DLLR's Division of Labor and Industry

 

MOSH Instruction 13-3 - Compliance Policy for Manufacture, Storage, Sale, Handling, Use and Display of Pyrotechnics

 
Subject: MOSH Instruction 13-3 - Compliance Policy for Manufacture, Storage, Sale, Handling, Use and Display of Pyrotechnics
   
Effective Date: February 1, 2013
   
Issuance Date: February 1, 2013
 
Cancellation: None
   
Expiration Date: None
   
Purpose: This Instruction adopts the OSHA Compliance Policy for Manufacture, Storage, Sale, Handling, Use and Display of Pyrotechnics to provide a comprehensive compliance policy for the inspection of the workplaces involved in the manufacturing, storage, sale, handling, use and display of pyrotechnics.
 
Scope: This Instruction applies MOSH-wide.
   
Reference: OSHA Directive CPL 02-01-053
   
Contact: Chief of MOSH Compliance Services
See MOSH Website for Current Information
   
By and Under the Authority of: Eric M. Uttenreither, Assistant Commissioner
 

Summary

In 1986, OSHA issued a Compliance Policy Instruction, CPL 02-00-073 - CPL 2.73 - Fireworks Manufacturer: Compliance Policy, which provided guidelines for inspecting fireworks manufacturing facilities under a National Emphasis Program. At that time, OSHA did not have a standard that specifically addressed the manufacturing of pyrotechnics. The term "pyrotechnics" used in this directive includes, but is not limited to fireworks (consumer and display) and articles pyrotechnic. However, in 1992, OSHA published the Process Safety Management (PSM) standard, 29 CFR 1910.119, which established requirements for preventing the consequences of catastrophic releases of specified Highly Hazardous Chemicals (that are above certain threshold quantities), including fires and explosions that may result during the manufacturing of pyrotechnics. Additionally, OSHA standard 29 CFR 1910.109, Explosives and blasting agents, includes storage and handling requirements relevant to explosives and pyrotechnics. Moreover, OSHA has several other general industry safety and health standards that may apply to the pyrotechnics industry.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has storage regulations for explosives that may preempt OSHA standards. Section 4(b)(1) of the Occupational Safety and Health Act (OSH Act) precludes OSHA from any enforcement activity over a working condition if another federal agency exercises its statutory authority over that working condition. Therefore, OSHA's authority may be preempted if ATF exercises its statutory authority over a particular working condition. This directive clarifies situations in which OSHA may issue citations for hazards related to pyrotechnics. This directive also clarifies conditions during which § 5(a)(1) of the OSH Act (General Duty Clause) can be applied to address hazards that are not specifically covered by OSHA standards.

Action

  1. MOSH compliance and consultation personnel shall utilize OSHA Directive CPL 02-01-053 while preparing for and performing on site inspections and visits involving the manufacturing, storage, sale, handling, use and display of pyrotechnics.
  2. Supervisors shall ensure that this instruction is reviewed with all compliance officers and consultation staff.
  3. Wherever the OSHA Instruction references job titles and offices, the equivalent MOSH job title or office shall apply.

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings


Download this instruction (Word document, 57KB, download Word viewer for free)

 
Return to top of page