[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[From the U.S. Government Publishing Office]


          29



          Labor



[[Page i]]

          PARTS 1911 to 1925

          Revised as of July 1, 1997
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1997
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 29:
      Subtitle B--Regulations Relating to Labor (Continued):
          Chapter XVII--Occupational Safety and Health 
          Administration, Department of Labor                        5
  Finding Aids:
    Material Approved for Incorporation by Reference..........     361
    Table of CFR Titles and Chapters..........................     363
    Alphabetical List of Agencies Appearing in the CFR........     379
    List of CFR Sections Affected.............................     389

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                                  ----------------------------------------------------------                    

   Cite this Code:  CFR                                                         
                                                                                                                
   To cite the regulations in this volume use title, part                       
   and section number. Thus, 29 CFR 1911.1 refers to title                     
   29, part 1911, section 1.                                                   
                                  ----------------------------------------------------------                    
                                                                                                                


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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1997), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
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Customer Service call 202-512-1803.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1997.



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                               THIS TITLE

    Title 29--Labor is composed of nine volumes. The parts in these 
volumes are arranged in the following order: parts 0-99, parts 100-499, 
parts 500-899, parts 900-1899, parts 1900-1910.999, part 1910.1000-End, 
parts 1911-1925, part 1926, and part 1927 to end. The contents of these 
volumes represent all current regulations codified under this title as 
of July 1, 1997.

    The OMB control numbers for title 29 CFR part 1910 appear in 
Sec. 1910.8. For the convenience of the user, Sec. 1910.8 appears in the 
Finding Aids section of the volume containing Sec. 1910.1000 to the end.

    Redesignation tables appear in the Finding Aids section of the 
eighth volume.

    Subject indexes appear following the occupational safety and health 
standards (part 1910), and following the safety and health regulations 
for: Longshoring (part 1918), Gear Certification (part 1919), and 
Construction (part 1926).

    For this volume, Scott D. Andreae was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]



 
[[Page 1]]



                             TITLE 29--LABOR




                 (This book contains parts 1911 to 1925)

  --------------------------------------------------------------------

          SUBTITLE B--Regulations Relating to Labor (Continued)

                                                                    Part
Chapter xvii--Occupational Safety and Health Administration, 
  Department of Labor.......................................        1911

Cross references: Railroad Retirement Board: See Employees' Benefits, 20 
  CFR chapter II.

Social Security Administration, Department of Health and Human Services: 
  See Employees' Benefits, 20 CFR chapter III.

  Editorial Note: Other regulations issued by the Department of Labor 
appear in 20 CFR chapters I, IV, V, VI, and VII; 41 CFR chapters 50, 60, 
and 61; and 48 CFR chapter 29. For Standards for a Merit System of 
Personnel Administration: See 5 CFR part 900, subpart F.

[[Page 3]]



          Subtitle B--Regulations Relating to Labor (Continued)

[[Page 5]]



CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR--(Continued)




                          (Parts 1911 to 1925)

  --------------------------------------------------------------------

  Editorial Note: Chapter XVII is continued in the volumes containing 29 
CFR part 1926 and 29 CFR part 1927 to end.

Part                                                                Page

1911            Rules of procedure for promulgating, 
                    modifying, or revoking occupational 
                    safety or health standards..............           7
1912            Advisory committees on standards............          11
1912a           National Advisory Committee on Occupational 
                    Safety and Health.......................          19
1913            Rules of agency practice and procedure 
                    concerning OSHA access to employee 
                    medical records.........................          22
1915            Occupational safety and health standards for 
                    shipyard employment.....................          27
1917            Marine terminals............................         189
1918            Safety and health regulations for 
                    longshoring.............................         260
                Subject index for 29 CFR 1918--Longshoring..         325
1919            Gear certification..........................         329
                Subject index for 29 CFR 1919--Gear 
                    certification...........................         347
1920            Procedure for variations from safety and 
                    health regulations under the 
                    Longshoremen's and Harbor Workers' 
                    Compensation Act........................         349
1921            Rules of practice in enforcement proceedings 
                    under section 41 of the Longshoremen's 
                    and Harbor Workers' Compensation Act....         349
1922            Investigational hearings under section 41 of 
                    the Longshoremen's and Harbor Workers' 
                    Compensation Act........................         356
1924            Safety standards applicable to workshops and 
                    rehabilitation facilities assisted by 
                    grants..................................         357
1925            Safety and health standards for Federal 
                    service contracts.......................         357

[[Page 7]]



PART 1911--RULES OF PROCEDURE FOR PROMULGATING, MODIFYING, OR REVOKING OCCUPATIONAL SAFETY OR HEALTH STANDARDS--Table of Contents


Sec.
1911.1  Purpose and scope.
1911.2  Definitions.
1911.3  Petition for the promulgation, modification, or revocation of a 
          standard.
1911.4  Additional or alternative procedural requirements.
1911.5  Minor changes in standards.

                       Commencement of Rulemaking

1911.10  Construction standards.
1911.11  Other standards.
1911.12  Emergency standards.

                                Hearings

1911.15  Nature of hearing.
1911.16  Powers of presiding officer.
1911.17  Certification of the record of a hearing.
1911.18  Decision.

    Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 
(29 U.S.C. 653, 655, 657); secs. 1, 4, Walsh-Healey Public Contracts Act 
(41 U.S.C. 35, 38); secs. 2, 4, Service Contracts Act of 1965 (41 U.S.C. 
351, 353); sec. 107, Contract Work Hours and Safety Standards Act 
(Construction Safety Act) (40 U.S.C. 333); sec. 41, Longshoremen's and 
Harbor Workers' Compensation Act (33 U.S.C. 941); sec. 5(j)(2), National 
Foundation on Arts and Humanities Act (20 U.S.C. 954(j)(2)); 5 U.S.C. 
553; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), or 9-83 (48 FR 35736), as applicable. Sections 1911.12 and 
1911.18 also issued under 29 CFR part 1911.

    Source: 36 FR 17507, Sept. 1, 1971, unless otherwise noted.



Sec. 1911.1   Purpose and scope.

    This part sets forth rules of procedure for promulgating, modifying, 
or revoking occupational safety or health standards under section 6(b) 
(1), (2), (3), and (4) of the Williams-Steiger Occupational Safety and 
Health Act of 1970 and under any of the particular statutes listed in 
Sec. 1911.2(d) which may also cover the employments affected by the 
standards. The purpose of the rules is to provide for single proceedings 
in the setting of standards under the several statutes, in order to 
assure uniformity of the standards to be enforced under the several 
statutes and in order to avoid needless multiplicity of rulemaking 
proceedings dealing with the same subjects and issues relating to 
occupational safety and health standards.



Sec. 1911.2   Definitions.

    As used in this part, unless the context clearly requires 
otherwise--
    (a) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    (b) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970 (84 Stat. 1590; 29 U.S.C. 650).
    (c) Standard means an occupational safety and health standard which 
requires conditions, or the adoption or use of one or more practices, 
means, methods, operations, or processes, reasonably necessary or 
appropriate to provide safe or healthful employment and places of 
employment, and which is to be promulgated, modified, or revoked in 
accordance with section 6(b) (1), (2), (3), and (4) of the Act.
    (d) Particular statute  means any of the following statutes of 
particular application: The Act of June 30, 1936, commonly known as the 
Walsh-Healey Public Contracts Act (41 U.S.C. 35 et seq.), the Service 
Contract Act of 1965 (41 U.S.C. 351 et seq.), the Construction Safety 
Act (40 U.S.C. 333), the Longshoremen's and Harbor Workers' Compensation 
Act (33 U.S.C. 941), or the National Foundation on Arts and Humanities 
Act (20 U.S.C. 951 et seq.).



Sec. 1911.3   Petition for the promulgation, modification, or revocation of a standard.

    Any interested person may file with the Assistant Secretary, 
Occupational Safety and Health Administration, U.S. Department of Labor, 
Washington, D.C. 20210, a written petition for the promulgation, 
modification, or revocation of a standard. The petition should include, 
or be accompanied by, the proposed rule desired and a statement of the 
reasons therefor and intended effect thereof.



Sec. 1911.4   Additional or alternative procedural requirements.

    Upon reasonable notice to interested persons, the Assistant 
Secretary may in any particular proceeding prescribe additional or 
alternative procedural requirements:

[[Page 8]]

    (a) In order to expedite the conduct of the proceeding;
    (b) In order to provide greater procedural protection to interested 
persons whenever it is found necessary or appropriate to do so; or
    (c) For any other good cause which may be consistent with the 
applicable laws.



Sec. 1911.5   Minor changes in standards.

    Section 6(b), when construed in light of the rulemaking provisions 
of the Administrative Procedure Act (5 U.S.C. 553), is read as 
permitting the making of minor rules or amendments in which the public 
is not particularly interested without the notice and public procedure 
which is otherwise required. Whenever such a minor rule or amendment is 
adopted, it shall incorporate a finding of good cause to this effect for 
not providing notice and public procedure.

[37 FR 8664, Apr. 29, 1972]

                       Commencement of Rulemaking



Sec. 1911.10   Construction standards.

    The Assistant Secretary may promulgate, modify, or revoke a standard 
applicable to employments in construction work, as defined in 
Sec. 1910.12(b) of this chapter, in the following manner:
    (a) The Assistant Secretary shall consult with the Advisory 
Committee on Construction Safety and Health, established pursuant to 
section 107 of the Contract Work Hours and Safety Standards Act, in the 
formulation of a rule to promulgate, modify, or revoke a standard. The 
Assistant Secretary shall provide the committee with any proposal of his 
own or the Secretary of Health, Education, and Welfare, together with 
all pertinent factual information available to him, including the 
results of research, demonstrations, and experiments. The committee 
shall submit to the Assistant Secretary its recommendations regarding 
the rule to be promulgated within the period prescribed by the Assistant 
Secretary, which in no event shall be longer than 270 days from the date 
of initial consultation.
    (b) Within 60 days after the submission of the committee's 
recommendations or after the expiration of the period prescribed for 
such submissions, whichever date is earlier, the Assistant Secretary, if 
he determines that a rule should be issued, shall publish in the Federal 
Register a notice of proposed rulemaking. The notice shall include:
    (1) The terms of the proposed rule;
    (2) A reference to section 6(b) of the Act and to section 107 of the 
Contract Work Hours and Safety Standards Act;
    (3) An invitation to interested persons to submit within 30 days 
after publication of the notice written data, views, and arguments, 
which shall be available for public inspection and copying, except as to 
matters the disclosure of which is prohibited by law;
    (4) The time and place for an informal hearing to be commenced not 
earlier than 10 days following the end of the period for written 
comments;
    (5) A requirement for the filing of an intention to appear at the 
hearing, together with a statement of the position to be taken with 
regard to the proposed rule and of the evidence to be adduced in support 
of the position;
    (6) Designation of a presiding officer to conduct the hearing; and
    (7) Any other appropriate provisions pertinent to the proceeding.
    (c) Any interested person who files an intention to appear in 
accordance with paragraph (b) of this section shall have a right to 
participate at the informal hearing.
    (d) In lieu of the procedure prescribed in paragraph (b) of this 
section, the Assistant Secretary may follow the procedure prescribed in 
paragraph (b) of Sec. 1911.11 providing an opportunity for informal 
hearing.

[36 FR 17507, Sept. 1, 1971, as amended at 37 FR 12231, June 21, 1972]



Sec. 1911.11   Other standards.

    The Assistant Secretary may promulgate, modify, or revoke a standard 
applicable to employments other than those in construction work, as 
defined in Sec. 1910.12(b) of this chapter, in the following manner:
    (a) The Assistant Secretary may request the recommendations of an 
advisory committee appointed under section 7 of the Act. In such event, 
the Assistant Secretary shall submit to the committee any proposal of 
his own or of the Secretary of Health, Education,

[[Page 9]]

and Welfare, together with all pertinent factual information available 
to him, including the results of research, demonstrations, and 
experiments. The committee shall submit to the Assistant Secretary its 
recommendations regarding the rule to be promulgated within the period 
prescribed by the Assistant Secretary, which in no event shall be longer 
than 270 days.
    (b) The Assistant Secretary shall publish in the Federal Register a 
notice of proposed rulemaking. Where an advisory committee has been 
consulted and the Assistant Secretary determines that a rule should be 
issued, the notice shall be published within 60 days after the 
submission of the committee's recommendations or the expiration of the 
period prescribed for such submissions, whichever date is earlier. The 
notice shall include:
    (1) The terms of the proposed rule;
    (2) A reference to section 6(b) of the Act and to the appropriate 
section of any particular statute applicable to the employments affected 
by the rule;
    (3) An invitation to interested persons to submit within 30 days 
after publication of the notice written data, views, and arguments, 
which shall be available for public inspection and copying, except as to 
matters the disclosure of which is prohibited by law;
    (4) Either the time and place of an informal hearing on the proposed 
rule to be held not earlier than 10 days from the last day of the period 
for written comments, or information to interested persons that they may 
file on or before the 30th day after publication of the notice written 
objections to the proposed rule meeting the requirements of paragraph 
(c) of this section and request an informal hearing on the objections; 
and
    (5) Any other appropriate provisions with regard to the proceeding.
    (c) Objections to be submitted pursuant to paragraph (b) of this 
section shall comply with the following conditions:
    (1) The objections must include the name and address of the 
objector;
    (2) The objections must be postmarked on or before the 30th day 
after the date of publication of the notice of proposed rulemaking;
    (3) The objections must specify with particularity the provision of 
the proposed rule to which objection is taken, and must state the 
grounds therefor;
    (4) Each objection must be separately stated and numbered; and
    (5) The objections must be accompanied by a summary of the evidence 
proposed to be adduced at the requested hearing.
    (d) Within 30 days after the last day for filing objections, if 
objections are filed in substantial compliance with paragraph (c) of 
this section, the Assistant Secretary shall, and in any other case may, 
publish in the Federal Register a notice of informal hearing. The notice 
shall contain:
    (1) A statement of the time, place, and nature of the hearing;
    (2) A reference to the authority under which the hearing is to be 
held;
    (3) A specification of the provisions of the proposed rule which 
have been objected to, and on which an informal hearing has been 
requested;
    (4) A specification of the issues on which the hearing is to be had, 
which shall include at least all the issues raised by any objections 
properly filed, on which a hearing has been requested;
    (5) The requirement for the filing of an intention to appear at the 
hearing together with a statement of the position to be taken with 
regard to the issues specified and of the evidence to be adduced in 
support of the position;
    (6) The designation of a presiding officer to conduct the hearing; 
and
    (7) Any other appropriate provisions with regard to the proceeding.
    (e) Any objector requesting a hearing on proposed rule, and any 
interested person who files a proper intention to appear shall be 
entitled to participate at a hearing.



Sec. 1911.12   Emergency standards.

    (a)(1) Whenever an emergency standard is published pursuant to 
section 6(c) of the Act, the Assistant Secretary must commence a 
proceeding under section 6(b) of the Act, and the standard as published 
must serve as a proposed rule. Any notice of proposed rulemaking shall 
also give notice of any appropriate subsidiary proposals.
    (2) An emergency standard promulgated pursuant to section 6(c) of 
the

[[Page 10]]

Act shall be considered issued at the time when the standard is 
officially filed in the Office of the Federal Register. The time of 
official filing in the Office of the Federal Register is established for 
the purpose of determining the prematurity, timeliness, or lateness of 
petitions for judicial review.
    (b) If the Assistant Secretary wishes to consult an advisory 
committee on any of the proposals as permitted by section 7(b) of the 
Act, he shall afford interested persons an opportunity to inspect and 
copy any recommendations of the advisory committee within a reasonable 
time before the commencement of any informal hearing which may be held 
under this part, or before the termination of the period for the 
submission of written comments whenever an informal hearing is not 
initially noticed under Sec. 1910.11(b)(4) of this chapter.
    (c) Section 6(c) requires that any standard must be promulgated 
following the rulemaking proceeding within 6 months after the 
publication of the emergency standard. Because of the shortness of this 
period, the conduct of the proceeding shall be expedited to the extent 
practicable.

[37 FR 8664, Apr. 29, 1972, as amended at 42 FR 65166, Dec. 30, 1977]

                                Hearings



Sec. 1911.15   Nature of hearing.

    (a)(1) The legislative history of section 6 indicates that Congress 
intended informal rather than formal rulemaking procedures to apply. See 
the Conference Report, H. Rept. No. 91-1765, 91st Cong., second sess., 
34 (1970). The informality of the proceedings is also suggested by the 
fact that section 6(b) permits the making of a decision on the basis of 
written comments alone (unless an objection to a rule is made and a 
hearing is requested), the use of advisory committees, and the inherent 
legislative nature of the tasks involved. For these reasons, the 
proceedings pursuant to Sec. 1911.10 or Sec. 1911.11 shall be informal.
    (2) Section 6(b)(3) provides an opportunity for a hearing on 
objections to proposed rulemaking, and section 6(f) provides in 
connection with the judicial review of standards, that determinations of 
the Secretary shall be conclusive if supported by substantial evidence 
in the record as a whole. Although these sections are not read as 
requiring a rulemaking proceeding within the meaning of the last 
sentence of 5 U.S.C. 553(c) requiring the application of the formal 
requirements of 5 U.S.C. 556 and 557, they do suggest a congressional 
expectation that the rulemaking would be on the basis of a record to 
which a substantial evidence test, where pertinent, may be applied in 
the event an informal hearing is held.
    (3) The oral hearing shall be legislative in type. However, fairness 
may require an opportunity for cross-examination on crucial issues. The 
presiding officer is empowered to permit cross- examination under such 
circumstances. The essential intent is to provide an opportunity for 
effective oral presentation by interested persons which can be carried 
out with expedition and in the absence of rigid procedures which might 
unduly impede or protract the rulemaking process.
    (b) Although any hearing shall be informal and legislative in type, 
this part is intended to provide more than the bare essentials of 
informal rulemaking under 5 U.S.C. 553. The additional requirements are 
the following:
    (1) The presiding officer shall be a hearing examiner appointed 
under 5 U.S.C. 3105.
    (2) The presiding officer shall provide an opportunity for cross-
examination on crucial issues.
    (3) The hearing shall be reported verbatim, and a transcript shall 
be available to any interested person on such terms as the presiding 
officer may provide.

