Fireworks Products Safety: OSHA Regulations

If you were seriously hurt in a fireworks accident, we can help you determine whether you can receive compensation for your injuries and medical bills. The OSHA Regulations below are provided for your information. They describe the steps that should be taken to ensure that fireworks are made and enjoyed in a safe way. Please feel free to contact us if your have any questions.

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OSHA Instruction CPL 2.73 FEB 3, 1986 Office of General Industry Compliance Assistance

Subject: Fireworks Manufacturers: Compliance Policy

A. Purpose. This instruction implements guidelines for the safety inspection of Fireworks Manufacturers under the National Emphasis Program (NEP).

B. Scope. This instruction applies OSHA-wide.

C. Reference. 1. OSHA Instruction CPL 2.45A, April 18, 1983.

2. OSHA Instruction CPL 2.67, August 8, 1985.

D. Action. Regional Administrators and Area Directors shall ensure that the procedures established in this instruction are adhered to in scheduling programmed inspections.

E. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this change is promptly forwarded to each State designee

2. Explain the technical content of this change to the State designee as requested.

3. Ensure that State designees are asked to acknowledge receipt of this Federal program change in writing, within 30 days of notification, to the Regional Administrator. This acknowledgment should include a description either of the State's plan to implement the change or of the reasons why the change should not apply to that State.

4. Review policies, instructions and guidelines issued by the State to determine if this change has been communicated to State program personnel.

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

F. Background. The Occupational Safety and Health Administration (OSHA) has established a National Emphasis Program (NEP) for the safety inspection of all fireworks manufacturers by the end of FY 1986. (See OSHA Instruction CPL 2.67.)

1. All current OSHA regulations, standards, and field operation procedures, as modified by the guidelines given in this instruction, apply to the conduct of these NEP inspections in the same way that they apply to any other inspection.

2. While there are no comprehensive and detailed OSHA standards applying specifically to the fireworks manufacturing industry, several general standards under CFR 1910.109 do apply.

3. The National Fire Protection Association (NFPA) has issued a consensus standard for the industry, Code for the Manufacture, Transportation, and Storage of Fireworks, NFPA 1124, published in 1984. This code is based on an earlier 1974 edition with the same title, but designated as NFPA 44A.

4. The agency's general policy on the use of consensus standards not adopted by OSHA has been stated in the Field Operations Manual (FOM), Chapter IV, A. 2. b. (2), under the General Duty clause, Section 5(a) (1) of the Occupational Safety and Health Act of 1970.

a. That policy is that OSHA will cite consensus standards when industry recognition of the hazards is established. That is generally accomplished when the industry itself, or its representatives, have participated on the committee drafting the consensus standards.

b. The American Pyrotechnics Association was represented on the NFPA Committee on Pyrotechnics as well as at least one manufacturer.

c. These factors provide evidence that those hazards addressed within NFPA 1124 are recognized as such within the fireworks manufacturing industry.

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

5. OSHA will cite serious violations of the NFPA 1124 consensus standard under 29 CFR 1910.109(b) (1) in accordance with the guidelines given in 1.2.

6. The fireworks manufacturing industry is also regulated in part by the Bureau of Alcohol, Tobacco and Firearms (BATF) of the Department of the Treasury. The relevant jurisdictional issues have been discussed in OSHA Instruction CPL 2.67.

a. It should be noted that BATF regulates only Class B fireworks, not Class C. (See Appendix B, pp.B-2 and -3) OSHA, therefore, has sole jurisdiction with regard to Class C fireworks.

b. CSHOs shall be familiar with BATF requirements for Class B fireworks and shall be watchful for apparent violations of those requirements. If any are observed, referrals shall be made to the local BATF office as soon as practicable.

c. Such referrals shall be made by personal contact, followed by a referral letter to both the local field office and the National BATF Office. (See Appendix C, p. C-2.)

