§ 1910.1

31159), 4 2010 (75 FR 55355), or 1 2012 (77 FR

3912), as applicable.

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).

Subpart A-General

§ 1910.1 Purpose and scope.

(a) Section 6(a) of the WilliamsSteiger Occupational Safety and

Health Act of 1970 (84 Stat. 1593) provides that "without regard to chapter 5

of title 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 of this 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 of such

a standard would not result in improved safety or health for specifically

designated employees." The legislative

purpose of this provision is to establish, as rapidly 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

have reached substantial agreement, or

(2) Federal standards already established by Federal statutes or regulations.

(b) This part carries out the directive

to the Secretary of Labor 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).

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

(b) Assistant Secretary of Labor means

the Assistant Secretary of Labor for

Occupational Safety and Health;

(c) Employer means a person engaged

in a business affecting commerce who

has employees, but does not include

the United States or any State or political subdivision of a State;

(d) Employee means an employee of an

employer who is employed in a business of his 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 outside thereof;

(f) Standard means 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

and places of employment;

(g) National consensus standard means

any standard or modification thereof

which (1) has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined

by the Secretary of Labor or by the Assistant Secretary of Labor that persons

interested and affected by the scope or

provisions of the standard have reached

substantial agreement on its adoption,

(2) was formulated in a manner which

afforded an opportunity for diverse

views to be considered, and (3) has been

designated as such a standard by the

Secretary or the Assistant Secretary,

after consultation with other appropriate Federal agencies; and

(h) Established Federal standard means

any operative standard established by

any agency of the 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

Health Act.