[37 FR 8664, Apr. 29, 1972, as amended at 37 FR 12231, June 21, 1972]



Sec. 1911.16   Powers of presiding officer.

    The officer presiding at a hearing shall have all the powers 
necessary or appropriate to conduct a fair and full hearing, including 
the powers:
    (a) To regulate the course of the proceedings;
    (b) To dispose of procedural requests, objections, and comparable 
matters;
    (c) To confine the presentations to the issues specified in the 
notice of

[[Page 11]]

hearing, or, where no issues are specified, to matters pertinent to the 
proposed rule;
    (d) To regulate the conduct of those present at the hearing by 
appropriate means;
    (e) In his discretion, to permit cross- examination of any witness;
    (f) To take official notice of material facts not appearing in the 
evidence in the record, so long as parties are entitled, on timely 
request, to an opportunity to show the contrary; and
    (g) In his discretion, to keep the record open for a reasonable, 
stated time to receive written recommendations, and supporting reasons, 
and additional data, views, and arguments from any person who has 
participated in the oral proceeding.



Sec. 1911.17   Certification of the record of a hearing.

    Upon completion of the oral presentations, the transcript thereof, 
together with written submissions on the proposed rule, exhibits filed 
during the hearing, and all posthearing comments, recommendations, and 
supporting reasons shall be certified by the officer presiding at the 
hearing to the Assistant Secretary.



Sec. 1911.18   Decision.

    (a)(1) Within 60 days after the expiration of the period provided 
for the submission of written data, views, and arguments on a proposed 
rule on which no hearing is held, or within 60 days after the 
certification of the record of a hearing, the Assistant Secretary shall 
publish in the Federal Register either an appropriate rule promulgating, 
modifying, or revoking a standard, or a determination that such a rule 
should not be issued. The action of the Assistant Secretary shall be 
taken after consideration of all relevant matter presented in written 
submissions and in any hearings held under this part.
    (2) A determination that a rule should not be issued on the basis of 
existing relevant matter may be accompanied by an invitation for the 
submission of additional data, views, or arguments from interested 
persons on the issue or issues involved. In which event, an appropriate 
rule or other determination shall be made within 60 days following the 
end of the period allowed for the submission of the additional comments.
    (b) Any rule or standard adopted under paragraph (a) of this section 
shall incorporate a concise general statement of its basis and purpose. 
The statement is not required to include specific and detailed findings 
and conclusions of the kind customarily associated with formal 
proceedings. However, the statement will show the significant issues 
which have been faced, and will articulate the rationale for their 
solution.
    (c) Where an advisory committee has been consulted in the 
formulation of a proposed rule, the Assistant Secretary may seek the 
advice of the advisory committee as to the disposition of the 
proceeding. In giving advice to the Assistant Secretary, an advisory 
committee shall consider all matter presented to the Assistant 
Secretary. The advice of an advisory committee shall take the form of 
written recommendations to be submitted to the Assistant Secretary 
within a period to be prescribed by him. When the recommendations are 
contained in the transcript of the meeting of an advisory committee, 
they shall be summary in form. See Secs. 1912.33 and 1912.34 of this 
chapter.
    (d) A rule promulgating, modifying, or revoking a standard, or a 
determination that a rule should not be promulgated, shall be considered 
issued at the time when the rule or determination is officially filed in 
the Office of the Federal Register. The time of official filing in the 
Office of the Federal Register is established for the purpose of 
determining the prematurity, timeliness, or lateness of petitions for 
judicial review.

[37 FR 8665, Apr. 29, 1972, as amended at 42 FR 65166, Dec. 30, 1977]



PART 1912--ADVISORY COMMITTEES ON STANDARDS--Table of Contents


Sec. 1912.1  Purpose and scope.

                         Organizational Matters

1912.2  Types of standards advisory committees.

[[Page 12]]

1912.3  Advisory Committee on Construction Safety and Health.
1912.4  Avoidance of duplication.
1912.5  National Advisory Committee on Occupational Safety and Health.
1912.6  Conflict of interest.
1912.7  Reports.
1912.8  Committee charters.
1912.9  Representation on section 7(b) committees.
1912.10  Terms of continuing committee members.
1912.11  Terms of ad hoc committee members.
1912.12  Termination of advisory committees; renewal.

                    Operation of Advisory Committees

1912.25  Call of meetings.
1912.26  Approval of agenda.
1912.27  Notice of meetings.
1912.28  Contents of notice.
1912.29  Attendance by members.
1912.30  Quorum; committee procedure.
1912.31  Experts and consultants.
1912.32  Presence of OSHA officer or employee.
1912.33  Minutes.
1912.34  Freedom of Information Act.
1912.35  Availability and cost of transcripts.
1912.36  Advice of advisory committees.

                              Miscellaneous

1912.40  General services.
1912.41  Legal services.
1912.42  Reservation.
1912.43  Petitions for changes in the rules; complaints.
1912.44  Definitions.

    Authority: Secs. 4, 6, 7, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 656, 657); Federal Advisory Committee Act (5 
U.S.C. App. 1); sec. 107, Contract Work Hours and Safety Standards Act 
(Construction Safety Act) (40 U.S.C. 333); Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as 
applicable.

    Source: 38 FR 28035, Oct. 11, 1973, unless otherwise noted.



Sec. 1912.1   Purpose and scope.

    (a) This part prescribes the policies and procedures governing the 
composition and functions of advisory committees which have been, or may 
be, appointed under section 7(b) of the Act to assist the Assistant 
Secretary in carrying out the standards-setting duties of the Secretary 
of Labor under section 6 of the Act. Such committees are specifically 
authorized by section 7(b). The part also prescribes the policies and 
procedures governing the composition and functions of the Advisory 
Committee on Construction Safety and Health.
    (b) The policies and practices herein are intended to reflect those 
expressed in the Federal Advisory Committee Act (Pub. L. 92-463, 86 
Stat. 770) and will be applied in a manner consistent with the Act, 
Office of Management and Budget Circular A-63, ``Committee Management'', 
and the Department of Labor's general rules under that Act which are 
published in part 15 of this title.

                         Organizational Matters



Sec. 1912.2   Types of standards advisory committees.

    The Assistant Secretary establishes two types of advisory committees 
under section 7(b) of the Act to assist him in his standards-setting 
duties. These are:
    (a) Continuing committees which have been, or may be established 
from time to time, to assist in the development of standards in areas 
where there is frequent rulemaking and the use of ad hoc committees is 
impractical; and
    (b) Ad hoc committees which are established to render advice in 
particular rulemaking proceedings.



Sec. 1912.3   Advisory Committee on Construction Safety and Health.

    (a) This part applies to the Advisory Committee on Construction 
Safety and Health which has been established under section 107 of the 
Contract Work Hours and Safety Standards Act (40 U.S.C. 333), commonly 
known as the Construction Safety Act. The aforesaid section 107 requires 
the Secretary of Labor to seek the advice of the Advisory Committee in 
formulating construction standards thereunder. The standards which have 
been issued under section 107 are published in part 1926 of this 
chapter. In view of the far-reaching coverage of the Construction Safety 
Act, the myriad of standards which may be issued thereunder, and the 
fact that the Construction Safety Act would also apply to much of the 
work which is covered by the Williams-Steiger Occupational Safety and 
Health Act of 1970, whenever occupational safety or health standards for

[[Page 13]]

construction activities are proposed, the Assistant Secretary shall 
consult the Advisory Committee. The composition of the Advisory 
Committee is consistent with that of advisory committees which may be 
appointed under section 7(b) of the Act. See paragraph (c) of this 
section. An additional advisory committee will not normally be 
established under section 7(b) of the Act, unless the issue or issues 
involved include, but extend beyond construction activity. See 
Sec. 1912.4 concerning the general policy against duplication of 
activity by advisory committees.
    (b) The Advisory Committee is a continuing advisory body. It is 
composed of 15 members appointed by the Assistant Secretary, one of whom 
is appointed by him as Chairman. The composition of the Advisory 
Committee is as follows:
    (1) One member who is a designee of the Secretary of Health, 
Education, and Welfare;
    (2) Five members who are qualified by experience and affiliation to 
present the viewpoint of the employers involved, and five members who 
are similarly qualified to present the viewpoint of the employees 
involved;
    (3) Two representatives of State safety and health agencies; and
    (4) Two members who are qualified by knowledge and experience to 
make a useful contribution to the work of the Committee.
    (c) As originally constituted, the Advisory Committee was composed 
of nine members. However, pursuant to section 105 of the Contract Work 
Hours and Safety Standards Act (40 U.S.C. 331), it has been found 
necessary and proper in the public interest and in order to prevent 
possible injustice, to vary the composition of the Advisory Committee:
    (1) By having its membership and representation conform to the 
provisions of section 7(b) of the Williams-Steiger Occupational Safety 
and Health Act, and
    (2) By increasing its membership to 15 members as permitted under 
the aforementioned section 7(b).

    Greater membership and greater representation serve the public 
interest and avoids possible injustice by permitting for the most part 
the use of one advisory committee, rather than possibly several advisory 
committees, in situations where both the Contract Work Hours and Safety 
Standards Act and the Williams-Steiger Occupational Safety and Health 
Act may be expected to apply to construction activity and by affording a 
greater opportunity for representation on the Advisory Committee within 
the construction industry.
    (d) See paragraph (c) of Sec. 1912.5 regarding the general policy 
role of the Advisory Committee.
    (e) Except as provided in remaining paragraphs of this section, each 
member of the Advisory Committee shall serve for a period of 2 years, 
unless he becomes unable to serve, or resigns, or ceases to be qualified 
to serve on the Committee because he no longer meets any relevant 
representational requirements, or is removed by the Assistant Secretary 
in the interests of the administration of legislation involved. In such 
cases, the Assistant Secretary may appoint a new member to serve for the 
remainder of the unexpired term, who shall be representative of the same 
interest.
    (f) The designee of the Secretary of Health, Education, and Welfare 
shall have no fixed term.
    (g) To provide for continuity in the membership of the Committee, 
the terms of the members may be appropriately staggered.
    (h) Members may be appointed to successive terms.
    (i) A member who is otherwise qualified may continue to serve until 
a successor is appointed.
    (j) There shall be filed on behalf of the Advisory Committee on 
Construction Safety and Health, an advisory committee established by the 
Construction Safety Act, a charter in accordance with section 9(c) of 
the Federal Advisory Committee Act upon the expiration of each 
successive 2-year period following the date of enactment of the 
Construction Safety Act (i.e., August 9, 1969).



Sec. 1912.4   Avoidance of duplication.

    No standards advisory committee shall be created if its duties are 
being, or could be, performed by an existing

[[Page 14]]

advisory committee established under section 7(b) of the Act.



Sec. 1912.5   National Advisory Committee on Occupational Safety and Health.

    (a) Section 7(a) of the Act established a National Advisory 
Committee on Occupational Safety and Health. The Committee is to advise, 
consult with, and make recommendations to the Secretary and the 
Secretary of Health, Education, and Welfare on matters relating to 
general administration of the Act.
    (b) Advisory committees appointed under section 7(b) of the Act, 
which are the subject of this part, have a more limited role. Such 
advisory committees are concerned exclusively with assisting the 
Assistant Secretary in his standards-setting functions under section 6 
of the Act.
    (c) On the other hand, the Advisory Committee on Construction Safety 
and Health, established under the Construction Safety Act, provides 
assistance in both the setting of standards thereunder and policy 
matters arising in the administration of the Construction Safety Act. To 
the extent that the Advisory Committee on Construction Safety and Health 
renders advice to the Assistant Secretary on general policy matters, its 
activities should be coordinated with those of the National Advisory 
Committee on Occupational Safety and Health.



Sec. 1912.6   Conflict of interest.

    No members of any advisory committee other than members representing 
employers or employees shall have an economic interest in any proposed 
rule.



Sec. 1912.7   Reports.

    The Assistant Secretary shall prepare, or cause to be prepared, for 
the Department of Labor's Committee Management Officer reports 
describing the committee's membership, functions, and actions as may be 
necessary for the performance of the duties of the Committee Management 
officer.



Sec. 1912.8   Committee charters.

    (a) Filing. No advisory committee shall take any action or conduct 
any business subsequent to January 5, 1973, until a committee charter 
has been filed with the Secretary of Labor, the standing committees of 
the Congress having legislative jurisdiction of the Department of Labor 
and the Library of Congress.
    (b) Committee charter information. Each Advisory committee charter 
shall contain the following information:
    (1) The committee's official designation;
    (2) The committee's objectives and scope of activity; i.e., the 
standard or standards to be developed;
    (3) The period of time necessary for the committee to carry out its 
purposes;
    (4) The agency to whom the advisory committee reports (i.e., the 
Assistant Secretary);
    (5) The agency responsible for providing support (i.e., the 
Occupational Safety and Health Administration);
    (6) Description of the committee's duties;
    (7) The estimated number and frequency of committee meetings;
    (8) The estimated annual operating costs in dollars and man-years;
    (9) The committee's termination date or other fixed period of 
termination, if less than 2 years (see Sec. 1912.3(j) concerning the 
Advisory Committee on Construction Safety and Health); and
    (10) The date the charter is filed with the Department of Labor's 
Committee Management Officer.
    (c) Applicability of this section to subgroups The applicability of 
this section to subgroups of an advisory committee depends upon the 
nature of the subgroup. With regard to formal subgroups, such as a 
formal subcommittee of an advisory committee, the requisite information 
should be set forth either in the charter of the parent committee or in 
a separate charter. Informal subgroups of an advisory committee, 
particularly those temporary in nature, need not be reflected expressly 
in a charter.
    (d) The Assistant Secretary shall file each charter with the 
Department's Committee Management Officer.



Sec. 1912.9   Representation on section 7(b) committees.

    (a) Any advisory committee appointed by the Assistant Secretary

[[Page 15]]

under section 7(b) of the Act shall contain the following:
    (1) At least one member who is a designee of the Secretary of 
Health, Education, and Welfare;
    (2) At least one member who is qualified by experience and 
affiliation to present the viewpoint of the employers involved, and at 
least one member who is similarly qualified to present the viewpoint of 
the employees involved. There shall be an equal number of 
representatives of employers and employees involved; and
    (3) At least one representative of State health and safety agencies.
    (b) The advisory committee may include such other persons as the 
Assistant Secretary may appoint who are qualified by knowledge and 
experience to make a useful contribution to the work of the committee, 
including one or more representatives of professional organizations of 
technicians or professionals specializing in occupational safety or 
health and one or more persons of nationally recognized standards-
producing organizations, but the number of persons so appointed shall 
not exceed the number of persons appointed as representatives of Federal 
and State agencies.
    (c) Each committee shall consist of not more than 15 members.
    (d) The representation in the Advisory Committee on Construction 
Safety and Health is described in Sec. 1912.3.



Sec. 1912.10   Terms of continuing committee members.

    (a) Each member of a continuing committee established under section 
7(b) of the Act, other than those appointed to a committee when it is 
formed initially shall serve for a period of 2 years, unless he becomes 
unable to serve, or resigns, or ceases to be qualified to serve because 
he no longer meets the representation requirements of section 7(b) of 
the Act or is removed by the Assistant Secretary in the interest of the 
administration of the Act. In such cases the Assistant Secretary may 
appoint a new member to serve for the remainder of the unexpired term, 
who shall be representative of the same interest.
    (b) To provide for continuity in the membership of continuing 
committees the initial appointments of its members may be varied. For 
example, in the case of a 15-member committee, the Assistant Secretary 
could appoint two members representing Federal and State agencies, two 
members representing employers, two members representing employees, and 
two members representing other interests to one year terms. He could 
appoint two members representing Federal and State agencies, two members 
representing employers, two members representing employees, and one 
member representing other interests for two year terms. Thereafter, at 
the expiration of such terms, members would be appointed or reappointed 
for regular terms of two years. The initial appointments to committees 
with fewer than 15 members could be similarly varied.



Sec. 1912.11   Terms of ad hoc committee members.

    Each member of an ad hoc advisory committee shall serve for such 
period as the Assistant Secretary may prescribe in his notice of 
appointment unless he becomes unable to serve, or resigns, or ceases to 
be qualified to serve because he no longer meets the representational 
requirements of section 7(b) of the Act, or is removed by the Assistant 
Secretary in the interest of the administration of the Act. In such 
cases, the Assistant Secretary may appoint a new member to serve for the 
remaining portion of the period prescribed in the notice appointing the 
original member of the committee.



Sec. 1912.12   Termination of advisory committees; renewal.

    (a) Every standards advisory committee established under section 
7(b) of the Act shall terminate not later than 2 years after its charter 
has been filed, unless its charter is renewed by appropriate action for 
a successive period of not more than 2 years. The procedure for renewal 
shall be the same as that specified in paragraph (b) of this section.
    (b) Each advisory committee established under section 7(b) of the 
Act which is in existence on January 5, 1973, shall terminate by January 
5,

[[Page 16]]

1975, unless it is renewed before the latter date. Before any advisory 
committee can be renewed, the Assistant Secretary must determine that 
such renewal is necessary, and so inform the Department of Labor's 
Committee Management Officer. The OMB Secretariat must be informed of 
this determination and the reasons for it. Such determination shall be 
made not more than 60 days before the scheduled date of termination. If 
the OMB Secretariat concurs, a new charter shall be filed renewing the 
advisory committee and a notice of the renewal shall be published in the 
Federal Register.
    (c) Unless provided otherwise by the Assistant Secretary, the 
duration of a subgroup of a committee shall not be longer than that of 
the parent committee.
    (d) No advisory committee required to file a new charter under this 
section shall take any action (other than the preparation and filing of 
charter) before the date on which the charter is filed.

                    Operation of Advisory Committees



Sec. 1912.25   Call of meetings.

    No advisory committee shall hold any meeting except at the call of, 
or with the advance approval, of the Assistant Secretary or his 
representative designated for this purpose. The Department of Labor's 
Committee Management Officer shall be promptly informed of any meeting 
that is called.



Sec. 1912.26   Approval of agenda.

    Each meeting of an advisory committee shall be conducted in 
accordance with an agenda approved by the Assistant Secretary or his 
representative designated for this purpose. No particular form for the 
agency is prescribed.



