(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, the Commonwealth of the Northern Mariana Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental
Shelf Lands Act, and Johnston Island.
(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, § 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 Such a standard shall apply, and shall not be deemed modified nor superseded by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 § 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 § 1910.95 applies to employments and places of employment in pulp, paper, and paperboard mills
covered by § 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.
(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
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