G. Scope. There are some restrictions currently applying to enforcement activity within the fireworks industry, as outlined in OSHA Instruction CPL 2.67. The current Appropriations Act exempts from coverage under the NEP employers classified in certain SIC codes, including 2899, if they employ fewer than 11 workers. However, employers having fewer than 11 employees on site the day of an inspection are included in the program if, at any time of the year, they employed more than 10 employees.

1. The NEP applies to:

a. All fireworks manufacturing employers employing more than 10 employees at any time during the year;

b. All fireworks importers, dealers, and users who also manufacture or assemble the final fireworks product;

c. Both licensed and unlicensed manufacturers.

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

2. With regard to unlicensed manufacturers, however, if CSHOs become aware of such a facility and there is reason to believe that it is required to be licensed, they shall NOT attempt to inspect the facility but instead shall notify BATF as soon as practicable.

3. In addition, if CSHOs determine, during the inspection of a licensed facility, that illegal fireworks a re being manufactured, they shall report this information to the BATF at the conclusion of the inspection. They shall NOT discuss the illegality of these devices with the employer.

NOTE: Two of the most common illegal fireworks devices are M-80's and cherry bombs. (See Appendix B for a description of these devices.)

H. Full-Service Activities. The agency has a special emphasis consultation program in the fireworks manufacturing industry. (See OSHA Instruction TED 3.6.) CSHOs shall make every effort to help employers improve the safety and health conditions in their establishments.

NOTE: In the event that a CSHO finds a consultant onsite at the time of arrival, the consultant's visit shall be terminated in favor of the compliance inspection under 29 CFR 1908.6 (b) (2) (v) Fireworks inspections have been determined by the Assistant Secretary to be an "other critical inspection."

1. Even where OSHA will not be issuing citations, fireworks manufacturers shall be encouraged to implement all recommendations of NFPA 1124 as well as those of other applicable consensus standards.

2. During NEP site visits, CSHO's should also refer employers to other appropriate NFPA standards, such as NFPA 68-1978, Guide for Explosion Venting; NFPA 69-1978, Standard on Explosion Systems Prevention; NFPA 77-1933, Recommended Practices on Static Electricity; NFPA 79-1983, Lighting Protection Code; NFPA 220-1979, Standard on Types of Building Construction; NFPA 498-1982, Standard for Explosives Motor Vehicle Terminals.

I. Inspection Guidelines. Workers in fireworks manufacturing facilities are confronted by both safety and health hazards,

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

but by far the greatest threat comes from fires and explosions. The material that follows identifies and classifies these hazards, the engineering and work practice controls and the personal protective equipment that can be used to minimize them and the enforcement policy governing the issuance of citations as a result of hazards found during inspections conducted under the NEP.

1. General Citation Policy. When inspecting fireworks facilities as part of this NEP, CSHOs shall cite violations of OSHA standards wherever they are applicable.

a. OSHA standards are applicable to fireworks manufacturing facilities, including some provisions of 29 CFR 1910.109, Explosives and Blasting Agents.

b. Serious violations of applicable requirements of the recognized industry standard, NFPA 1124, shall be cited under 29 CFR 1910.109,(b) (1) of the Explosives and Blasting Agents standard, which states:

No person shall store, handle, or transport explosives or blasting agents when such storage, handling, and transportation of explosives or blasting agents constitutes an undue hazard to life.

c. Such violations shall not be cited under the general duty clause of the Act (Section 5 (a) (1)).

d. The SAVE for such citations shall be as follows:

29 CFR 1910.109(b) (1): Explosives or blasting agents were stored, handled or transported in such a manner as to constitute an undue hazard to life:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (DESCRIBE THE HAZARD AND SPECIFY THE NATIONAL CONSENSUS STANDARD AND PARAGRAPH WHICH RECOGNIZES THE HAZARD)

e. Since the standard addresses three hazard areas: storage, handling, and transportation, 29 CFR

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see also:

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