Sec. 1912.27  Notice of meetings.

    Public notice of any meeting of an advisory committee shall be given 
by the officer or employee calling the meeting at least fifteen (15) 
days in advance of the meeting; except when it is impractical to do so, 
or in an emergency situation, in which event shorter advance notice may 
be given to the extent that any advance notice is practical. It shall, 
however, be a general policy to publish notices as far in advance of the 
meeting as circumstances will permit. Such notice shall be given by 
publication in the Federal Register. In addition, notice may be given by 
such other means as press releases.

[48 FR 23185, May 24, 1983]



Sec. 1912.28   Contents of notice.

    (a) The notice shall give the name of the committee, and the time 
and place of the meeting.
    (b) The notice shall describe fully or summarize adequately the 
agenda.
    (c) The notice shall announce that the meeting is open to the 
public.
    (d) The notice shall indicate that interested persons have an 
opportunity to file statements in written form with the committee. The 
notice may specify whether the statements are to be filed before or 
during the meeting.
    (1) The chairman may permit oral statements before the committee by 
interested persons. In exercising his discretion in this regard, the 
chairman shall take into consideration the number of persons in 
attendance, the nature and extent of their proposed individual 
participation, the extent to which presentations would anticipate 
presentations which may be made in any rulemaking proceeding under 
section 6 of the Act subsequent to the recommendations of the committee, 
and the time, resources, and facilities available to the committee. When 
counsel is made available to the committee, the chairman shall consult 
counsel before making a decision on whether to permit oral statements. 
In his discretion, the chairman, upon consultation with counsel if made 
available to the committee, may allow or preclude the questioning of 
committee members or other participants.
    (2) The person calling the meeting may provide in the notice of the 
meeting that summaries of any proposed oral presentations be filed in 
advance of the meeting, and may allow or preclude the questioning of 
committee members or other participants.



Sec. 1912.29   Attendance by members.

    Any person appointed by the Assistant Secretary to an advisory 
committee has a right to be present at any

[[Page 17]]

duly called meeting. If any person representing the interests of 
employers, employees, or the States is unable to be present at a duly 
called meeting, he may notify the Assistant Secretary or his designee, 
and request that another member of the Committee representing the same 
interests be permitted to vote in his place on any matters coming before 
the advisory committee in the particular meeting. The request may be 
oral or in writing, and shall be accompanied by a statement of reasons 
for the anticipated absence. The Assistant Secretary or his designee 
shall grant the request whenever he is convinced that the reasons for 
absence are valid and that number of requested proxies for any 
particular meeting will not be so numerous as to impede materially the 
deliberations of the advisory committee.



Sec. 1912.30   Quorum; committee procedure.

    (a) A majority of the members of any advisory committee, including 
the Construction Safety Advisory Committee, shall constitute a quorum, 
so long as there are present at least one member who is a representative 
of employees and one member who is a representative of employers.
    (b) In the absence of its chairman, the committee may designate a 
member to preside at any meeting thereof.



Sec. 1912.31   Experts and consultants.

    At the request of an advisory committee or the person calling a 
meeting of an advisory committee, the Assistant Secretary may make 
available to the committee any experts or consultants in the field 
involved. Any expert or consultant so made available may participate in 
the deliberations of the committee with the consent of the committee.



Sec. 1912.32   Presence of OSHA officer or employee.

    The meetings of all advisory committees shall be in the presence of 
an OSHA officer or employee designated for this purpose. Such officer or 
employee shall be empowered to adjourn any meeting whenever he 
determines adjournment to be in the public interest.



Sec. 1912.33   Minutes.

    (a) Detailed minutes of advisory committee meetings shall be 
prepared, as directed, and certified as accurate, by the Chairman of the 
committee. In addition to the minutes there shall be kept verbatim 
transcripts of all advisory committee meetings.
    (b) The minutes shall include at least the following:
    (1) A list of the advisory committee members and agency employees 
who were present at the meeting;
    (2) Any significant conclusions reached which are not 
recommendations;
    (3) Any written information made available for consideration by the 
committee, including copies of all reports received, issued, or approved 
by the committee;
    (4) Any recommendations made by the committee to the Assistant 
Secretary and the reasons therefor;
    (5) An explanation of the extent, if any, of public participation, 
including a list of interested persons who presented oral or written 
statements; and an estimate of the number of the members of the public 
who attended the meeting.



Sec. 1912.34   Freedom of Information Act.

    Subject to the Freedom of Information Act (5 U.S.C. 552) and part 70 
of this title and part 1913 of this chapter, there shall be available 
for public inspection and copying in the Office of Standards, 
Occupational Safety and Health Administration, documents which were made 
available to or prepared for or by each advisory committee.



Sec. 1912.35   Availability and cost of transcripts.

    Except where prohibited by contractual agreements entered into 
before the effective date of the Federal Advisory Committee Act (January 
5, 1973), any transcripts of advisory committee meetings are to be made 
available to any person at the actual cost of duplication.



Sec. 1912.36   Advice of advisory committees.

    (a) Approval by a majority of all members of an advisory committee 
is

[[Page 18]]

encouraged for rendering advice or making recommendations. However, a 
failure to marshal a majority of all members of an advisory committee 
shall not be a reason for not giving advice to the Assistant Secretary. 
The Assistant Secretary shall be informed of any concurring or 
dissenting views.
    (b) An advisory committee shall submit to the Assistant Secretary 
its recommendations within 90 days from the date of its commencement of 
its assigned tasks, or within such longer or shorter period otherwise 
prescribed by the Assistant Secretary or one of his representatives. If 
a committee believes that it cannot submit its recommendations within 
the applicable period, its chairman may make a written request for an 
extension of time to the Director of the Office of Standards, before the 
expiration of the period. The Director of the Office of Standards may 
grant such a request, provided that the period of the extension or 
extensions, together with the original period for the submission of 
recommendations, is not longer than 270 days from the date the advisory 
committee commenced its assigned tasks.
    (c) In a case where an advisory committee has not submitted its 
recommendations by the end of the applicable period therefor, the 
Assistant Secretary may dissolve the committee and direct the immediate 
transmittal to him of any materials submitted to, or prepared by, the 
advisory committee.

                              Miscellaneous



Sec. 1912.40   General services.

    The Assistant Secretary shall provide supporting services to 
advisory committees. Such services shall include clerical, stenographic, 
and other forms of technical assistance.



Sec. 1912.41   Legal services.

    The Solicitor of Labor shall provide such legal assistance as may be 
necessary or appropriate for advisory committees to carry out their 
functions in accordance with the requirements of this part.



Sec. 1912.42   Reservation.

    The policies and procedures set forth in this part are intended for 
general application. In specific situations where the Assistant 
Secretary determines that different policies or procedures would better 
serve the objectives of the Act, such policies or procedures may be 
modified upon appropriate notice to any persons affected by the 
modification to the extent that such policies or procedures are 
consistent with the Federal Advisory Committee Act and OMB Circular A-
63, and are approved by the Solicitor under part 15 of this title.



Sec. 1912.43   Petitions for changes in the rules; complaints.

    (a) Each interested person shall have the right to petition for the 
issuance, amendment, or repeal of rules published in this part. Any such 
petition will be considered in a reasonable time. Prompt notice shall be 
given of the denial in whole or in part of any petition. Except in 
affirming a prior denial or when the denial is self-explanatory, the 
notice shall be accompanied by a brief statement of the reasons 
therefor.
    (b) Any advisory committee member or any other aggrieved person may 
file a written complaint with the Assistant Secretary alleging 
noncompliance with the rules in this part. Any complaint must be timely 
filed, but in no case shall any complaint be filed later than thirty 
(30) days following the act of alleged noncompliance. Any complaint 
shall be acted upon promptly and a written notice of the disposition of 
the complaint shall be provided to the complainant.



Sec. 1912.44   Definitions.

    As used in this part 1912, unless the context clearly requires 
otherwise:
    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970 (84 Stat. 1590; 29 U.S.C. 650).
    (b)(1) For purposes of implementing the Federal Advisory Committee 
Act, the term Advisory Committee has the same meaning as set forth in 
section 3 (2) thereof. Hence, the term includes subcommittees to the 
extent that the conduct of their meetings relates to matters regulated 
by the Federal Advisory Committee Act. Consistent with that definition 
as interpreted in Office

[[Page 19]]

of Management and Budget (OMB) Circular A-63, the term does not include 
informal subgroups having few characteristics of formal advisory 
committees.
    (2)(i) For purposes of the Act, the term means any committee 
appointed under section 7(b) thereof to provide advice to the Assistant 
Secretary in the development of occupational safety and health standards 
under the Act.
    (ii) The term also includes the Advisory Committee on Construction 
Safety and Health established under the Construction Safety Act.
    (c) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    (d) Committee charter means an order, statement or proclamation of 
the Assistant Secretary establishing, continuing, or using an advisory 
committee, as the case may be.
    (e) Construction Safety Act means section 107 of the Contract Work 
Hours and Safety Standards Act (83 Stat. 96; 40 U.S.C. 333).



PART 1912a--NATIONAL ADVISORY COMMITTEE ON OCCUPATIONAL SAFETY AND HEALTH--Table of Contents


Sec. 1912a.1  Purpose and scope.

1912a.2  Membership.
1912a.3  Terms of membership.
1912a.4  Meetings.
1912a.5  Advice and recommendations.
1912a.6  Quorum.
1912a.7  Notice of meetings.
1912a.8  Contents of notice.
1912a.9  Assistance to the committee.
1912a.10  Presence of OSHA officer or employee.
1912a.11  Minutes; transcript.
1912a.12  Charter.
1912a.13  Subcommittees and subgroups.
1912a.14  Petitions for changes in the rules; complaints.

    Authority: Secs. 7, 8, Occupational Safety and Health Act of 1970 
(29 U.S.C. 656, 657); Federal Advisory Committee Act (5 U.S.C. App. 1); 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 
or 9-83 (48 FR 35736), as applicable.

    Source: 38 FR 28934, Oct. 18, 1973, unless otherwise noted.



Sec. 1912a.1   Purpose and scope.

    (a) Section 7(a) of the Williams-Steiger Occupational Safety and 
Health Act of 1970 establishes a National Advisory Committee on 
Occupational Safety and Health (hereinafter referred to as the 
Committee), to advise, consult with, and make recommendations to the 
Secretary of Labor and the Secretary of Health, Education, and Welfare, 
on matters relating to the administration of the Act.
    (b) This part 1912a sets forth the procedures used by the Committee 
in fulfilling its responsibilities. They are intended to comply with the 
requirements of the Federal Advisory Committee Act (Pub. L. 92-463), 
which obligates advisory committees used by federal agencies to adhere 
to certain basic methods of operation and administration.



Sec. 1912a.2   Membership.

    The Committee is a continuing advisory body of 12 members. Two 
members will represent management, two members will represent labor, two 
members will represent the occupational health professions, two members 
will represent the occupational safety professions, and four members 
will represent the public. The Secretary of Health, Education, and 
Welfare will designate the two members representative of the 
occupational health professions and two of the members representative of 
the public. All the members will be selected upon the basis of their 
experience and competence in the field of occupational safety and 
health. All the members will be appointed by the Secretary of Labor, who 
will designate one of the public members as Chairman.



Sec. 1912a.3   Terms of membership.

    Commencing on July 1, 1973, the terms of membership shall be divided 
into two classes, each consisting of six members. Members of the first 
class shall be appointed for a term of one year. Members of the second 
class shall be appointed for a term of two years. Thereafter, members 
shall be appointed for regular terms of two years. At all times the 
Committee shall be composed of representatives of management, labor, and 
occupational safety and health professions, and of the public. Each 
member of the Committee shall serve his full term unless he resigns or 
becomes unable to serve in the

[[Page 20]]

judgment of the Secretary of Labor because of disability or because he 
ceases to be qualified to serve on the Committee because he is found by 
the Secretary of Labor no longer to meet the representational 
requirements of the Act. In such cases, the Secretary of Labor may 
appoint for the remainder of the unexpired term a new member who meets 
the same representational requirements, and is designated in the manner, 
of his predecessor.



Sec. 1912a.4   Meetings.

    (a) The Committee shall hold no fewer than two meetings during each 
calendar year and, it is contemplated that no more than six meetings a 
year will be held. No meeting shall be held except at the call of or 
with the advance approval of:
    (1) The Secretary of Labor, or his duly authorized representative; 
or
    (2) The Secretary of Health, Education, and Welfare, or his duly 
authorized representative.
    (b) An agenda shall be approved in advance by the person calling or 
approving the meeting, in consultation with the Chairman or his 
delegate. No particular form for the agenda is prescribed. Members of 
the Committee may propose items for the agenda to the Chairman.



Sec. 1912a.5   Advice and recommendations.

    Any advice or recommendations of the Committee shall be given or 
made with approval of a majority of all Committee members present. The 
Chairman shall include in any report of such advice or recommendations 
any concurring or dissenting views as well as abstentions and absences. 
Any member may submit his own advice and recommendations in the form of 
individual views with respect to any matter which has been considered by 
the Committee.



Sec. 1912a.6   Quorum.

    (a) A majority of the members of the Committee shall constitute a 
quorum.
    (b) In an absence of brief duration of its Chairman, the Committee 
may designate a public member to preside at any meeting thereof. In case 
of an extended absence, the Secretary of Labor or his delegate shall 
appoint a public member to preside.

[38 FR 28934, Oct. 18, 1973, as amended at 48 FR 23185, May 24, 1983]



Sec. 1912a.7  Notice of meetings.

    Public notice of any meeting of the Committee shall be given by the 
person calling the meeting in accordance with Sec. 1912a.4 or at his 
direction at least fifteen (15) days in advance of the meeting; except 
when it is impractical to do so, or in an emergency situation, in which 
event shorter advance notice may be given. Such notice shall be given by 
publication in the Federal Register as much in advance of the meeting as 
circumstances will permit. In addition, notice may be given by such 
other means as press releases.

[48 FR 23185, May 24, 1983]



Sec. 1912a.8   Contents of notice.

    (a) Notices of meetings shall describe fully or summarize adequately 
the agenda.
    (b) The notice shall announce that the meeting is open to the 
public.
    (c) The notice shall indicate that interested persons have an 
opportunity to file statements in written form with the Committee. The 
notice shall specify when the statements are to be filed with the 
Committee.
    (d) In the discretion of the Chairman of the meeting, oral 
statements may be made before the Committee by interested persons after 
taking into consideration the number of persons in attendance, the 
nature and extent of their proposed individual participation, and the 
time, resources, and facilities available to the Committee. As a general 
policy, time for such presentations will be made available only at 
subcommittee meetings. The time for a meeting of the full committee does 
not normally permit the reception of such presentations without 
substantially intruding upon the frequently limited time that the 
members may be able to devote to the meeting. The person calling the 
meeting may provide in the notice of the meeting that summaries of any 
proposed oral presentations be filed in advance of the meeting.

[[Page 21]]



Sec. 1912a.9   Assistance to the committee.

    (a) At the request of the Committee or the person calling a meeting, 
the Assistant Secretary of Labor for Occupational Safety and Health may 
make available to the Committee any needed experts or consultants. Any 
expert or consultant so made available may participate in the 
deliberations of the Committee with the consent of the Committee.
    (b) The Assistant Secretary shall furnish the Committee an executive 
secretary. He shall also furnish such secretarial, clerical, and other 
services as are deemed necessary to the conduct of its business.
    (c) The Solicitor of Labor shall provide such legal assistance as 
may be necessary or appropriate for the Committee to carry out its 
functions in accordance with the requirements of this part.



Sec. 1912a.10   Presence of OSHA officer or employee.

    The meetings of all advisory committees shall be in the presence of 
an officer or employee of the Federal Government referred to in 
Sec. 1912a.4. Such officer or employee shall be empowered to adjourn any 
meeting whenever he determines adjournment to be in the public interest.



Sec. 1912a.11   Minutes; transcript.

    (a) Detailed minutes of the Committee meetings shall be prepared, 
and shall be certified as accurate by the Chairman. In addition to the 
minutes there shall be kept verbatim transcripts of the Committee 
meetings.
    (b) The minutes shall include at least the following:
    (1) A list of the Committee members and agency employees who were 
present at the meeting;
    (2) Any significant conclusions reached which are not 
recommendations;
    (3) Any written information made available for consideration by the 
Committee, including copies of all reports received, issued, or approved 
by the Committee;
    (4) Any recommendations made by the Committee and the reasons 
therefor;
    (5) An explanation of the extent, if any, of public participation, 
including a list of interested persons who presented oral or written 
statements; and an estimate of the number of the members of the public 
who attended the meeting.



Sec. 1912a.12   Charter.

    The Committee shall operate in accordance with its charter. In 
accordance with section 14(b)(2) of the Federal Advisory Committee Act, 
there shall be filed on behalf of the Committee a charter in accordance 
with section 9(c) thereof upon the expiration of each successive two-
year period following December 28, 1970, the date of enactment of the 
Occupational Safety and Health Act.



Sec. 1912a.13   Subcommittees and subgroups.

    (a) The Chairman may appoint from among the members of the Committee 
any number of subcommittees for the purpose of assisting the Committee 
in carrying out its functions. All the provisions of this part regarding 
the conduct of Committee meetings are applicable to the conduct of 
subcommittee meetings. For example, any meeting of subcommittees shall 
be open to the public, and notice of subcommittee meetings shall be 
published in the Federal Register.
    (b) The purpose of any subcommittee is to give advice and make 
recommendations solely to the full Committee and under no circumstances 
may any subcommittee act outside this purpose. The Chairman may appoint 
any member of a Subcommittee to act as Chairman.
    (c) Subcommittee shall operate in accordance with the Committee's 
charter and the procedures set forth in this part.
    (d) The Chairman may appoint temporary informal subgroups from among 
the members to perform such services as assisting the Committee or the 
Chairman by gathering technical information or for suggesting schedules, 
plans, agenda, terms or methods of operation.

[[Page 22]]



Sec. 1912a.14   Petitions for changes in the rules; complaints.

