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 I, Personal protective equipment 
  • 1910.132, General requirements [related topic page]
  • 1910.134, Respiratory protection [related topic page]
    • Appendix A, Fit testing procedures (Mandatory)
    • Appendix B-1, User seal check procedures (Mandatory)
    • Appendix B-2, Respirator cleaning procedures (Mandatory)
    • Appendix C, OSHA respirator medical evaluation questionnaire (Mandatory)
    • Appendix D, Information for employees using respirators when not required under standard (Mandatory)

Construction Industry (29 CFR 1926)

• 1926 Subpart E, Personal protective and life saving equipment

• Air Contaminants (1989)
  • VII. Feasibility and Regulatory Analyses. Because the scope of this rulemaking is restricted exclusively to the general industry, OSHA has determined that it is most appropriate at this time to defer regulation of asphalt fumes until the agency has had sufficient time to address the complex health issues associated with this substance and to analyze the impact on the construction industry of establishing a permissible exposure limit (PEL) for this substance.
• Search all available preambles to final rules.

• Natural or mined asphalts do not fall within the scope of the Coal Tar Pitch Volatiles Standard. (1983, May 26). Natural or mined asphalts do not fall within the scope of the Coal Tar Pitch Volatiles (CTPV) Standard. Again, the CTVP Standard, as stated in 29 CFR 1910.1002, applies to emissions only from products that are residues of distillation processes. Thus, "natural" or mined asphalts, which are not distillation residues, do not fall under the CTPV standard.
• Petroleum asphalt removed from coverage under the Coal Tar Pitch Volatiles Standard. (1983, April 8). OSHA believes that removal of petroleum asphalt from coverage under the Coal Tar Pitch Volatiles (CTPV) Standard was appropriate based on both scientific and technical considerations. Data indicate that there are qualitative and quantitative chemical differences between the volatiles arising from coal tar and asphalt. OSHA does recognize, however, that asphalt fumes can present a health hazard to employees.
• Citations for the wearing of short pants engaged in hot tar and asphalt construction work. (1997, April 17). Compliance officers will be instructed to balance the need for personal protective clothing, such as long pants, during hot asphalt operations against the need for clothing that is appropriate for severe environmental conditions such as extremely warm weather.
• Search all available standard interpretations.

• Fatal Explosion Brings Framingham Employer OSHA Citations. OSHA Region 1 News Release, (2004, January 15). An explosion of an asphalt tank at a Framingham, Mass. company that killed a worker could have been prevented if the company had taken the proper safety precautions, according to OSHA. Because of the agency's investigation of the fatal explosion, OSHA has issued citations alleging willful and serious safety violations to Triram Corporation of 721 Waverly St., including proposed penalties totaling $52,000.
• Worker's Death After Explosion of Tar Kettle Leads to $7,500 OSHA Fine For Bellefontaine, Ohio, Firm. OSHA Region 5 News Release, (2002, September 6). A Bellefontaine, Ohio, company's failure to provide safety training could have caused a fatal accident and has resulted in citations from OSHA. Company workers sealing cracks in asphalt used a tar kettle to heat solid tar up to temperatures above 350 degrees to liquefy the tar. The investigation revealed that water was added to oil in a thermal jacket around the tar kettle. The boiling water led to the release of hot steam and oil that was ignited by propane burners. An employee died after receiving severe burns. OSHA fined Garman Construction Co. $7,500 for five alleged serious violations, following its investigation of the explosion of the tar kettle at the worksite.
• OSHA Cites Gulfport, Miss., Manufacturer Following Investigation of Fatal Accident; Proposes $71,000 in Penalties. OSHA Region 4 News Release, (2001, June 15). OSHA has proposed $71,500 in penalties for Blacklidge Emusions, Inc., Gulfport, Miss., following the investigation of a fatal accident that occurred when an assistant plant manager attempted to cut a hole in a tank with an acetylene torch. The tank contained asphalt emulsion - an adhesive used in highway paving. The assistant plant manager was helping other employees by attempting to visually survey the amount of emulsion remaining in the 16-foot high, 10,000 gallon capacity tank.