[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.5]

[Page 95]
 
                             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 
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modified nor superseded by any different general standard whose 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]