Live From Safety 2014: Legal Implications of Voluntary Consensus Standards

Post by Safety 2014 Guest Blogger Frank D'Orsi, CSP, ARM

During one of the concurrent sessions at ASSE's Safety 2014 in Orlando, FL, speaker Adele Abrams offered a comprehensive look at the history and development of public consensus standards, committee make up and the requirements, as well the laws and guidelines that govern them. Adele explained the requirements of OMB A119 that covers consensus standard committees and development of the standards as being 1) openess; 2) requiring balance of interest of the members; 3) due process; and 4) having an appeals process to handle to potential objections and changes. National Technology Transfer and Advancement Act (NTTAA) PL 104-113 through the OMB A119 circular encourages compliance agencies to adopt public consensus standards in lieu of creating government unique standards to eliminate time, cost and other burdens of standards development.

As Adele explains it, when MSHA and OSHA were first formed they had few standards and regulations to work with and as such adopted many consensus standards through reference into their regulations. When adopting consensus standards by reference into the regulations, the compliance agencies must go through a public notice and comment period.

In many current MSHA and OSHA regulations, which date back to the 1960s and 1970s, the referenced standards are a better measure of safety program guidelines for development. However, the consensus standards referenced may not be the most current version. So, it's best if safety professionals check that they are using the most current version of referenced consensus standards because even if they're not referenced in the regulations they may carry greater weight and liability potential if not adopted and used. Adele also explained the various legal implications the employer may have with respect to consensus standards and compliance.

The detailed proceedings document for this presentation should be a must-read for all safety professionals for not only the history and parameters established for the public consensus committees and standards development, but also the adoption into the compliance regulations and the potential employer liability that they create.