    (a) Any interested person shall have the right to petition for the 
issuance, amendment, or repeal of rules published in this part. Any such 
petition will be considered in a reasonable time. Prompt notice shall be 
given of the denial in whole or in part of any petition. Except in 
affirming a prior denial or when the denial is self-explanatory the 
notice shall be accompanied by a brief statement of the reasons 
therefor.
    (b) Any advisory committee member or any other aggrieved person may 
file a written complaint with the Assistant Secretary alleging 
noncompliance with the rules in this part. Any complaint must be timely 
filed, but in no case shall any complaint be filed later than thirty 
(30) days following the day on which the act of alleged noncompliance 
occurred. Any complaint shall be acted upon promptly and a written 
notice of the disposition of the complaint shall be provided to the 
complainant.
    (c) Complaints and petitions should make reference to this 
Sec. 1912a.14 and be filed and addressed as follows:

Assistant Secretary of Labor for Occupational Safety and Health
United States Department of Labor
Washington, D.C. 20210.



PART 1913--RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA ACCESS TO EMPLOYEE MEDICAL RECORDS--Table of Contents




    Authority: Sec. 8, Occupational Safety and Health Act of 1970 (29 
U.S.C. 657); sec. e, Privacy Act (5 U.S.C. 552a(e); 5 U.S.C. 301).



Sec. 1913.10  Rules of agency practice and procedure concerning OSHA access to employee medical records.

    (a) General policy. OSHA access to employee medical records will in 
certain circumstances be important to the agency's performance of its 
statutory functions. Medical records, however, contain personal details 
concerning the lives of employees. Due to the substantial personal 
privacy interests involved, OSHA authority to gain access to personally 
identifiable employee medical information will be exercised only after 
the agency has made a careful determination of its need for this 
information, and only with appropriate safeguards to protect individual 
privacy. Once this information is obtained, OSHA examination and use of 
it will be limited to only that information needed to accomplish the 
purpose for access. Personally identifiable employee medical information 
will be retained by OSHA only for so long as needed to accomplish the 
purpose for access, will be kept secure while being used, and will not 
be disclosed to other agencies or members of the public except in 
narrowly defined circumstances. This section establishes procedures to 
implement these policies.
    (b) Scope and application. (1) Except as provided in paragraphs (b) 
(3) through (6) below, this section applies to all requests by OSHA 
personnel to obtain access to records in order to examine or copy 
personally identifiable employee medical information, whether or not 
pursuant to the access provisions of 29 CFR 1910.20(e).
    (2) For the purposes of this section, ``personally identifiable 
employee medical information'' means employee medical information 
accompanied by either direct identifiers (name, address, social security 
number, payroll number, etc.) or by information which could reasonably 
be used in the particular circumstances indirectly to identify specific 
employees (e.g., exact age, height, weight, race, sex, date of initial 
employment, job title, etc.).
    (3) This section does not apply to OSHA access to, or the use of, 
aggregate employee medical information or medical records on individual 
employees which is not in a personally identifiable form. This section 
does not apply to records required by 29 CFR part 1904, to death 
certificates, or to employee exposure records, including biological 
monitoring records treated by 29 CFR 1910.20(c)(5) or by specific 
occupational safety and health standards as exposure records.
    (4) This section does not apply where OSHA compliance personnel 
conduct an examination of employee medical records solely to verify 
employer compliance with the medical surveillance recordkeeping 
requirements of an occupational safety and health standard, or with 29 
CFR 1910.20. An examination of

[[Page 23]]

this nature shall be conducted on-site and, if requested, shall be 
conducted under the observation of the recordholder. The OSHA compliance 
personnel shall not record and take off-site any information from 
medical records other than documentation of the fact of compliance or 
non-compliance.
    (5) This section does not apply to agency access to, or the use of, 
personally identifiable employee medical information obtained in the 
course of litigation.
    (6) This section does not apply where a written directive by the 
Assistant Secretary authorizes appropriately qualified personnel to 
conduct limited reviews of specific medical information mandated by an 
occupational safety and health standard, or of specific biological 
monitoring test results.
    (7) Even if not covered by the terms of this section, all medically 
related information reported in a personally identifiable form shall be 
handled with appropriate discretion and care befitting all information 
concerning specific employees. There may, for example, be personal 
privacy interests involved which militate against disclosure of this 
kind of information to the public (See, 29 CFR 70.26 and 70a.3).
    (c) Responsible persons--(1) Assistant Secretary. The Assistant 
Secretary of Labor for Occupational Safety and Health (Assistant 
Secretary) shall be responsible for the overall administration and 
implementation of the procedures contained in this section, including 
making final OSHA determinations concerning:
    (i) Access to personally identifiable employee medical information 
(paragraph (d)), and
    (ii) Inter-agency transfer or public disclosure of personally 
identifiable employee medical information (paragraph (m)).
    (2) OSHA Medical Records Officer. The Assistant Secretary shall 
designate an OSHA official with experience or training in the 
evaluation, use, and privacy protection of medical records to be the 
OSHA Medical Records Officer. The OSHA Medical Records Officer shall 
report directly to the Assistant Secretary on matters concerning this 
section and shall be responsible for:
    (i) Making recommendations to the Assistant Secretary as to the 
approval or denial of written access orders (paragraph (d)),
    (ii) Assuring that written access orders meet the requirements of 
paragraphs (d) (2) and (3) of this section,
    (iii) Responding to employee, collective bargaining agent, and 
employer objections concerning written access orders (paragraph (f)),
    (iv) Regulating the use of direct personal identifiers (paragraph 
(g)),
    (v) Regulating internal agency use and security of personally 
identifiable employee medical information (paragraphs (h) through (j)),
    (vi) Assuring that the results of agency analyses of personally 
identifiable medical information are, where appropriate, communicated to 
employees (paragraph (k)),
    (vii) Preparing an annual report of OSHA's experience under this 
section (paragraph (l)), and
    (viii) Assuring that advance notice is given of intended inter-
agency transfers or public disclosures (paragraph (m)).
    (3) Principal OSHA Investigator. The Principal OSHA Investigator 
shall be the OSHA employee in each instance of access to personally 
identifiable employee medical information who is made primarily 
responsible for assuring that the examination and use of this 
information is performed in the manner prescribed by a written access 
order and the requirements of this section (paragraphs (d) through (m). 
When access is pursuant to a written access order, the Principal OSHA 
Investigator shall be professionally trained in medicine, public health, 
or allied fields (epidemiology, toxicology, industrial hygiene, 
biostatistics, environmental health, etc.).
    (d) Written access orders--(1) Requirement for written access order. 
Except as provided in paragraph (d)(4) below, each request by an OSHA 
representative to examine or copy personally identifiable employee 
medical information contained in a record held by an employer or other 
recordholder shall be made pursuant to a written access order which has 
been approved by the Assistant Secretary upon the recommendation of the 
OSHA Medical

[[Page 24]]

Records Officer. If deemed appropriate, a written access order may 
constitute, or be accompanied by, an administrative subpoena.
    (2) Approval criteria for written access order. Before approving a 
written access order, the Assistant Secretary and the OSHA Medical 
Records Officer shall determine that:
    (i) The medical information to be examined or copied is relevant to 
a statutory purpose and there is a need to gain access to this 
personally identifiable information,
    (ii) The personally identifiable medical information to be examined 
or copied is limited to only that information needed to accomplish the 
purpose for access, and
    (iii) The personnel authorized to review and analyze the personally 
identifiable medical information are limited to those who have a need 
for access and have appropriate professional qualifications.
    (3) Content of written access order. Each written access order shall 
state with reasonable particularity:
    (i) The statutory purposes for which access is sought,
    (ii) A general description of the kind of employee medical 
information that will be examined and why there is a need to examine 
personally identifiable information,
    (iii) Whether medical information will be examined on-site, and what 
type of information will be copied and removed off-site,
    (iv) The name, address, and phone number of the Principal OSHA 
Investigator and the names of any other authorized persons who are 
expected to review and analyze the medical information.
    (v) The name, address, and phone number of the OSHA Medical Records 
Officer, and
    (vi) The anticipated period of time during which OSHA expects to 
retain the employee medical information in a personally identifiable 
form.
    (4) Special situations. Written access orders need not be obtained 
to examine or copy personally identifiable employee medical information 
under the following circumstances:
    (i) Specific written consent. If the specific written consent of an 
employee is obtained pursuant to 29 CFR 1910.20(e)(2)(ii), and the 
agency or an agency employee is listed on the authorization as the 
designated representative to receive the medical information, then a 
written access order need not be obtained. Whenever personally 
identifiable employee medical information is obtained through specific 
written consent and taken off-site, a Principal OSHA Investigator shall 
be promptly named to assure protection of the information, and the OSHA 
Medical Records Officer shall be notified of this person's identity. The 
personally identifiable medical information obtained shall thereafter be 
subject to the use and security requirements of paragraphs (h) through 
(m) of this section.
    (ii) Physician consultations. A written access order need not be 
obtained where an OSHA staff or contract physician consults with an 
employer's physician concerning an occupational safety or health issue. 
In a situation of this nature, the OSHA physician may conduct on-site 
evaluation of employee medical records in consultation with the 
employer's physician, and may make necessary personal notes of his or 
her findings. No employee medical records, however, shall be taken off-
site in the absence of a written access order or the specific written 
consent of an employee, and no notes of personally identifiable employee 
medical information made by the OSHA physician shall leave his or her 
control without the permission of the OSHA Medical Records Officer.
    (e) Presentation of written access order and notice to employees. 
(1) The Principal OSHA Investigator, or someone under his or her 
supervision, shall present at least two (2) copies each of the written 
access order and an accompanying cover letter to the employer prior to 
examining or obtaining medical information subject to a written access 
order. At least one copy of the written access order shall not identify 
specific employees by direct personal identifier. The accompanying cover 
letter shall summarize the requirements of this section and indicate 
that questions or objections concerning the written access order may be 
directed to

[[Page 25]]

the Principal OSHA Investigator or to the OSHA Medical Records Officer.
    (2) The Principal OSHA Investigator shall promptly present a copy of 
the written access order (which does not identify specific employees by 
direct personal identifier) and its accompanying cover letter to each 
collective bargaining agent representing employees whose medical records 
are subject to the written access order.
    (3) The Principal OSHA Investigator shall indicate that the employer 
must promptly post a copy of the written access order which does not 
identify specific employees by direct personal identifier, as well as 
post its accompanying cover letter (See, 29 CFR 1910.20(e)(3)(ii)).
    (4) The Principal OSHA Investigator shall discuss with any 
collective bargaining agent and with the employer the appropriateness of 
individual notice to employees affected by the written access order. 
Where it is agreed that individual notice is appropriate, the Principal 
OSHA Investigator shall promptly provide to the employer an adequate 
number of copies of the written access order (which does not identify 
specific employees by direct personal identifier) and its accompanying 
cover letter to enable the employer either to individually notify each 
employee or to place a copy in each employee's medical file.
    (f) Objections concerning a written access order. All employee, 
collective bargaining agent, and employer written objections concerning 
access to records pursuant to a written access order shall be 
transmitted to the OSHA Medical Records Officer. Unless the agency 
decides otherwise, access to the records shall proceed without delay 
notwithstanding the lodging of an objection. The OSHA Medical Records 
Officer shall respond in writing to each employee's and collective 
bargaining agent's written objection to OSHA access. Where appropriate, 
the OSHA Medical Records Officer may revoke a written access order and 
direct that any medical information obtained by it be returned to the 
original recordholder or destroyed. The Principal OSHA Investigator 
shall assure that such instructions by the OSHA Medical Records Officer 
are promptly implemented.
    (g) Removal of direct personal identifiers. Whenever employee 
medical information obtained pursuant to a written access order is taken 
off-site with direct personal identifiers included, the Principal OSHA 
Investigator shall, unless otherwise authorized by the OSHA Medical 
Records Officer, promptly separate all direct personal identifiers from 
the medical information, and code the medical information and the list 
of direct identifiers with a unique identifying number for each 
employee. The medical information with its numerical code shall 
thereafter be used and kept secured as though still in a directly 
identifiable form. The Principal OSHA Investigator shall also hand 
deliver or mail the list of direct personal identifiers with their 
corresponding numerical codes to the OSHA Medical Records Officer. The 
OSHA Medical Records Officer shall thereafter limit the use and 
distribution of the list of coded identifiers to those with a need to 
know its contents.
    (h) Internal agency use of personally identifiable employee medical 
information. (1) The Principal OSHA Investigator shall in each instance 
of access be primarily responsible for assuring that personally 
identifiable employee medical information is used and kept secured in 
accordance with this section.
    (2) The Principal OSHA Investigator, the OSHA Medical Records 
Officer, the Assistant Secretary, and any other authorized person listed 
on a written access order may permit the examination or use of 
personally identifiable employee medical information by agency employees 
and contractors who have a need for access, and appropriate 
qualifications for the purpose for which they are using the information. 
No OSHA employee or contractor is authorized to examine or otherwise use 
personally identifiable employee medical information unless so 
permitted.
    (3) Where a need exists, access to personally identifiable employee 
medical information may be provided to attorneys in the Office of the 
Solicitor of Labor, and to agency contractors who

[[Page 26]]

are physicians or who have contractually agreed to abide by the 
requirements of this section and implementing agency directives and 
instructions.
    (4) OSHA employees and contractors are only authorized to use 
personally identifiable employee medical information for the purposes 
for which it was obtained, unless the specific written consent of an 
employee is obtained as to a secondary purpose, or the procedures of 
paragraphs (d) through (g) of this section are repeated with respect to 
the secondary purpose.
    (5) Whenever practicable, the examination of personally identifiable 
employee medical information shall be performed on-site with a minimum 
of medical information taken off-site in a personally identifiable form.
    (i) Security procedures. (1) Agency files containing personally 
identifiable employee medical information shall be segregated from other 
agency files. When not in active use, files containing this information 
shall be kept secured in a locked cabinet or vault.
    (2) The OSHA Medical Records Officer and the Principal OSHA 
Investigator shall each maintain a log of uses and transfers of 
personally identifiable employee medical information and lists of coded 
direct personal identifiers, except as to necessary uses by staff under 
their direct personal supervision.
    (3) The photocopying or other duplication of personally identifiable 
employee medical information shall be kept to the minimum necessary to 
accomplish the purposes for which the information was obtained.
    (4) The protective measures established by this section apply to all 
worksheets, duplicate copies, or other agency documents containing 
personally identifiable employee medical information.
    (5) Intra-agency transfers of personally identifiable employee 
medical information shall be by hand delivery, United States mail, or 
equally protective means. Inter-office mailing channels shall not be 
used.
    (j) Retention and destruction of records. (1) Consistent with OSHA 
records disposition programs, personally identifiable employee medical 
information and lists of coded direct personal identifiers shall be 
destroyed or returned to the original recordholder when no longer needed 
for the purposes for which they were obtained.
    (2) Personally identifiable employee medical information which is 
currently not being used actively but may be needed for future use shall 
be transferred to the OSHA Medical Records Officer. The OSHA Medical 
Records Officer shall conduct an annual review of all centrally-held 
information to determine which information is no longer needed for the 
purposes for which it was obtained.
    (k) Results of an agency analysis using personally identifiable 
employee medical information. The OSHA Medical Records Officer shall, as 
appropriate, assure that the results of an agency analysis using 
personally identifiable employee medical information are communicated to 
the employees whose personal medical information was used as a part of 
the analysis.
    (l) Annual report. The OSHA Medical Records Officer shall on an 
annual basis review OSHA's experience under this section during the 
previous year, and prepare a report to the Assistant Secretary which 
shall be made available to the public. This report shall discuss:
    (1) The number of written access orders approved and a summary of 
the purposes for access,
    (2) The nature and disposition of employee, collective bargaining 
agent, and employer written objections concerning OSHA access to 
personally identifiable employee medical information, and
    (3) The nature and disposition of requests for inter-agency transfer 
or public disclosure of personally identifiable employee medical 
information.
    (m) Inter-agency transfer and public disclosure. (1) Personally 
identifiable employee medical information shall not be transferred to 
another agency or office outside of OSHA (other than to the Office of 
the Solicitor of Labor) or disclosed to the public (other than to the 
affected employee or the original recordholder) except when required by 
law or when approved by the Assistant Secretary.
    (2) Except as provided in paragraph (m)(3) of this section, the 
Assistant Secretary shall not approve a request

[[Page 27]]

for an inter-agency transfer of personally identifiable employee medical 
information, which has not been consented to by the affected employees, 
unless the request is by a public health agency which:
    (i) Needs the requested information in a personally identifiable 
form for a substantial public health purpose,
    (ii) Will not use the requested information to make individual 
determinations concerning affected employees which could be to their 
detriment,
    (iii) Has regulations or established written procedures providing 
protection for personally identifiable medical information substantially 
equivalent to that of this section, and
    (iv) Satisfies an exemption to the Privacy Act to the extent that 
the Privacy Act applies to the requested information (See, 5 U.S.C. 
552a(b); 29 CFR 70a.3).
    (3) Upon the approval of the Assistant Secretary, personally 
identifiable employee medical information may be transferred to:
    (i) The National Institute for Occupational Safety and Health 
(NIOSH) and
    (ii) The Department of Justice when necessary with respect to a 
specific action under the Occupational Safety and Health Act.
    (4) The Assistant Secretary shall not approve a request for public 
disclosure of employee medical information containing direct personal 
identifiers unless there are compelling circumstances affecting the 
health or safety of an individual.
    (5) The Assistant Secretary shall not approve a request for public 
disclosure of employee medical information which contains information 
which could reasonably be used indirectly to identify specific employees 
when the disclosure would constitute a clearly unwarranted invasion of 
personal privacy (See, 5 U.S.C. 552(b)(6); 29 CFR 70.26).
    (6) Except as to inter-agency transfers to NIOSH or the Department 
of Justice, the OSHA Medical Records Officer shall assure that advance 
notice is provided to any collective bargaining agent representing 
affected employees and to the employer on each occasion that OSHA 
intends to either transfer personally identifiable employee medical 
information to another agency or disclose it to a member of the public 
other than to an affected employee. When feasible, the OSHA Medical 
Records Officer shall take reasonable steps to assure that advance 
notice is provided to affected employees when the employee medical 
information to be transferred or disclosed contains direct personal 
identifiers.
    (n) Effective date. This section shall become effective on August 
21, 1980.

