### §1910.1

31159), 4 2010 (75 FR 55355), or 1 2012 (77 FR 3912), asapplicable. Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5 U.S.C. 553; Public Law 106 113 (113 Star. 1501A 222); Pub. L. 11 8 and 111 317; and OMB Circular A 25 (dated July 8, 1993) (58 FR 38142, July 15, 1993). 

### SubpartA-General
§1910.1 Purposeandscope. (a) Section 6(a) of the WilliamsSteiger Occupational Safety and Health Act of 1970 (84 Stat. 1593) providesthat "without regard to chapter 5 oftitle 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date ofthis Act and ending 2 years after such date, by rule promulgate as an occupational safety or health standard any national

eoneensus standard, and any established Federal standard, unless he determines that the promulgation ofsuch

a standard would not result in improved safety or health for specifically designated employees." The legislative purpose of this provision is to establish, asrapidly as possible and without regard to the rule-making provisions of the Administrative Procedure Act, standards with which industries are generally familiar, and on whose adoption interested and affected persons have already had an opportunity to express their views. Such standards are either (1) national concensus standards

on whose adoption affected persons havereached substantial agreement, or (2) Federal standards already established by Federal statutes or regulations. (b) Thispart carries out the directive
tothe Secretary ofLabor under section 6(a) of the Act. It contains occupational safety and health standards which have been found to be national

consensus standards or established Federal standards.
§1910.2 Definitions.
As used in this part, unless the context clearly requires otherwise: (a) Act means the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat.1590). 

### 29CFR Ch.XVII (7-1-15 Edition)

(b) AssistantSecretaryofLabormeans the Assistant Secretary of Labor for Occupational Safety andHealth; (c) Employermeans a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision ofa State; (d) Employeemeansan employee ofan employer who is employed in a business ofhis employer which affects commerce; (e) Commerce means trade, traffic,
commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outsidethereof; (f) Standardmeans a standard which requires conditions, or the adoption or

use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment andplaces ofemployment; (g)Nationalconsensusstandardmeans any standard or modification thereof which (1) hasbeen adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined bythe Secretary ofLabor orby the Assistant Secretary ofLabor thatpersons interested and affected by the scope or provisions ofthe standard havereached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered, and (3) hasbeen designated as such a standard by the Secretary or the Assistant Secretary, after consultation with other appropriate Federal agencies; and (h)Established Federalstandard means any operative standard established by
any agency ofthe United States and in effect on April 28, 1971, or contained in
any Act of Congress in force on the date of enactment of the WilliamsSteiger Occupational Safety and HealthAct.