IS THERE A DIFFERENCE BETWEEN AN OSHA CONSTRUCTION
STANDARD, REGULATION OR GUIDELINE?

Everyone in the construction industry is familiar with the terms "Standard, Regulation and Guideline" yet, those terms are seldom defined in OSHA regulations or in construction safety literature. Is one more relevant or powerful than another? If a Standard conflicts with a Guideline, which controls? Although the definitions are seldom found, OSHA does define this terminology in a simple, clear and helpful manner.

Both OSHA "Regulations" and "Standards" are rules that have the full authority of the law. These terms are frequently used synonymously, although there is a difference. "Regulations" and "Standards" are required to go through OSHA’s formal rule making process, which includes proposed drafts, public notice and comment, re-drafts, Congressional review, internal review and then are promulgated and enforced by OSHA. Since "Standards" and "Regulations" are required to go through the formal rule making process, it can take years before a proposed "Standard" finally is promulgated and has the affect of law.

"Guidelines", however, provide information only and do not impose any legal obligation, duty or constraint on employers. Since "Guidelines" are voluntary, they do not have to go through the formal rule making process. This means that they are sometimes issued to provide guidance on pressing safety issues for which OSHA cannot possibly promulgate a "Standard" or "Regulation" for years to come.

To be more specific:

• "Standards" address specific hazards and suggest specific solutions;
• "Regulations" generally establish procedures, policies or frameworks;
• "Guidelines" are simply recommendations that employers may choose to follow voluntarily but are not required to do so.

Because "Guidelines" are simply recommendations, they can be quickly promulgated by OSHA to provide guidance to employers in dealing with particular safety issues prior to the promulgation and adoption of a "Standard" covering the same safety issues.