[45 FR 35294, May 23, 1980; 45 FR 54334, Aug. 15, 1980]



PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT--Table of Contents




                      Subpart A--General Provisions

Sec.
1915.1  Purpose and authority.
1915.2  Scope and application.
1915.3  Responsibility.
1915.4  Definitions.
1915.5  Incorporation by reference.
1915.6  Commercial diving operations.
1915.7  Competent person.
1915.8  OMB control numbers under the Paperwork Reduction Act.

Subpart B--Confined and Enclosed Spaces and Other Dangerous Atmospheres 
                         in Shipyard Employment

1915.11  Scope, application, and definitions applicable to this subpart.
1915.12  Precautions and the order of testing before entering confined 
          and enclosed spaces and other dangerous atmospheres.
1915.13  Cleaning and other cold work.
1915.14  Hot work.
1915.15  Maintenance of safe conditions.
1915.16  Warning signs and labels.

Appendix A to Subpart B--Compliance Assistance Guidelines for Confined 
          and Enclosed Spaces and Other Dangerous Atmospheres
Appendix B to Subpart B--Reprint of U.S. Coast Guard Regulations 
          Referenced in Subpart B, for determination of Coast Guard 
          Authorized Persons

             Subpart C--Surface Preparation and Preservation

1915.31  Scope and application of subpart.
1915.32  Toxic cleaning solvents.
1915.33  Chemical paint and preservative removers.
1915.34  Mechanical paint removers.
1915.35  Painting.
1915.36  Flammable liquids.

[[Page 28]]

                 Subpart D--Welding, Cutting and Heating

1915.51  Ventilation and protection in welding, cutting and heating.
1915.52  Fire prevention.
1915.53  Welding, cutting and heating in way of preservative coatings.
1915.54  Welding, cutting and heating of hollow metal containers and 
          structures not covered by Sec. 1915.12.
1915.55  Gas welding and cutting.
1915.56  Arc welding and cutting.
1915.57  Uses of fissionable material in ship repairing and 
          shipbuilding.

        Subpart E--Scaffolds, Ladders and Other Working Surfaces

1915.71  Scaffolds or staging.
1915.72  Ladders.
1915.73  Guarding of deck openings and edges.
1915.74  Access to vessels.
1915.75  Access to and guarding of dry docks and marine railways.
1915.76  Access to cargo spaces and confined spaces.
1915.77  Working surfaces.

                  Subpart F--General Working Conditions

1915.91  Housekeeping.
1915.92  Illumination.
1915.93  Utilities.
1915.94  Work in confined or isolated spaces.
1915.95  Ship repairing and shipbuilding work on or in the vicinity of 
          radar and radio.
1915.96  Work in or on lifeboats.
1915.97  Health and sanitation.
1915.98  First aid.
1915.100  Retention of DOT markings, placards and labels.

    Subpart G--Gear and Equipment for Rigging and Materials Handling

1915.111  Inspection.
1915.112  Ropes, chains and slings.
1915.113  Shackles and hooks.
1915.114  Chain falls and pull-lifts.
1915.115  Hoisting and hauling equipment.
1915.116  Use of gear.
1915.117  Qualifications of operators.
1915.118  Tables.

                 Subpart H--Tools and Related Equipment

1915.131  General precautions.
1915.132  Portable electric tools.
1915.133  Hand tools.
1915.134  Abrasive wheels.
1915.135  Powder actuated fastening tools.
1915.136  Internal combustion engines other than ship's equipment.

             Subpart I--Personal Protective Equipment (PPE)

1915.151  Scope, application and definitions.
1915.152  General requirements.
1915.153  Eye and face protection.
1915.154  Respiratory protection.
1915.155  Head protection.
1915.156  Foot protection.
1915.157  Hand and body protection.
1915.158  Lifesaving equipment.
1915.159  Personal fall arrest systems (PFAS).
1915.160  Positioning device systems.

Appendix A to Subpart I--Non-Mandatory Guidelines for Hazard Assessment, 
          Personal Protective Equipment (PPE) Selection, and PPE 
          Training Program
Appendix B to Subpart I--General Testing Conditions and Additional 
          Guidelines for Personal Fall Protection Systems (Non-
          Mandatory)

             Subpart J--Ship's Machinery and Piping Systems

1915.161  Scope and application of subpart.
1915.162  Ship's boilers.
1915.163  Ship's piping systems.
1915.164  Ship's propulsion machinery.
1915.165  Ship's deck machinery.

  Subpart K--Portable, Unfired Pressure Vessels, Drums and Containers, 
                       Other Than Ship's Equipment

1915.171  Scope and application of subpart.
1915.172  Portable air receivers and other unfired pressure vessels.
1915.173  Drums and containers.

                     Subpart L--Electrical Machinery

1915.181  Electrical circuits and distribution boards.

                         Subparts M-Y [Reserved]

                Subpart Z--Toxic and Hazardous Substances

1915.1000  Air contaminants.
1915.1001  Asbestos.
1915.1002  Coal tar pitch volatiles; interpretation of term.
1915.1003  13 carcinogens (4-Nitrobiphenyl, etc.).
1915.1004  alpha-Naphthylamine.
1915.1005  [Reserved]
1915.1006  Methyl chloromethyl ether.
1915.1007  3,3'-Dichlorobenzidiene (and its salts).
1915.1008  bis-Chloromethyl ether.
1915.1009  beta-Naphthylamine.
1915.1010  Benzidine.
1915.1011  4-Aminodiphenyl.
1915.1012  Ethyleneimine.

[[Page 29]]

1915.1013  beta-Propiolactone.
1915.1014  2-Acetylaminofluorene.
1915.1015  4-Dimethylaminoazobenzene.
1915.1016  N-Nitrosodimethylamine.
1915.1017  Vinyl chloride.
1915.1018  Inorganic arsenic.
1915.1020  Access to employee exposure and medical records.
1915.1025  Lead.
1915.1027  Cadmium.
1915.1028  Benzene.
1915.1030  Bloodborne pathogens.
1915.1044  1,2 dibromo-3-chloropropane.
1915.1045  Acrylonitrile.
1915.1047  Ethylene oxide.
1915.1048  Formaldehyde.
1915.1050  Methylenedianiline.
1915.1052  Methylene chloride.
1915.1200  Hazard communication.
1915.1450  Occupational exposure to hazardous chemicals in laboratories.

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act 
(33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 
FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), 
as applicable; 29 CFR part 1911.

    Section 1915.100 also issued under Section 29, Hazardous Materials 
Transportation Uniform Safety Act of 1990 (49 U.S.C. 1801-1819 and 5 
U.S.C. 553).

    Source: 47 FR 16986, Apr. 20, 1982, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 1915.1  Purpose and authority.

    The provisions in this part constitute safety and health regulations 
issued by the Secretary pursuant to section 41 of the Longshoremen's and 
Harbor Workers' Compensation Act, as amended (33 U.S.C. 941) and 
occupational safety and health standards issued by the Secretary 
pursuant to section 6 of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 655).



Sec. 1915.2  Scope and application.

    (a) Except where otherwise provided, the provisions of this part 
shall apply to all ship repairing, shipbuilding and shipbreaking 
employments and related employments.
    (b) This part does not apply to matters under the control of the 
United States Coast Guard within the scope of Title 52 of the Revised 
Statutes and acts supplementary or amendatory thereto (46 U.S.C. secs. 
1-1388 passim) including, but not restricted to, the master, ship's 
officer, crew members, design, construction and maintenance of the 
vessel, its gear and equipment; to matters within the regulatory 
authority of the United States Coast Guard to safeguard vessels, 
harbors, ports and waterfront facilities under the provisions of the 
Espionage Act of June 17, 1917, as amended (50 U.S.C. 191 et seq.; 22 
U.S.C. 401 et seq.); including the provisions of Executive Order 10173, 
as amended by Executive Orders 10277 and 10352 (3 CFR, 1949-1953 Comp., 
pp. 356, 778 and 873); or to matters within the regulatory authority of 
the United States Coast Guard with respect to lights, warning devices, 
safety equipment and other matters relating to the promotion of safety 
of lives and property under section 4(e) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333).



Sec. 1915.3  Responsibility.

    (a) The responsibility for compliance with the regulations of this 
part is placed upon ``employers'' as defined in Sec. 1915.4.
    (b) This part does not apply to owners, operators, agents or masters 
of vessels unless such persons are acting as ``employers.'' However, 
this part is not intended to relieve owners, operators, agents or 
masters of vessels who are not ``employers'' from responsibilities or 
duties now placed upon them by law, regulation or custom.
    (c) The responsibilities placed upon the competent person herein 
shall be deemed to be the responsibilities of the employer.



Sec. 1915.4  Definitions.

    (a) The term shall indicates provisions which are mandatory.
    (b) The term Secretary means the Secretary of Labor.
    (c) The term employer means an employer, any of whose employees are 
employed, in whole or in part, in ship repairing, shipbuilding, 
shipbreaking or related employments as defined in this section on the 
navigable waters of the United States, including dry docks, graving 
docks and marine railways.
    (d) The term employee means any person engaged in ship repairing, 
shipbuilding, shipbreaking or related employments on the navigable 
waters of

[[Page 30]]

the United States, including dry docks, graving docks and marine 
railways, other than the master, ship's officers, crew of the vessel, or 
any person engaged by the master to repair any vessel under 18 net tons.
    (e) The term gangway means any ramp-like or stair-like means of 
access provided to enable personnel to board or leave a vessel including 
accommodation ladders, gangplanks and brows.
    (f) The term vessel includes every description of watercraft or 
other artificial contrivance used, or capable of being used, as a means 
of transportation on water, including special purpose floating 
structures not primarily designed for or used as a means of 
transportation on water.
    (g) For purposes of Sec. 1915.74, the term barge means an unpowered, 
flat bottom, shallow draft vessel including scows, carfloats and 
lighters. For purposes of this section, the term does not include ship 
shaped or deep draft barges.
    (h) For purposes of Sec. 1915.74, the term river tow boat means a 
shallow draft, low free board, self-propelled vessel designed to tow 
river barges by pushing ahead. For purposes of this section, the term 
does not include other towing vessels.
    (i) The term shipyard employment means ship repairing, shipbuilding, 
shipbreaking and related employments.
    (j) The terms ship repair and ship repairing mean any repair of a 
vessel including, but not restricted to, alterations, conversions, 
installations, cleaning, painting, and maintenance work.
    (k) The term shipbuilding ns the construction of a vessel including 
the installation of machinery and equipment.
    (l) The term shipbreaking  means any breaking down of a vessel's 
structure for the purpose of scrapping the vessel, including the removal 
of gear, equipment or any component part of a vessel.
    (m) The term related employment means any employment performed as an 
incident to or in conjunction with ship repairing, shipbuilding or 
shipbreaking work, including, but not restricted to, inspection, 
testing, and employment as a watchman.
    (n) The term hazardous substance means a substance which by reason 
of being explosive, flammable, poisonous, corrosive, oxidizing, 
irritant, or otherwise harmful is likely to cause injury.
    (o) The term competent person for purposes of this part means a 
person who is capable of recognizing and evaluating employee exposure to 
hazardous substances or to other unsafe conditions and is capable of 
specifying the necessary protection and precautions to be taken to 
ensure the safety of employees as required by the particular regulation 
under the condition to which it applies. For the purposes of subparts B, 
C, and D of this part, except for Sec. 1915.35(b)(8) and 
Sec. 1915.36(a)(5), to which the above definition applies, the competent 
person must also meet the additional requirements of Sec. 1915.7.
    (p) The term confined space means a compartment of small size and 
limited access such as a double bottom tank, cofferdam, or other space 
which by its small size and confined nature can readily create or 
aggravate a hazardous exposure.
    (q) The term enclosed space means any space, other than a confined 
space, which is enclosed by bulkheads and overhead. It includes cargo 
holds, tanks, quarters, and machinery and boiler spaces.
    (r) The term hot work means riveting, welding, burning or other fire 
or spark producing operations.
    (s) The term cold work means any work which does not involve 
riveting, welding, burning or other fire or spark producing operations.
    (t) The term portable unfired pressure vessel means any pressure 
container or vessel used aboard ship, other than the ship's equipment, 
containing liquids or gases under pressure, excepting pressure vessels 
built to ICC regulations under 49 CFR part 178, subparts C and H.
    (u) The term powder actuated fastening tool means a tool or machine 
which drives a stud, pin, or fastener by means of an explosive charge.
    (v) For purposes of Sec. 1915.97, the term hazardous material means 
a material which has one or more of the following characteristics:

[[Page 31]]

    (1) Has a flash point below 140 deg. F., closed cup, or is subject 
to spontaneous heating;
    (2) Has a threshold limit value below 500 p.p.m. in the case of a 
gas or vapor, below 500 mg./m.3 for fumes, and below 25 
m.p.p.c.f. in case of a dust;
    (3) Has a single dose oral LD50 below 500 mg./kg.;
    (4) Is subject to polymerization with the release of large amounts 
of energy;
    (5) Is a strong oxidizing or reducing agent;
    (6) Causes first degree burns to skin in short time exposure, or is 
systemically toxic by skin contact; or
    (7) In the course of normal operations, may produce dusts, gases, 
fumes, vapors, mists, or smokes which have one or more of the above 
characteristics.



Sec. 1915.5  Incorporation by reference.

    (a) Specifications, standards, and codes of agencies of the U.S. 
Government, to the extent specified in the text, form a part of the 
regulations of this part. In addition, under the authority vested in the 
Secretary under the Act, the specifications, standards, and codes of 
organizations which are not agencies of the U.S. Government, in effect 
on the date of the promulgation of the regulations of this part as 
listed below, to the extent specified in the text, form a part of the 
regulations of this part.
    (b) The materials listed in paragraph (d) of this section are 
incorporated by reference in the corresponding sections noted as they 
exist on the date of the approval, and a notice of any change in these 
materials will be published in the Federal Register. These 
incorporations by reference were approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (c) Copies of the following standards that are issued by the 
respective private standards organizations may be obtained from the 
issuing organizations. The materials are available for purchase at the 
corresponding addresses of the private standards organizations noted 
below. In addition, all are available for inspection at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington DC, and through the OSHA Docket Office, room N2625, U.S. 
Department of Labor, 200 Constitution Ave., NW, Washington, DC 20210, or 
any of its regional offices.
    (d)(1) The following material is available for purchase from the 
American National Standards Institute, 11 West 42nd Street, New York, NY 
10036.
    (i) ANSI A14.1-1959 Safety Code for Portable Wood Ladders, IBR 
approved for Sec. 1915.72(a)(6)
    (ii) ANSI A14.2-1956 Safety Code for Portable Metal Ladders, IBR 
approved for Sec. 1995.72(a)(4)
    (iii) ANSI B7.1-1964 Safety Code for the Use, Care, and Protection 
of Abrasive Wheels, IBR approval for Sec. 1915.134(c)
    (iv) ANSI Z87.1-1989 Practice for Occupational and Educational Eye 
and Face Protection, IBR approved for Sec. 1915.153(b)(1).
    (v) ANSI 87.1-1979 Practice for Occupational and Educational Eye and 
Face Protection, IBR approved for Sec. 1915.153(b)(2)
    (vi) ANSI Z89.1-1986 Personnel Protection--Protective Headgear for 
Industrial Workers Requirements, IBR approved for Sec. 1915.155(b)(1)
    (vii) ANSI Z89.1-1969 Safety Requirement for Industrial Head 
Protection, IBR approved for Sec. 1915.155(b)(2).
    (viii) ANSI Z41-1991 Personal Protection--Protective Footwear, IBR 
approved for Sec. 1915.156(b)(1)
    (ix) ANSI Z41-1983 Personal Protection--Protective Footwear, IBR 
approved for Sec. 1915.156(b)(2).
    (2) The following material is available for purchase from the 
American Society of Mechanical Engineers, 345 East 47th Street, New 
York, New York 10017:
    (i) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for 
Construction of Unfired Pressure Vessels, 1963, IBR approved for 
Sec. 1915.172(a).
    (3) The following material is available for purchase from the 
American Conference of Governmental Industrial Hygienists (ACGIH), 1014 
Broadway, Cincinnati, OH 45202:
    (i) Threshold limit values, 1970, IBR approved for Secs. 1915.12(b) 
and 1915.1000, table Z.

[61 FR 26359, May 24, 1996]

[[Page 32]]



Sec. 1915.6  Commerical diving operations.

    Commerical diving operations shall be subject to subpart T of part 
1910, Secs. 1910.401-1910.441 of this chapter.



Sec. 1915.7  Competent person.

    (a) Application. This section applies to shipyard employment.
    (b) Designation. (1) One or more competent persons shall be 
designated by the employer in accordance with the applicable 
requirements of this section, unless the requirements of subparts B, C, 
D and H of this part are always carried out by a Marine Chemist. 
Exception: The employer may designate any person who meets the 
applicable portions of the criteria set forth in paragraph (c) of this 
section as a competent person who is limited to performing testing to 
the following situations:
    (i) Repair work on small craft in boat yards where only combustible 
gas indicator tests are required for fuel tank leaks or when using 
flammable paints below decks;
    (ii) Building of wooden vessels where only knowledge of the 
precautions to be taken when using flammable paints is required;
    (iii) The breaking of vessels where there is no fuel oil or other 
flammable hazard; and
    (iv) Tests and inspections performed to comply with 
Secs. 1915.35(b)(8) and 1915.36(a)(5).
    (2)(i) The employer shall maintain either a roster of designated 
competent persons or a statement that a Marine Chemist will perform the 
tests or inspections which require a competent person.
    (ii) The employer shall make the roster of designated persons or the 
statement available to employees, the employee's representative, the 
Director or the Assistant Secretary upon request.
    (iii) The roster shall contain, as a minimum, the following:
    (A) The employers' name,
    (B) The designated competent person's name(s), and
    (C) The date the employee was trained as a competent person.
    (c) Criteria. The employer shall ensure that each designated 
competent person has the following skills and knowledge:
    (1) Ability to understand and carry out written or oral information 
or instructions left by Marine Chemist, Coast Guard authorized persons 
and Certified Industrial Hygienists;
    (2) Knowledge of subparts B, C, D and H of this part;
    (3) Knowledge of the structure, location, and designation of spaces 
where work is done;
    (4) Ability to calibrate and use testing equipment including but not 
limited to, oxygen indicators, combustible gas indicators, carbon 
monoxide indicators, and carbon dioxide indicators, and to interpret 
accurately the test results of that equipment;
    (5) Ability to perform all required tests and inspections which are 
or may be performed by a competent person as set forth in subparts B, C, 
D and H of this part.
    (6) Ability to inspect, test, and evaluate spaces to determine the 
need for further testing by a Marine Chemist or a Certified Industrial 
Hygienist; and
    (7) Ability to maintain records required by this section.
    (d) Recordkeeping. (1) When tests and inspections are performed by a 
competent person, Marine Chemist, or Certified Industrial Hygienist as 
required by any provisions of subparts B, C, D, or H of this part, the 
employer shall ensure that the person performing the test and inspection 
records the location, time, date, location of inspected spaces, and the 
operations performed, as well as the test results and any instructions.
    (2) The employer shall ensure that the records are posted in the 
immediate vicinity of the affected operations while work in the spaces 
is in progress. The records shall be kept on file for a period of at 
least three months from the completion date of the specific job for 
which they were generated.
    (3) The employer shall ensure that the records are available for 
inspection by the Assistant Secretary, Director, and employees and their 
representatives.

