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 Indiana Lawyer: Construction Site Injury
CONSTRUCTION SITE PERSONAL
INJURY NEWSLETTER
Archives
| This Newsletter is a
monthly update informing the reader of some recent developments in construction site
personal injury law. |
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.
Reference Source: National Safety Council, OSHA Up-to-Date, Vol. 28, No. 5, June, 1999
Indiana Lawyer,
Construction Injury, Attorney, Lawyer, Indiana, Indianapolis, Marion County, Hamilton
County, Personal Injury, Construction, Construction Injury, Traumatic Brain Injury, TBI,
Reflex Sympathetic Dystrophy, RSD Paralysis, Quadriplegia, Paraplegia, Wrongful Death,
Amputation, Electrocution, Burns
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