[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.5]

[Page 91-92]
 
                             TITLE 29--LABOR

 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 

                                OF LABOR

 
PART 1910_OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents

 
                            Subpart A_General

 
Sec. 1910.5  Applicability of standards.


    (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, 

Trust Territory of the Pacific Islands, Wake Island, Outer Continental 

Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston 

Island, and the Canal Zone.

    (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, Sec. 1915.23(c)(3) of this title prescribes



[[Page 92]]



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modified nor superseded by any different general standard whose 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 Sec. 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 Sec. 1910.95 applies to employments and 

places of employment in pulp, paper, and paperboard mills covered by 

Sec. 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]