[59 FR 37856, July 25, 1994]

[[Page 33]]



Sec. 1915.8  OMB control numbers under the Paperwork Reduction Act

    The following sections or paragraphs contain a collection of 
information requirement which has been approved by the Office of 
Management and Budget under the control number listed.

------------------------------------------------------------------------
                                                                  OMB   
                       29 CFR citation                          control 
                                                                  No.   
------------------------------------------------------------------------
1915.11--1915.16............................................   1218-0011
1915.113....................................................   1218-0210
1915.152....................................................   1218-0099
1915.152(b).................................................   1218-0215
1915.152(e).................................................   1218-0215
1915.159(d).................................................   1218-0215
1915.160(d).................................................   1218-0215
1915.172....................................................   1218-0210
1915.1001...................................................   1218-0195
1915.1003...................................................   1218-0085
1915.1004...................................................   1218-0084
1915.1006...................................................   1218-0086
1915.1007...................................................   1218-0083
1915.1008...................................................   1218-0087
1915.1009...................................................   1218-0089
1915.1010...................................................   1218-0082
1915.1011...................................................   1218-0090
1915.1012...................................................   1218-0080
1915.1013...................................................   1218-0079
1915.1014...................................................   1218-0088
1915.1015...................................................   1218-0044
1915.1016...................................................   1218-0081
1915.1017...................................................   1218-0010
1915.1018...................................................   1218-0104
1915.1025...................................................   1218-0092
1915.1027...................................................   1218-0185
1915.1028...................................................   1218-0129
1915.1030...................................................   1218-0180
1915.1044...................................................   1218-0101
1915.1045...................................................   1218-0126
1915.1047...................................................   1218-0108
1915.1048...................................................   1218-0145
1915.1050...................................................   1218-0184
1915.1120...................................................   1218-0065
1915.1200...................................................   1218-0072
1915.1450...................................................   1218-0131
------------------------------------------------------------------------


[61 FR 5509, Feb. 13, 1996, as amended at 62 FR 33547, June 20, 1997]

    Effective Date Note: At 62 FR 33547, June 20, 1997, Sec. 1915.8 was 
amended by removing the entry for Sec. 1915.152 and adding entries for 
Secs. 1915.152(b), 1915.152(e), 1915.159(d), and 1915.160(d), effective 
July 21, 1997.



Subpart B--Confined and Enclosed Spaces and Other Dangerous Atmospheres 
                         in Shipyard Employment

    Source: 59 FR 37857, July 25, 1994, unless otherwise noted.



Sec. 1915.11  Scope, application and definitions applicable to this subpart.

    (a) Scope and application. This subpart applies to work in confined 
and enclosed spaces and other dangerous atmospheres in shipyard 
employment, including vessels, vessel sections, and on land-side 
operations regardless of geographic location.
    (b) Definitions applicable to this subpart.
    Adjacent spaces means those spaces bordering a subject space in all 
directions, including all points of contact, corners, diagonals, decks, 
tank tops, and bulkheads.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, or designated representative.
    Certified Industrial Hygienist (CIH) means an industrial hygienist 
who is certified by the American Board of Industrial Hygiene.
    Coast Guard authorized person means an individual who meets the 
requirement of appendix B to subpart B of this part 1915 for tank 
vessels, for passenger vessels, and for cargo and miscellaneous vessels.
    Dangerous atmosphere means an atmosphere that may expose employees 
to the risk of death, incapacitation, impairment of ability to self-
rescue (i.e., escape unaided from a confined or enclosed space), injury, 
or acute illness.
    Director means the Director of the National Institute for 
Occupational Safety and Health, U.S. Department of Health and Human 
Services, or designated representative.
    Enter with Restrictions denotes a space where entry for work is 
permitted only if engineering controls, personal protective equipment, 
clothing, and time limitations are as specified by the Marine Chemist, 
Certified Industrial Hygienist, or the shipyard competent person.
    Entry means the action by which a person passes through an opening 
into a space. Entry includes ensuing work activities in that space and 
is considered to have occurred as soon as any part of the entrant's body 
breaks the plane of an opening into the space.
    Hot work means any activity involving riveting, welding, burning, 
the use of powder-actuated tools or similar fire-producing operations. 
Grinding, drilling, abrasive blasting, or similar spark-producing 
operations are also

[[Page 34]]

considered hot work except when such operations are isolated physically 
from any atmosphere containing more than 10 percent of the lower 
explosive limit of a flammable or combustible substance.
    Immediately dangerous to life or health (IDLH) means an atmosphere 
that poses an immediate threat to life or that is likely to result in 
acute or immediate severe health effects.
    Inert or inerted atmosphere means an atmospheric condition where:
    (1) The oxygen content of the atmosphere in the space is maintained 
at a level equal to or less than 8.0 percent by volume or at a level at 
or below 50 percent of the amount required to support combustion, 
whichever is less; or
    (2) The space is flooded with water and the vapor concentration of 
flammable or combustible materials in the free space atmosphere above 
the water line is less than 10 percent of the lower explosive limit for 
the flammable or combustible material.
    Labeled means identified with a sign, placard, or other form of 
written communication, including pictograms, that provides information 
on the status or condition of the work space to which it is attached.
    Lower explosive limit (LEL) means the minimum concentration of vapor 
in air below which propagation of a flame does not occur in the presence 
of an ignition source.
    Marine Chemist means an individual who possesses a current Marine 
Chemist Certificate issued by the National Fire Protection Association.
    Not Safe for Hot Work denotes a space where hot work may not be 
performed because the conditions do not meet the criteria for Safe for 
Hot Work.
    Nationally Recognized Testing Laboratory (NRTL) means an 
organization recognized by OSHA, in accordance with appendix A of 29 CFR 
1910.7, which tests for safety and lists or labels or accepts equipment 
and materials that meet all the criteria found in Sec. 1910.7(b)(1) 
through (b)(4)(ii).
    Not Safe for Workers denotes a space where an employee may not enter 
because the conditions do not meet the criteria for Safe for Workers.
    Oxygen-deficient atmosphere means an atmosphere having an oxygen 
concentration of less than 19.5 percent by volume.
    Oxygen-enriched atmosphere means an atmosphere that contains 22.0 
percent or more oxygen by volume.
    Safe for Hot Work denotes a space that meets all of the following 
criteria:
    (1) The oxygen content of the atmosphere does not exceed 22.0 
percent by volume;
    (2) The concentration of flammable vapors in the atmosphere is less 
than 10 percent of the lower explosive limit;
    (3) The residues or materials in the space are not capable of 
producing a higher concentration than permitted in paragraph (1) or (2) 
of the above, under existing atmospheric conditions in the presence of 
hot work and while maintained as directed by the Marine Chemist or 
competent person, and
    (4) All adjacent spaces have been cleaned, or inerted, or treated 
sufficiently to prevent the spread of fire.
    Safe for Workers denotes a space that meets the following criteria:
    (1) The oxygen content of the atmosphere is at least 19.5 percent 
and below 22 percent by volume;
    (2) The concentration of flammable vapors is below 10 percent of the 
lower explosive limit (LEL);
    (3) Any toxic materials in the atmosphere associated with cargo, 
fuel, tank coatings, or inerting media are within permissible 
concentrations at the time of the inspection; and
    (4) Any residues or materials associated with the work authorized by 
the Marine Chemist, Certified Industrial Hygienist, or competent person 
will not produce uncontrolled release of toxic materials under existing 
atmospheric conditions while maintained as directed.
    Space means an area on a vessel or vessel section or within a 
shipyard such as, but not limited to: cargo tanks or holds; pump or 
engine rooms; storage lockers; tanks containing flammable or combustible 
liquids, gases, or solids; rooms within buildings; crawl spaces; 
tunnels; or accessways. The atmosphere within a space is the entire area 
within its bounds.
    Upper explosive limit (UEL) means the maximum concentration of 
flammable vapor in air above which propagation

[[Page 35]]

of flame does not occur on contact with a source of ignition.
    Vessel section means a sub-assembly, module, or other component of a 
vessel being built, repaired, or broken.
    Visual inspection means the physical survey of the space, its 
surroundings and contents to identify hazards such as, but not limited 
to, restricted accessibility, residues, unguarded machinery, and piping 
or electrical systems.



Sec. 1915.12  Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres.

     The employer shall ensure that atmosphereic testing is performed in 
the following sequence: oxygen content, flammability, toxicity.
    (a) Oxygen content. (1) The employer shall ensure that the following 
spaces are visually inspected and tested by a competent person to 
determine the atmosphere's oxygen content prior to initial entry into 
the space by an employee:
    (i) Spaces that have been sealed, such as, but not limited to, 
spaces that have been coated and closed up, and non-ventilated spaces 
that have been freshly painted;
    (ii) Spaces and adjacent spaces that contain or have contained 
combustible or flammable liquids or gases;
    (iii) Spaces and adjacent spaces that contain or have contained 
liquids, gases, or solids that are toxic, corrosive, or irritant;
    (iv) Spaces and adjacent spaces that have been fumigated; and
    (v) Spaces containing materials or residues of materials that create 
an oxygen-deficient atmosphere.
    (2) If the space to be entered contains an oxygen deficient 
atmosphere, the space shall be labeled ``Not Safe for Workers'' or, if 
oxygen-enriched, ``Not Safe for Workers--Not Safe for Hot Work.'' If an 
oxygen-deficient or oxygen-enriched atmosphere is found, ventilation 
shall be provided at volumes and flow rates sufficient to ensure that 
the oxygen content is maintained at or above 19.5 percent and below 22.0 
percent by volume. The warning label may be removed when the oxygen 
content is equal to or greater than 19.5 and less than 22.0 percent by 
volume.
    (3) An employee may not enter a space where the oxygen content, by 
volume, is below 19.5 percent or above 22.0 percent. Exception: An 
employee may enter for emergency rescue or for a short duration for 
installation of ventilation equipment necessary to start work in the 
space provided:
    (i) The atmosphere in the space is monitored for oxygen content, by 
volume, continuously; and
    (ii) Respiratory protection and other appropriate personal 
protective equipment and clothing are provided in accordance with 
subpart I of this part.

    Note to paragraph (a): Other provisions for work in IDLH atmospheres 
are located in subpart I of this part.

    (b) Flammable atmospheres. (1) The employer shall ensure that spaces 
and adjacent spaces that contain or have contained combustible or 
flammable liquids or gases are:
    (i) Inspected visually by the competent person to determine the 
presence of combustible or flammable liquids; and
    (ii) Tested by a competent person prior to entry by an employee to 
determine the concentration of flammable vapors and gases within the 
space.
    (2) If the concentration of flammable vapors or gases in the space 
to be entered is equal to or greater than 10 percent of the lower 
explosive limit, the space shall be labeled ``Not Safe for Workers'' and 
``Not Safe for Hot Work.'' Ventilation shall be provided at volumes and 
flow rates sufficient to ensure that the concentration of flammable 
vapors is maintained below 10 percent of the lower explosive limit. The 
warning labels may be removed when the concentration of flammable vapors 
is below 10 percent of the lower explosive limit.
    (3) An employee may not enter a space where the concentration of 
flammable vapors or gases is equal to or greater than 10 percent of the 
lower explosive limit. Exception: An employee may enter for emergency 
rescue or for a short duration for installation of ventilation equipment 
necessary to start work in the space, provided:
    (i) No ignition sources are present;
    (ii) The atmosphere in the space is monitored continuously;

[[Page 36]]

    (iii) Atmospheres at or above the upper explosive limit are 
maintained; and
    (iv) Respiratory protection and other appropriate personal 
protective equipment and clothing are provided in accordance with 
subpart I of this part.

    Note 1 to paragraph (b): Additional provisions for work in IDLH 
atmospheres are located in subpart I of this part.
    Note 2 to paragraph (b): Additional provisions for work in spaces 
containing a flammable substance which also has a permissible exposure 
limit, are located in subpart Z of 29 CFR part 1915, and 
Sec. 1915.12(c).

    (c) Toxic, corrosive, irritant or fumigated atmospheres and 
residues. (1) The employer shall ensure that spaces or adjacent spaces 
that contain or have contained liquids, gases, or solids that are toxic, 
corrosive or irritant are:
    (i) Inspected visually by the competent person to determine the 
presence of toxic, corrosive, or irritant residue contaminants; and
    (ii) Tested by a competent person prior to initial entry by an 
employee to determine the air concentration of toxics, corrosives, or 
irritants within the space.
    (2) If a space contains an air concentration of a material which 
exceeds a part 1915 subpart Z permissible exposure limit (PEL) or is 
IDLH, the space shall be labeled ``Not Safe for Workers.'' Ventilation 
shall be provided at volumes and flow rates which will ensure that air 
concentrations are maintained within the PEL or, in the case of 
contaminants for which there is no established PEL, below the IDLH. The 
warning label may be removed when the concentration of contaminants is 
maintained within the PEL or below IDLH level.
    (3) If a space cannot be ventilated to within the PELs or is IDLH, a 
Marine Chemist or CIH must re-test until the space can be certified 
``Enter with Restrictions'' or ``Safe for Workers.''
    (4) An employee may not enter a space whose atmosphere exceeds a PEL 
or is IDLH. Exception: An employee may enter for emergency rescue, or 
for a short duration for installation of ventilation equipment provided:
    (i) The atmosphere in the space is monitored continuously;
    (ii) Respiratory protection and other necessary and appropriate 
personal protective equipment and clothing are provided in accordance 
with subpart I of this part.

    Note to paragraph (c): Other provisions for work in IDLH atmospheres 
are located in subpart I of this part.

    (d) Training of employees entering confined and enclosed spaces or 
other dangerous atmospheres. (1) The employer shall ensure that each 
employee that enters a confined or enclosed space and other areas with 
dangerous atmospheres is trained to perform all required duties safely.
    (2) The employer shall ensure that each employee who enters a 
confined space, enclosed space, or other areas with dangerous 
atmospheres is trained to:
    (i) Recognize the characteristics of the confined space;
    (ii) Anticipate and be aware of the hazards that may be faced during 
entry;
    (iii) Recognize the adverse health effects that may be caused by the 
exposure to a hazard;
    (iv) Understand the physical signs and reactions related to 
exposures to such hazards;
    (v) Know what personal protective equipment is needed for safe entry 
into and exit from the space;
    (vi) Use personal protective equipment; and
    (vii) Where necessary, be aware of the presence and proper use of 
barriers that may be needed to protect an entrant from hazards.
    (3) The employer shall ensure that each entrant into confined or 
enclosed spaces or other dangerous atmospheres is trained to exit the 
space or dangerous atmosphere whenever:
    (i) The employer or his or her representative orders evacuation;
    (ii) An evacuation signal such as an alarm is activated ; or
    (iii) The entrant perceives that he or she is in danger.
    (4) The employer shall provide each employee with training:
    (i) Before the entrant begins work addressed by this section; and
    (ii) Whenever there is a change in operations or in an employee's 
duties that presents a hazard about which the

[[Page 37]]

employee has not previously been trained.
    (5) The employer shall certify that the training required by 
paragraphs (d)(1) through (d)(4) of this section has been accomplished.
    (i) The certification shall contain the employee's name, the name of 
the certifier, and the date(s) of the certification.
    (ii) The certification shall be available for inspection by the 
Assistant Secretary, the Director, employees, and their representatives.
    (e) Rescue teams. The employer shall either establish a shipyard 
rescue team or arrange for an outside rescue team which will respond 
promptly to a request for rescue service.
    (1) Shipyard rescue teams shall meet the following criteria:
    (i) Each employee assigned to the shipyard team shall be provided 
with and trained to use the personal protective equipment he or she will 
need, including respirators and any rescue equipment necessary for 
making rescues from confined and enclosed spaces and other dangerous 
atmospheres.
    (ii) Each employee assigned to the shipyard rescue team shall be 
trained to perform his or her rescue functions including confined and 
enclosed and other dangerous atmosphere entry.
    (iii) Shipyard rescue teams shall practice their skills at least 
once every 12 months. Practice drills shall include the use of 
mannequins and rescue equipment during simulated rescue operations 
involving physical facilities that approximate closely those facilities 
from which rescue may be needed.

    Note to paragraph (e)(1)(iii): If the team performs an actual rescue 
during the 12 month period, an additional practice drill for that type 
of rescue is not required.

    (iv) At least one person on each rescue team shall maintain current 
certification in basic first aid which includes maintenance of an 
airway, control of bleeding, maintenance of circulation and 
cardiopulmonary resuscitation (CPR) skills.
    (2) The employer shall inform outside rescue teams of the hazards 
that the team may encounter when called to perform confined and enclosed 
space or other dangerous atmosphere rescue at the employer's facility so 
that the rescue team can be trained and equipped.

    Note to paragraph (e): The criteria for in-house rescue, listed in 
paragraph (e)(1) can be used by the employer in evaluating outside 
rescue services.

