteria for design and construction of spray booths
• 1926 Subpart F, Fire protection and prevention
  • 1926.150, Fire protection
  • 1926.151, Fire prevention
  • 1926.152, Flammable and combustible liquids
  • 1926.153, Liquefied petroleum gas (LP-Gas)
  • 1926.154, Temporary heating devices
  • 1926.155, Definitions applicable to this subpart
• 1926 Subpart H, Materials handling, storage, use, and disposal.
  • 1926.252, Disposal of waste materials

• 1926 Subpart J, Welding and cutting
  • 1926.350, Gas welding and cutting
  • 1926.352, Fire prevention

• 1926 Subpart K, Electrical
  • 1926.405, Wiring methods, components, and equipment for general use
  • 1926.408, Special systems

• 1926 Subpart R, Steel erection
  • 1926.752, Site layout, site-specific erection plan and construction sequence

• 1926 Subpart S, Underground construction, caissons, cofferdams, and compressed air
  • 1926.800, Underground construction
  • 1926.803, Compressed air. Includes a section on fire protection and prevention.
• 1926 Subpart T, Demolition
  • 1926.850, Preparatory operations

• 1926 Subpart U, Blasting and the use of explosives

For information on OSHA standards relating to electrical safety, see OSHA's Electrical Safety and Health Topics Page.

Regulatory Agenda

• The OSHA Regulatory Agenda contains an entry on Fire Protection in Shipyard Employment.

• Compliance Policy for Emergency Action Plans and Fire Prevention Plans. CPL 02-01-037 [CPL 2-1.037], (2002, July 9). Provides a consolidated compliance policy for the application of emergency action plans (EAPs) and fire prevention plans (FPPs), General Industry Standard for 29 CFR 1910.38.
• 1910.156(e)(3)(ii) Fire - Resistive Coat Requirements for Fire Brigades. STD 01-09-003 [STD 1-9.3], (1981, December 12). Recognizes a variation to the washing cycle requirements referenced in 29 CFR 1910.156 (e)(3)(ii).
• Fireworks Manufacturer: Compliance Policy. CPL 02-00-073 [CPL 2.73], (1986, February 3). Implements guidelines for the safety inspection of Fireworks Manufacturers under the National Emphasis Program (NEP).
• 29 CFR 1910.157(f)(2),(f)(2)(i) and (f)(4) Hydrostatic Testing of Dry Chemical Cartridge Portable Fire Extinguishers. STD 01-09-002 [STD 1-9.2], (1981, August 5). Provides exceptions for hydrostatic testing and repairs.
• Search all available directives.

• About ICC: Introduction to the ICC. International Code Council (ICC). Includes information about the ICC which initiated a request for recognition of its codes by OSHA in May of 2004, with submission of a document in November of 2005 that details a section by section comparison and analysis of the IBC with OSHA’s rules in Subpart E. After review of that document OSHA made a preliminary finding, as noted in an ANPRM, recognizing the IBC and IFC as compliant with the OSHA requirements.
  • Code Development. Includes information about the code development cycle, the National Institute of Standard's (NIST) World Trade Center Recommendations, disaster response, comparison of the International Building Code (IBC) with NFPA 5000, the Building Construction and Safety Code, as well as ICC policies and procedures.
  • ICC Statements and Comments. Includes Comments on Advance Notice of Proposed Rulemaking, OSHA Docket S-778B, demonstrating that the International Building Code (IBC) and International Fire Code (IFC) meet or exceed the OSHA requirements, and can be relied upon to record compliance with the federal requirements at Subpart E.

• Codes and Standards. National Fire Prevention Association (NFPA). develops, publishes, and disseminates more than 300 consensus codes and standards intended to minimize the possibility and effects of fire and other risks. Virtually every building, process, service, design, and installation in society today is affected by NFPA documents. Free online access is available:
  • 1, Uniform Fire Code
  • 101, Life Safety Code
  • 241, Standard for Safeguarding Construction, Alteration, and Demolition Operations
  • 5000, Building Construction and Safety Code

A consensus standard can be used to show "industry recognition" of a hazard. However, the hazard must be recognized in the employers' industry, not an industry other than the employers' industry.

Section 5(a)(1):

• is not used to enforce "should" standards.
• is not used to required abatement methods not required by a specific standard.
• is not normally used to cover categories of hazards exempted by an OSHA standard.

Background

Section 5(a)(1):

• Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee;
   
• The general duty provisions can only be used where there is no standard that applies to the particular hazard involved.

Evaluation of Potential 5(a)(1) situations:

• Employer failed to keep workplace free of hazards to which employees of that employer were exposed.
• Must involve a serious hazard and employee exposure
• Does not specify a particular abatement method - only that the employer keeps the workplace free of serious hazards by any feasible and effective means.
• The hazard must be reasonably foreseeable.
• The hazard was recognized.
• Industry recognition
• Employer recognition
• Common-sense recognition
• The hazard caused or was likely to cause death or serious physical harm.
• Feasible means to correct the hazard were available.