Which OSHA Standards Apply?

Many employers have questions regarding which Occupational Safety and Health standards apply to them. For this reason, the OSH Division has put together information that will help the employer determine which standards apply to them as it pertains to recordkeeping, general industry, construction, agriculture, shipyard employment (public sector) and marine terminals (public sector). Note: The OSH Division does not have enforcement jurisdiction for the longshoring standards.

With certain exceptions, the N.C. Department of Labor adopts federal OSHA standards verbatim. When OSH Administrative rules differ from federal OSHA standards, employers must comply with the state-specific rules.

North Carolina is an OSHA-approved State Plan that covers both private and state and local government workers.

Which OSHA Standards Apply?

Does 29 CFR Part 1904 - Recordkeeping Standards Apply?

Does 29 CFR Part 1904 - Recordkeeping Standards Apply?

All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by Part 1904 regulations. However, many employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. Please note that the following exemptions DO NOT apply to Public Sector employers in North Carolina. Reference NCGS 95-148, Operational Procedure Notice 128 and Standards Notice 75.

  • If your company had ten or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under 1904.41 or 1904.42. However, as required by 1904.39, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of one or more employees.
  • If your company had more than ten employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under 1904.2.
  • If your business establishment is classified in a partially exempt industry group listed in Appendix A to this subpart, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under 1904.41 or 1904.42. However, all employers must report to OSHA any workplace incident that results in an employee's fatality, inpatient hospitalization, amputation, or loss of an eye.

More information on recordkeeping requirements can be found on the A-Z safety and health topics page for Recording and Reporting.

Does 29 CFR Part 1910 - General Industry Standards Apply?

Does 29 CFR Part 1910 - General Industry Standards Apply?

29 CFR Part 1910 General Industry standards apply to all places of employment in general industry. To identify the specific standards within Part 1910 that apply to you, go to the General Industry Standards webpage.

OSHA uses the term "general industry" to refer to all industries not included in agriculture, construction or maritime. General industries are regulated by OSHA's general industry standards, directives, and standard interpretations.

OSH enforcement procedures and field operations manual provides compliance guidance and reference documents for inspections conducted by the OSH Division in North Carolina.

Note: Many employers may need to comply with both general industry standards and construction standards depending on the work that is being performed.

Does 29 CFR Part 1915 - Shipyard Employment Standards Apply?

Does 29 CFR Part 1915 - Shipyard Employment Standards Apply?

29 CFR Part 1915 Shipyard Employment standards include the building, repairing, and breaking (scrapping, disposal, recycling) of vessels, or a section of a vessel, without regard to geographical location. It also involves work activities aboard floating vessels as well as vessel-related work activities on the land, docks, piers, and other areas of a shipyard.

Although 29 CFR Part 1915 covers many hazards in shipyard employment, it does not cover all hazards. Therefore, some of the 29 CFR Part 1910 General Industry Standards may also be applicable in shipyard employment.

In North Carolina, the OSH Division has authority over public sector shipyard employment activities on inspected vessels if the work is performed by public sector shipyard employees (non-crew members). The U.S. Coast Guard regulates working conditions for seamen (crew members) on inspected vessels while Federal OSHA has authority to cite private sector shipyard employment activities on inspected vessels if the work is performed by shipyard employees (non-crew members).

Note: An inspected vessel is any ship, boat, barge, etc., that has or is required to have a Certificate of Inspection (COI) issued by the U.S. Coast Guard.

On uninspected vessels, the OSH Division has authority to cite public sector shipyard employers for all working conditions. The OSH Division can also cite the owners or operators of uninspected vessels for violations involving shipbuilding, shipbreaking, and ship repair operations regardless of whether the work is performed by seamen (crew members) or by non-crew members unless the hazards are covered by U.S. Coast Guard regulations.

Field Operations Manual Chapter 18 - Maritime Inspection Procedures provides compliance guidance and reference documents for maritime inspections conducted by the OSH Division. Reference the OSH enforcement procedures and field operations manual for additional information related to compliance inspections in North Carolina.

Note: Some activities within a shipyard may also be covered under 29 CFR Part 1926 Construction standards if considered Construction work.

Does 29 CFR Part 1917 - Marine Terminals Standards Apply?

Does 29 CFR Part 1917 - Marine Terminals Standards Apply?

29 CFR Part 1917 - Marine Terminals standards include the loading, unloading, movement or other handling of cargo, ship’s stores, or gear within the terminal or into or out of any land carrier, holding or consolidation area, and any other activity within and associated with the overall operations and functions of the terminal, except as noted in the standards. It includes all cargo transfers using shore-based material handling devices.

In North Carolina, the OSH Division has authority to cite employers engaged in public sector marine terminal operations. The U.S. Coast Guard regulations do not preempt the OSH Division from citing these employers, however on inspected vessels, the OSH Division has no authority to cite the owner or operator of the vessel with respect to any working conditions of seamen (crew members), regardless of the work they are performing.

Field Operations Manual Chapter 18 - Maritime Inspection Procedures provides compliance guidance and reference documents for maritime inspections conducted by the OSH Division. Reference the OSH enforcement procedures and field operations manual for additional information related to compliance inspections in North Carolina.

Does 29 CFR Part 1926 - Construction Standards Apply?

Does 29 CFR Part 1926 - Construction Standards Apply?

29 CFR Part 1926 Construction standards apply to all places of employment where employees are engaged in construction work. 

Construction work means work for construction, alteration, and/or repair, including painting and decorating. Construction work includes the erection of new electric transmission and distribution lines and equipment, and the alteration, conversion, and improvement of the existing transmission and distribution lines and equipment.

Field Operations Manual Chapter 12 - Construction provides compliance guidance and reference documents for construction inspections conducted by the OSH Division. Reference the OSH enforcement procedures and field operations manual for additional information related to compliance inspections in North Carolina.

To identify the specific standards within Part 1926 that apply to you, go to the Construction Standards webpage.

Note: Many employers may need to comply with both general industry standards and construction standards depending on the work that is being performed.

Does 29 CFR Part 1928 - Agriculture Standards Apply?

Does 29 CFR Part 1928 - Agriculture Standards Apply?

29 CFR Part 1928 Agriculture standards apply to all agricultural operations and some 29 CFR Part 1910 General Industry standards. To identify the specific standards within Part 1928 that apply to you, go to the Agriculture Standards webpage.

Field Operations Manual Chapter 11 - Agricultural Safety and Health Inspection Procedures provides compliance guidance and reference documents for agricultural inspections conducted by the OSH Division. Reference the OSH enforcement procedures and field operations manual for additional information related to compliance inspections in North Carolina.

The agricultural safety and health bureau enforces the OSHA standards in NC. They also enforce the Migrant Housing Act. More information can be found on the agricultural safety and health page.

 

Does the North Carolina State Specific Standards Apply?

Does the North Carolina State Specific Standards Apply?

The North Carolina state specific standards apply to all places of employment in North Carolina. With certain exceptions, the N.C. Department of Labor adopts federal OSHA standards verbatim. When OSH Administrative rules differ from federal OSHA standards, employers must comply with the state-specific rules.

To identify which standards that apply to you, go to the North Carolina State Specific Standards webpage.