    (f) Exchanging hazard information between employers. Each employer 
whose employees work in confined and enclosed spaces or other dangerous 
atmospheres shall ensure that all available information on the hazards, 
safety rules, and emergency procedures concerning those spaces and 
atmospheres is exchanged with any other employer whose employees may 
enter the same spaces.

[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995]



Sec. 1915.13  Cleaning and other cold work.

    (a) Locations covered by this section. The employer shall ensure 
that manual cleaning and other cold work are not performed in the 
following spaces unless the conditions of paragraph (b) of this section 
have been met:
    (1) Spaces containing or having last contained bulk quantities of 
combustible or flammable liquids or gases; and
    (2) Spaces containing or having last contained bulk quantities of 
liquids, gases or solids that are toxic, corrosive or irritating.
    (b) Requirements for performing cleaning or cold work. (1) Liquid 
residues of hazardous materials shall be removed from work spaces as 
thoroughly as practicable before employees start cleaning operations or 
cold work in a space. Special care shall be taken to prevent the 
spilling or the draining of these materials into the water surrounding 
the vessel, or for shore-side operations, onto the surrounding work 
area.
    (2) Testing shall be conducted by a competent person to determine 
the concentration of flammable, combustible, toxic, corrosive, or 
irritant vapors within the space prior to the beginning of cleaning or 
cold work.
    (3) Continuous ventilation shall be provided at volumes and flow 
rates sufficient to ensure that the concentration(s) of:

[[Page 38]]

    (i) Flammable vapor is maintained below 10 percent of the lower 
explosive limit; and

    Note to paragraph (b)(3)(i): Spaces containing highly volatile 
residues may require additional ventilation to keep the concentration of 
flammable vapors below 10 percent of the lower explosive limit and 
within the permissible exposure limit.

    (ii) Toxic, corrosive, or irritant vapors are maintained within the 
permissible exposure limits and below IDLH levels.
    (4) Testing shall be conducted by the competent person as often as 
necessary during cleaning or cold work to assure that air concentrations 
are below 10 percent of the lower explosive limit and within the PELs 
and below IDLH levels. Factors such as, but not limited to, temperature, 
volatility of the residues and other existing conditions in and about 
the spaces are to be considered in determining the frequency of testing 
necessary to assure a safe atmosphere.

    Note to paragraph (b)(4): See appendix A for additional information 
on frequency of testing.

    (5) Spills or other releases of flammable, combustible, toxic, 
corrosive, and irritant materials shall be cleaned up as work 
progresses.
    (6) An employee may not enter a confined or enclosed space or other 
dangerous atmosphere if the concentration of flammable or combustible 
vapors in work spaces exceeds 10 percent of the lower explosive limit. 
Exception: An employee may enter for emergency rescue or for a short 
duration for installation of ventilation equipment provided:
    (i) No ignition sources are present;
    (ii) The atmosphere in the space is monitored continuously;
    (iii) The atmosphere in the space is maintained above the upper 
explosive limit; and
    (iv) Respiratory protection, personal protective equipment, and 
clothing are provided in accordance with subpart I of this part.

    Note to paragraph (b)(6): Other provisions for work in IDLH and 
other dangerous atmospheres are located in subpart I of this part.

    (7) A competent person shall test ventilation discharge areas and 
other areas where discharged vapors may collect to determine if vapors 
discharged from the spaces being ventilated are accumulating in 
concentrations hazardous to employees.
    (8) If the tests required in paragraph (b)(7) of this section 
indicate that concentrations of exhaust vapors that are hazardous to 
employees are accumulating, all work in the contaminated area shall be 
stopped until the vapors have dissipated or been removed.
    (9) Only explosion-proof, self-contained portable lamps, or other 
electric equipment approved by a National Recognized Testing Laboratory 
(NRTL) for the hazardous location shall be used in spaces described in 
paragraph (a) of this section until such spaces have been certified as 
``Safe for Workers.''

    Note to paragraph (b)(9): Battery-fed, portable lamps or other 
electric equipment bearing the approval of a NRTL for the class, and 
division of the location in which they are used are deemed to meet the 
requirements of this paragraph.

    (10) The employer shall prominently post signs that prohibit sources 
of ignition within or near a space that has contained flammable or 
combustible liquids or gases in bulk quantities:
    (i) At the entrance to those spaces;
    (ii) In adjacent spaces; and
    (iii) In the open area adjacent to those spaces.
    (11) All air moving equipment and its component parts, including 
duct work, capable of generating a static electric discharge of 
sufficient energy to create a source of ignition, shall be bonded 
electrically to the structure of a vessel or vessel section or, in the 
case of land-side spaces, grounded to prevent an electric discharge in 
the space.
    (12) Fans shall have non-sparking blades, and portable air ducts 
shall be of non-sparking materials.

    Note to paragraph (b): See Sec. 1915.12(c) of this part and 
applicable requirements of 29 CFR part 1915, subpart Z for other 
provisions affecting cleaning and cold work.



Sec. 1915.14  Hot work.

    (a) Hot work requiring testing by a Marine Chemist or Coast Guard 
authorized person. (1) The employer shall ensure that hot work is not 
performed in or on any of the following confined and enclosed spaces and 
other dangerous

[[Page 39]]

atmospheres, boundaries of spaces or pipelines until the work area has 
been tested and certified by a Marine Chemist or a U.S. Coast Guard 
authorized person as ``Safe for Hot Work'':
    (i) Within, on, or immediately adjacent to spaces that contain or 
have contained combustible or flammable liquids or gases.
    (ii) Within, on, or immediately adjacent to fuel tanks that contain 
or have last contained fuel; and
    (iii) On pipelines, heating coils, pump fittings or other 
accessories connected to spaces that contain or have last contained 
fuel.
    (iv) Exception: On dry cargo, miscellaneous and passenger vessels 
and in the landside operations within spaces which meet the standards 
for oxygen, flammability and toxicity in Sec. 1915.12, but are adjacent 
to spaces containing flammable gases or liquids, as long as the gases or 
liquids have a flash point below 150 deg. F (65.6 deg. C) and the 
distance between such spaces and the work is 25 feet (7.5m) or 
greater.''

    Note: For flammable liquids with flash points above 150 deg. F 
(65.6 deg. C), see paragraph (b) of this section.

    Note to paragraph (a)(1): The criteria for safe for hot work is 
located in the definition section of subpart B.

    (2) The certificate issued by the Marine Chemist or Coast Guard 
authorized person shall be posted in the immediate vicinity of the 
affected operations while they are in progress and kept on file for a 
period of at least three months from the date of the completion of the 
operation for which the certificate was generated.
    (b) Hot work requiring testing by a competent person. (1) Hot work 
is not permitted in or on the following spaces or adjacent spaces or 
other dangerous atmospheres until they have been tested by a competent 
person and determined to contain no concentrations of flammable vapors 
equal to or greater than 10 percent of the lower explosive limit:
    (i) Dry cargo holds,
    (ii) The bilges,
    (iii) The engine room and boiler spaces for which a Marine Chemist 
or a Coast Guard authorized person certificate is not required under 
paragraph (a)(1)(i) of this section, and
    (iv) Vessels and vessel sections for which a Marine Chemist or Coast 
Guard authorized person certificate is not required under paragraph 
(a)(1)(i) of this section, and
    (v) Land-side confined and enclosed spaces or other dangerous 
atmospheres not covered by paragraph (a)(1) of this section.
    (2) If the concentration of flammable vapors or gases is equal to or 
greater than 10 percent of the lower explosive limit in the space or an 
adjacent space where the hot work is to be done, then the space shall be 
labeled ``Not Safe for Hot Work'' and ventilation shall be provided at 
volumes and flow rates sufficient to ensure that the concentration of 
flammable vapors or gases is below 10 percent by volume of the lower 
explosive limit. The warning label may be removed when the concentration 
of flammable vapors and gases are below 10 percent lower explosive 
limit.

    Note to Sec. 1915.14: See appendix A for additional information 
relevant to performing hot work safely.

[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995]



Sec. 1915.15  Maintenance of safe conditions.

    (a) Preventing hazardous materials from entering. Pipelines that 
could carry hazardous materials into spaces that have been certified 
``Safe for Workers'' or ``Safe for Hot Work'' shall be disconnected, 
blanked off, or otherwise blocked by a positive method to prevent 
hazardous materials from being discharged into the space.
    (b) Alteration of existing conditions. When a change that could 
alter conditions within a tested confined or enclosed space or other 
dangerous atmosphere occurs, work in the affected space or area shall be 
stopped. Work may not be resumed until the affected space or area is 
visually inspected and retested and found to comply with Secs. 1915.12, 
1915.13, and 1915.14 of this part, as applicable.


[[Page 40]]


    Note to paragraph (b): Examples of changes that would warrant the 
stoppage of work include: The opening of manholes or other closures or 
the adjusting of a valve regulating the flow of hazardous materials.

    (c) Tests to maintain the conditions of a Marine Chemist's or Coast 
Guard authorized person's certificates. A competent person shall 
visually inspect and test each space certified as ``Safe for Workers'' 
or ``Safe for Hot Work,'' as often as necessary to ensure that 
atmospheric conditions within that space is maintained within the 
conditions established by the certificate after the certificate has been 
issued.
    (d) Change in the conditions of a Marine Chemist's or Coast Guard 
authorized person's certificate. If a competent person finds that the 
atmospheric conditions within a certified space fail to meet the 
applicable requirements of Secs. 1915.12, 1915.13, and 1915.14 of this 
part, work in the certified space shall be stopped and may not be 
resumed until the space has been retested by a Marine Chemist or Coast 
Guard authorized person and a new certificate issued in accordance with 
Sec. 1915.14(a).
    (e) Tests to maintain a competent person's findings. After a 
competent person has conducted a visual inspection and tests required in 
Secs. 1915.12, 1915.13, and 1915.14 of this part and determined a space 
to be safe for an employee to enter, he or she shall continue to test 
and visually inspect spaces as often as necessary to ensure that the 
required atmospheric conditions within the tested space are 
maintained.''
    (f) Changes in conditions determined by competent person's findings. 
After the competent person has determined initially that a space is safe 
for an employee to enter and he or she finds subsequently that the 
conditions within the tested space fail to meet the requirements of 
Secs. 1915.12, 1915.13, and 1915.14, of this part, as applicable, work 
shall be stopped until the conditions in the tested space are corrected 
to comply with Secs. 1915.12, 1915.13, and 1915.14, as applicable.

[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995]



Sec. 1915.16  Warning signs and labels.

    (a) Employee comprehension of signs and labels. The Employer shall 
ensure that each sign or label posted to comply with the requirements of 
this subpart is presented in a manner that can be perceived and 
understood by all employees.
    (b) Posting of large work areas. A warning sign or label required by 
paragraph (a) of this section need not be posted at an individual tank, 
compartment or work space within a work area if the entire work area has 
been tested and certified: not safe for workers, not safe for hot work, 
and if the sign or label to this effect is posted conspicuously at each 
means of access to the work area.

 Appendix A to Subpart B--Compliance Assistance Guidelines for Confined 
           and Enclosed Spaces and Other Dangerous Atmospheres

    This appendix is a non-mandatory set of guidelines provided to 
assist employers in complying with the requirements of this subpart. 
This appendix neither creates additional obligations nor detracts from 
obligations otherwise contained in the standard. It is intended to 
provide explanatory information and educational material to employers 
and employees to foster understanding of, and compliance with, the 
standard.
    Sections 1915.11 through 1915.16. These standards are minimum safety 
standards for entering and working safely in vessel tanks and 
compartments.
    Section 1915.11(b)  Definition of ``Hot work.'' There are several 
instances in which circumstances do not necessitate that grinding, 
drilling, abrasive blasting be regarded as hot work. Some examples are:
    1. Abrasive blasting of the hull for paint preparation does not 
necessitate pumping and cleaning the tanks of a vessel.
    2. Prior to hot work on any hollow structure, the void space should 
be tested and appropriate precautions taken.
    Section 1915.11(b)  Definition of ``Lower explosive limit.'' The 
terms lower flammable limit (LFL) and lower explosive limit (LEL) are 
used interchangeably in fire science literature.
    Section 1915.11(b)  Definition of ``Upper explosive limit.'' The 
terms upper flammable limit (UFL) and upper explosive limit (UEL) are 
used interchangeably in fire science literature.
    Section 1915.12(a)(4). After a tank has been properly washed and 
ventilated, the tank

[[Page 41]]

should contain 20.8 percent oxygen by volume. This is the same amount 
found in our normal atmosphere at sea level. However, it is possible 
that the oxygen content will be lower. When this is the case, the 
reasons for this deficiency should be determined and corrective action 
taken.
    An oxygen content of 19.5 percent can support life and is adequate 
for entry. However, any oxygen level less than 20.8 percent and greater 
than 19.5 percent level should also alert the competent person to look 
for the causes of the oxygen deficiency and to correct them prior to 
entry.
    Section 1915.12(b)(4)  Flammable atmospheres. Atmospheres with a 
concentration of flammable vapors at or above 10 percent of the lower 
explosive limit (LEL) are considered hazardous when located in confined 
spaces. However, atmospheres with flammable vapors below 10 percent of 
the LEL are not necessarily safe.
    Such atmospheres are too lean to burn. Nevertheless, when a space 
contains or produces measurable flammable vapors below the 10 percent 
LEL, it might indicate that flammable vapors are being released or 
introduced into the space and could present a hazard in time. Therefore, 
the cause of the vapors should be investigated and, if possible, 
eliminated prior to entry.
    Some situations that have produced measurable concentrations of 
flammable vapors that could exceed 10 percent of the LEL in time are:
    1. Pipelines that should have been blanked or disconnected have 
opened, allowing product into the space.
    2. The vessel may have shifted, allowing product not previously 
cleaned and removed during washing to move into other areas of the 
vessel.
    3. Residues may be producing the atmosphere by releasing flammable 
vapor.
    Section 1915.12(b)(6)  Flammable atmospheres that are toxic. An 
atmosphere with a measurable concentration of a flammable substance 
below 10 percent of the LEL may be above the OSHA permissible exposure 
limit for that substance. In that case, refer to Sec. 1915.12(c) (2), 
(3), and (4).
    Sections 1915.13(b)(4), 1915.15(c), and 1915.15(e). The frequency 
with which a tank is monitored to determine if atmospheric conditions 
are being maintained is a function of several factors that are discussed 
below:
    1. Temperature. Higher temperatures will cause a combustible or 
flammable liquid to vaporize at a faster rate than lower temperatures. 
This is important since hotter days may cause tank residues to produce 
more vapors and that may result in the vapors exceeding 10 percent of 
the LEL or an overexposure to toxic contaminants.
    2. Work in the tank. Any activity in the tank could change the 
atmospheric conditions in that tank. Oxygen from a leaking oxyfuel hose 
or torch could result in an oxygen-enriched atmosphere that would more 
easily propagate a flame. Some welding operations use inert gas, and 
leaks can result in an oxygen-deficient atmosphere. Manual tank cleaning 
with high pressure spray devices can stir up residues and result in 
exposures to toxic contaminants. Simple cleaning or mucking out, where 
employees walk through and shovel residues and sludge, can create a 
change in atmospheric conditions.
    3. Period of time elapsed. If a period of time has elapsed since a 
Marine Chemist or Coast Guard authorized person has certified a tank as 
safe, the atmospheric condition should be rechecked by the competent 
person prior to entry and starting work.
    4. Unattended tanks or spaces. When a tank or space has been tested 
and declared safe, then subsequently left unattended for a period of 
time, it should be retested prior to entry and starting work. For 
example, when barges are left unattended at night, unidentified products 
from another barge are sometimes dumped into their empty tanks. Since 
this would result in a changed atmosphere, the tanks should be retested 
prior to entry and starting work.
    5. Work break. When workers take a break or leave at the end of the 
shift, equipment sometimes is inadvertently left in the tanks. At lunch 
or work breaks and at the end of the shift are the times when it is most 
likely someone will leave a burning or cutting torch in the tank, 
perhaps turned on and leaking oxygen or an inert gas. Since the former 
can produce an oxygen-enriched atmosphere, and the latter an oxygen-
deficient atmosphere, tanks should be checked for equipment left behind, 
and atmosphere, monitored if necessary prior to re-entering and resuming 
work. In an oxygen-enriched atmosphere, the flammable range is severely 
broadened. This means that an oxygen-enriched atmosphere can promote 
very rapid burning.
    6. Ballasting or trimming. Changing the position of the ballast, or 
trimming or in any way moving the vessel so as to expose cargo that had 
been previously trapped, can produce a change in the atmosphere of the 
tank. The atmosphere should be retested after any such move and prior to 
entry or work.
    Section 1915.14 (a) and (b)  Hot work. This is a reminder that other 
sections of the OSHA shipyard safety and health standards in part 1915 
should be reviewed prior to starting any hot work. Most notably, subpart 
D, Welding, Cutting and Heating, places additional restrictions on hot 
work: The requirements of Secs. 1915.51 and 1915.53 must be met before 
hot work is begun on any metal that is toxic or is covered by a 
preservative coating respectively; the requirements of Sec. 1915.54 must 
be

[[Page 42]]

met before welding, cutting, or heating is begun on any structural 
voids.
    Section 1915.12(a)(2). During hot work, more than 20.8 percent 
oxygen by volume can be unsafe since it extends the normal flammable 
range. The standard permits the oxygen level to reach 22 percent by 
volume in order to account for instrument error. However, the cause of 
excess oxygen should be investigated and the source removed.
    Section 1915.16(b). If the entire vessel has been found to be in the 
same condition, then employers shall be considered to be in compliance 
with this requirement when signs using appropriate warning language in 
accordance with Sec. 1915.16(a) are posted at the gangway and at all 
other means of access to the vessel.

