In our daily work as safety professionals, we are guided by a lot of codes, standards, regulations, and rules that are intended to establish a baseline, albeit a minimum level of risk control. These codes, standards, regulations, and rules can be confusing to many who tried to read or interpret what the agency/group intends with their requirements. In fact, there are two (2) itty bitty words used in these codes, standards, regulations, and rules that can have a huge impact on the application of a requirement. These two words:
- and
- or
So often I have discussions with friends and clients about a specific OSHA or Fire Code requirements and we differ in our views because of one of these words is being read differently than it is used. Most often we just interchange the words and that can result in wildly confusing requirements. Now I am not trying to play on words like politicians do, but these two little words make all the difference in how a code, standard, regulation, or rule reads. For example:
When we read the definition of a Confined Space we see: (emphasis by me)
“Confined space” means a space that:
(1) Is large enough and so configured that an employee can bodily enter and perform assigned work; AND
(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); AND
(3) Is not designed for continuous employee occupancy.
Here we can see the use of the word “and” when establishing that ALL THREE (3) characteristics must be present for a space to become a confined space. Those who read the word “and” as “or” end up applying the standard to a space that is not even a CS and therefore can not be a Permit-Required Confined Space (PRCS). But when the space has ALL THREE (3) characteristics, it is a CS and then we ask ourselves if the CS rises to the level of being a PRCS. OSHA worded their definition of a PRCS in the following way to make clear that ONLY ONE OR MORE of the PRCS characteristics must be present to make the CS a PRCS.
“Permit-required confined space (permit space)” means a confined space that has ONE OR MORE of the following characteristics:
(1) Contains or has a potential to contain a hazardous atmosphere;
(2) Contains a material that has the potential for engulfing an entrant;
(3) Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or
(4) Contains any other recognized serious safety or health hazard.
An example of the use of the word “or” can be found in the labeling requirements of our HAZCOM standard. This very section has been a hot debate among several dozen SAFTENG members, one of which is contesting an OSHA citation as the CSHO may need to read this posting!
1910.1200(f)(6) Workplace labeling. Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked with either:
1910.1200(f)(6)(i) The information specified under paragraphs (f)(1)(i) through (v) of this section for labels on shipped containers; OR,
1910.1200(f)(6)(ii) Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.
As we can see above, OSHA gives us an option for our “workplace labeling”; we can use the GHS style label OR we can use product identifier and words, pictures, symbols, or a combination to meet the OSHA workplace labeling requirements.
We can also see the use of OR in OSHA’s definition of a Flammable Gas.
| Category | Criteria |
| 1 |
Gases, which at 20°C (68°F) and a standard pressure of 101.3 kPa (14.7 psi): (a) are ignitable when in a mixture of 13% or less by volume in air; OR (b) have a flammable range with air of at least 12 percentage points regardless of the lower flammable limit. |
| 2 | Gases, other than those of Category 1, which, at 20°C (68°F) and a standard pressure of 101.3 kPa (14.7 psi), have a flammable range while mixed in air. |
As we can see above, Category 1 Flammable Gases must meet ONLY one (1) of the criteria:
- ignitable when in a mixture of 13% or less by volume in air, OR
- has a flammable range of at least 12 percentage points regardless of the lower flammable limit