    Appendix B to Subpart B--Reprint of U.S. Coast Guard Regulations 
  Referenced in Subpart B, for Determination of Coast Guard Authorized 
                                 Persons

    This appendix provides a complete reprint of U.S. Coast Guard 
regulations as of October 1, 1993, referenced in subpart B for purposes 
of determining who is a Coast Guard authorized person.
    1. Title 46 CFR 35.01-1 (a) through (c) covering hot work on tank 
vessels reads as follows:
    (a) The provisions of ``Standard for the Control of Gas Hazards on 
Vessels to be Repaired,'' NFPA No. 306, published by National Fire 
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be 
used as a guide in conducting the inspections and issuance of 
certificates required by this section.
    (b) Until an inspection has been made to determine that such 
operation can be undertaken with safety, no alterations, repairs, or 
other such operations involving riveting, welding, burning, or like 
fire-producing actions shall be made:
    (1) Within or on the boundaries of cargo tanks that have been used 
to carry flammable or combustible liquid or chemicals in bulk, or within 
spaces adjacent to such cargo tanks; or
    (2) Within or on the boundaries of fuel tanks; or
    (3) To pipe lines, heating coils, pumps, fittings, or other 
appurtenances connected to such cargo or fuel tanks.
    (c) Such inspections shall be made and evidenced as follows:
    (1) In ports or places in the United States or its territories and 
possessions, the inspection shall be made by a Marine Chemist 
certificated by the National Fire Protection Association; however, if 
the services of such certified Marine Chemists are not reasonably 
available, the Officer in Charge, Marine Inspection, upon the 
recommendation of the vessel owner and his contractor or their 
representative, shall select a person who, in the case of an individual 
vessel, shall be authorized to make such inspection. If the inspection 
indicates that such operations can be undertaken with safety, a 
certificate setting forth the fact in writing and qualified as may be 
required, shall be issued by the certified Marine Chemist or the 
authorized person before the work is started. Such qualifications shall 
include any requirements as may be deemed necessary to maintain, insofar 
as can reasonably be done, the safe conditions in the spaces certified, 
throughout the operation and shall include such additional tests and 
certifications as considered required. Such qualifications and 
requirements shall include precautions necessary to eliminate or 
minimize hazards that may be present from protective coatings or 
residues from cargoes.
    2. Title 46 CFR 71.60(c)(1) covering hot work on passenger vessels 
reads as follows:
    (a) The provisions of ``Standard for the Control of Gas Hazards on 
Vessels to be Repaired,'' NFPA No. 306, published by National Fire 
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be 
used as a guide in conducting the inspections and issuance of 
certificates required by this section.
    (b) Until an inspection has been made to determine that such 
operation can be undertaken with safety, no alterations, repairs, or 
other such operations involving riveting, welding, burning, or like 
fire-producing actions shall be made:
    (1) Within or on the boundaries of cargo tanks which have been used 
to carry flammable or combustible liquid or chemicals in bulk, or within 
spaces adjacent to such cargo tanks; or
    (2) Within or on the boundaries of fuel tanks; or
    (3) To pipe lines, heating coils, pumps, fittings, or other 
appurtenances connected to such cargo or fuel tanks.
    (c) Such inspections shall be made and evidenced as follows:
    (1) In ports or places in the United States or its territories and 
possessions the inspection shall be made by a Marine Chemist 
certificated by the National Fire Protection Association; however, if 
the services of such certified Marine Chemist are not reasonably 
available, the Officer in Charge, Marine Inspection, upon the 
recommendation of the vessel owner and his contractor or their 
representative, shall select a person who, in the case of an individual 
vessel, shall be authorized to make such inspection. If the inspection 
indicated that such operations can be undertaken with safety, a 
certificate setting forth the fact in writing and qualified as

[[Page 43]]

may be required, shall be issued by the certified Marine Chemist or the 
authorized person before the work is started. Such qualifications shall 
include any requirements as may be deemed necessary to maintain, insofar 
as can reasonably be done, the safe conditions in the spaces certified 
throughout the operation and shall include such additional tests and 
certifications as considered required. Such qualifications and 
requirements shall include precautions necessary to eliminate or 
minimize hazards that may be present from protective coatings or 
residues from cargoes.
    3. Title 46 CFR 91.50-1(c)(1) covering hot work on cargo and 
miscellaneous vessels as follows:
    (a) The provisions of ``Standard for the Control of Gas Hazards on 
Vessels to be Repaired,'' NFPA No. 306, published by National Fire 
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be 
used as a guide in conducting the inspections and issuance of 
certificates required by this section.
    (b) Until an inspection has been made to determine that such 
operation can be undertaken with safety, no alterations, repairs, or 
other such operations involving riveting, welding, burning, or like 
fire-producing actions shall be made:
    (1) Within or on the boundaries of cargo tanks which have been used 
to carry flammable or combustible liquid or chemicals in bulk, or within 
spaces adjacent to such cargo tanks; or,
    (2) Within or on the boundaries of fuel tanks; or,
    (3) To pipe lines, heating coils, pumps, fittings, or other 
appurtenances connected to such cargo or fuel tanks.
    (c) Such inspections shall be made and evidenced as follows:
    (1) In ports or places in the United States or its territories and 
possessions the inspection shall be made by a Marine Chemist 
certificated by the National Fire Protection Association; however, if 
the services of such certified Marine Chemist are not reasonably 
available, the Officer in Charge, Marine Inspection, upon the 
recommendation of the vessel owner and his contractor or their 
representative, shall select a person who, in the case of an individual 
vessel, shall be authorized to make such inspection. If the inspection 
indicated that such operations can be undertaken with safety, a 
certificate setting forth the fact in writing and qualified as may be 
required, shall be issued by the certified Marine Chemist or the 
authorized person before the work is started. Such qualifications shall 
include any requirements as may be deemed necessary to maintain, insofar 
as can reasonably be done, the safe conditions in the spaces certified 
throughout the operation and shall include such additional tests and 
certifications as considered required. Such qualifications and 
requirements shall include precautions necessary to eliminate or 
minimize hazards that may be present from protective coatings or 
residues from cargoes.



             Subpart C--Surface Preparation and Preservation



Sec. 1915.31  Scope and application of subpart.

    The standards contained in this subpart shall apply to ship 
repairing and shipbuilding and shall not apply to shipbreaking.



Sec. 1915.32  Toxic cleaning solvents.

    (a) When toxic solvents are used, the employer shall employ one or 
more of the following measures to safeguard the health of employees 
exposed to these solvents.
    (1) The cleaning operation shall be completely enclosed to prevent 
the escape of vapor into the working space.
    (2) Either natural ventilation or mechanical exhaust ventilation 
shall be used to remove the vapor at the source and to dilute the 
concentration of vapors in the working space to a concentration which is 
safe for the entire work period.
    (3) Employees shall be protected against toxic vapors by suitable 
respiratory protective equipment in accordance with the requirements of 
subpart I of this Part and, where necessary, against exposure of skin 
and eye contact with toxic solvents and their vapors by suitable 
clothing and equipment.
    (b) The principles in the threshold limit values to which attention 
is directed in Sec. 1915.4 will be used by the Department of Labor in 
enforcement proceedings in defining a safe concentration of air 
contaminants.
    (c) When flammable solvents are used, precautions shall be taken in 
accordance with the requirements of Sec. 1915.36.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec. 1915.33  Chemical paint and preservative removers.

    (a) Employees shall be protected against skin contact during the 
handling and application of chemical paint

[[Page 44]]

and preservative removers and shall be protected against eye injury by 
goggles or face shields in accordance with the requirements of subpart I 
of this part.
    (b) When using flammable paint and preservative removers, 
precautions shall be taken in accordance with the requirements of 
Sec. 1915.36.
    (c) When using chemical paint and preservative removers which 
contain volatile and toxic solvents, such as benzol, acetone and amyl 
acetate, the provisions of Sec. 1915.32 shall be applicable.
    (d) When using paint and rust removers containing strong acids or 
alkalies, employees shall be protected by suitable face shields to 
prevent chemical burns on the face and neck.
    (e) When steam guns are used, all employees working within range of 
the blast shall be protected by suitable face shields. Metal parts of 
the steam gun itself shall be insulated to protect the operator against 
heat burns.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec. 1915.34  Mechanical paint removers.

    (a) Power tools. (1) Employees engaged in the removal of paints, 
preservatives, rusts, or other coatings by means of power tools shall be 
protected against eye injury by using goggles or face shields in 
accordance with the requirements of subpart I of this part.
    (2) All portable rotating tools used for the removal of paints, 
preservatives, rusts or other coatings shall be adequately guarded to 
protect both the operator and nearby workers from flying missiles.
    (3) Portable electric tools shall be grounded in accordance with the 
requirements of Sec. 1915.132.
    (4) In a confined space, mechanical exhaust ventilation sufficient 
to keep the dust concentration to a minimum shall be used, or employees 
shall be protected by respiratory protective equipment in accordance 
with the requirements of subpart I of this part.
    (b) Flame removal. (1) Hardened preservative coatings shall not be 
removed by flame in enclosed spaces unless the employees exposed to 
fumes are protected by air line respirators in accordance with the 
requirements of subpart I. Employees performing such an operation in the 
open air, and those exposed to the resulting fumes shall be protected by 
a fume filter type respirator in accordance with the requirements of 
subpart I of this part.
    (2) Flame or heat shall not be used to remove soft and greasy 
preservative coatings.
    (c) Abrasive blasting--(1) Equipment. Hoses and fittings used for 
abrasive blasting shall meet the following requirements:
    (i) Hoses. Hose of a type to prevent shocks from static electricity 
shall be used.
    (ii) Hose couplings. Hose lengths shall be joined by metal couplings 
secured to the outside of the hose to avoid erosion and weakening of the 
couplings.
    (iii) Nozzles. Nozzles shall be attached to the hose by fittings 
that will prevent the nozzle from unintentionally becoming disengaged. 
Nozzle attachments shall be of metal and shall fit onto the hose 
externally.
    (iv) Dead man control. A dead man control device shall be provided 
at the nozzle end of the blasting hose either to provide direct cutoff 
or to signal the pot tender by means of a visual and audible signal to 
cut off the flow, in the event the blaster loses control of the hose. 
The pot tender shall be available at all times to respond immediately to 
the signal.
    (2) Replacement. Hoses and all fittings used for abrasive blasting 
shall be inspected frequently to insure timely replacement before an 
unsafe amount of wear has occurred.
    (3) Personal protective equipment. (i) Abrasive blasters working in 
enclosed spaces shall be protected by hoods and air line respirators, or 
by air helmets of a positive pressure type in accordance with the 
requirements of subpart I of this part.
    (ii) Abrasive blasters working in the open shall be protected as 
indicated in paragraph (c)(3)(i) of this section except that when 
synthetic abrasive containing less than one percent free silica are 
used, filter type respirators approved jointly by the National Institute 
for Occupational Safety and Health and the Mine Safety and Health 
Administration for exposure to lead dusts, used in conjunction with the 
proper eye, face and head protection,

[[Page 45]]

may be used in accordance with subpart I of this part.
    (iii) Employees, other than blasters, including machine tenders and 
abrasive recovery men, working in areas where unsafe concentrations of 
abrasive materials and dusts are present shall be protected by eye and 
respiratory protective equipment in accordance with the requirements of 
subpart I of this part.
    (iv) The blaster shall be protected against injury from exposure to 
the blast by appropriate protective clothing, including gloves.
    (v) Since surges from drops in pressure in the hose line can be of 
sufficient proportions to throw the blaster off the staging, the blaster 
shall be protected by a safety belt when blasting is being done from 
elevations where adequate protection against falling cannot be provided 
by railings.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec. 1915.35  Painting.

    (a) Paints mixed with toxic vehicles or solvents. (1) When paints 
mixed with toxic vehicles or solvents are sprayed, the following 
conditions shall apply:
    (i) In confined spaces, employees continuously exposed to such 
spraying shall be protected by air line respirators in accordance with 
the requirements of subpart I of this part.
    (ii) In tanks or compartments, employees continuously exposed to 
such spraying shall be protected by air line respirators in accordance 
with the requirements of subpart I. Where mechanical ventilation is 
provided, employees shall be protected by respirators in accordance with 
the requirements of subpart I of this part.
    (iii) In large and well ventilated areas, employees exposed to such 
spraying shall be protected by respirators in accordance with the 
requirements of subpart I of this part.
    (2) Where brush application of paints with toxic solvents is done in 
confined spaces or in other areas where lack of ventilation creates a 
hazard, employees shall be protected by filter respirators in accordance 
with the requirements of subpart I of this part.
    (3) When flammable paints or vehicles are used, precautions shall be 
taken in accordance with the requirements of Sec. 1915.36.
    (4) The metallic parts of air moving devices, including fans, 
blowers, and jet-type air movers, and all duct work shall be 
electrically bonded to the vessel's structure.
    (b) Paints and tank coatings dissolved in highly volatile, toxic and 
flammable solvents. Several organic coatings, adhesives and resins are 
dissolved in highly toxic, flammable and explosive solvents with flash 
points below 80 deg. F. Work involving such materials shall be done only 
when all of the following special precautions have been taken:
    (1) Sufficient exhaust ventilation shall be provided to keep the 
concentration of solvent vapors below ten (10) percent of the lower 
explosive limit. Frequent tests shall be made by a competent person to 
ascertain the concentration.
    (2) If the ventilation fails or if the concentration of solvent 
vapors rises above ten (10) percent of the lower explosive limit, 
painting shall be stopped and the compartment shall be evacuated until 
the concentration again falls below ten (10) percent of the lower 
explosive limit. If the concentration does not fall when painting is 
stopped, additional ventilation to bring the concentration down to ten 
(10) percent of the lower explosive limit shall be provided.
    (3) Ventilation shall be continued after the completion of painting 
until the space or compartment is gas free. The final determination as 
to whether the space or compartment is gas free shall be made after the 
ventilating equipment has been shut off for at least 10 minutes.
    (4) Exhaust ducts shall discharge clear of working areas and away 
from sources of possible ignition. Periodic tests shall be made to 
ensure that the exhausted vapors are not accumulating in other areas 
within or around the vessel or dry dock.
    (5) All motors and control equipment shall be of the explosion-proof 
type. Fans shall have nonferrous blades. Portable air ducts shall also 
be of nonferrous materials. All motors and associated control equipment 
shall be properly maintained and grounded.

[[Page 46]]

    (6) Only non-sparking paint buckets, spray guns and tools shall be 
used. Metal parts of paint brushes and rollers shall be insulated. 
Staging shall be erected in a manner which ensures that it is non-
sparking.
    (7) Only explosion proof lights, approved by the Underwriters' 
Laboratories for use in Class I, Group D atmospheres, or approved as 
permissible by the Mine Safety and Health Administration or the U.S. 
Coast Guard, shall be used.
    (8) A competent person shall inspect all power and lighting cables 
to ensure that the insulation is in excellent condition, free of all 
cracks and worn spots, that there are no connections within fifty (50) 
feet of the operation, that lines are not overloaded, and that they are 
suspended with sufficient slack to prevent undue stress or chafing.
    (9) The face, eyes, head, hands, and all other exposed parts of the 
bodies of employees handling such highly volatile paints shall be 
protected. All footwear shall be non-sparking, such as rubbers, rubber 
boots or rubber soled shoes without nails. Coveralls or other outer 
clothing shall be of cotton. Rubber, rather than plastic, gloves shall 
be used because of the danger of static sparks.
    (10) No matches, lighted cigarettes, cigars, or pipes, and no 
cigarette lighters or ferrous articles shall be taken into the area 
where work is being done.
    (11) All solvent drums taken into the compartment shall be placed on 
nonferrous surfaces and shall be grounded to the vessel. Metallic 
contact shall be maintained between containers and drums when materials 
are being transferred from one to another.
    (12) Spray guns, paint pots, and metallic parts of connecting tubing 
shall be electrically bonded, and the bonded assembly shall be grounded 
to the vessel.
    (13) All employees continuously in a compartment in which such 
painting is being performed shall be protected by air line respirators 
in accordance with the requirements of Subpart I of this part and by 
suitable protective clothing. Employees entering such compartments for a 
limited time shall be protected by filter cartridge type respirators in 
accordance with the requirements of subpart I of this part.
    (14) All employees doing exterior paint spraying with such paints 
shall be protected by suitable filter cartridge type respirators in 
accordance with the requirements of subpart I of this part and by 
suitable protective clothing.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec. 1915.36  Flammable liquids.

    (a) In all cases when liquid solvents, paint and preservative 
removers, paints or vehicles, other than those covered by 
Sec. 1915.35(b), are capable of producing a flammable atmosphere under 
the conditions of use, the following precautions shall be taken:
    (1) Smoking, open flames, arcs and spark-producing equipment shall 
be prohibited in the area.
    (2) Ventilation shall be provided in sufficient quantities to keep 
the concentration of vapors below ten (10) percent of their lower 
explosive limit. Frequent tests shall be made by a competent person to 
ascertain the concentration.
    (3) Scrapings and rags soaked with these materials shall be kept in 
a covered metal container.
    (4) Only explosion proof lights, approved by the Underwriters' 
Laboratories for use in Class I, Group D atmospheres, or approved as 
permissible by the Mine Safety and Health Administration or the U.S. 
Coast Guard, shall be used.
    (5) A competent person shall inspect all power and lighting cables 
to ensure that the insulation is in excellent condition, free of all 
cracks and worn spots, that there are no connections within fifty (50) 
feet of the operation, that lines are not overloaded, and that they are 
suspended with sufficient slack to prevent undue stress or chafing.
    (6) Suitable fire extinguishing equipment shall be immediately 
available in the work area and shall be maintained in a state of 
readiness for instant use.

[[Page 47]]



                 Subpart D--Welding, Cutting and Heating



Sec. 1915.51  Ventilation and protection in welding, cutting and heating.

    (a) The provisions of this section shall apply to all ship 
repairing, shipbuilding, and shipbreaking operations; except that 
paragraph (e) of this section shall apply only to ship repairing and 
shipbuilding. Paragraph (g) of this section shall apply only to ship 
repairing.
    (b) Mechanical ventilation requirements. (1) For purposes of this 
section, mechanical ventilation shall meet the following requirements:
    (i) Mechanical ventilation shall consist of either general 
mechanical ventilation systems or local exhaust systems.
    (ii) General mechanical ventilation shall be of sufficient capacity 
and so arranged as to produce the number of air changes necessary to 
maintain welding fumes and smoke within safe limits.
    (iii) Local exhaust ventilation shall consist of freely movable 
hoods intended to be placed by the welder or burner as close as 
practicable to the work. This system shall be of sufficient capacity and 
so arranged as to remove fumes and smoke at the source and keep the 
concentration of them in the breathing zone within safe limits.
    (iv) Contaminated air exhausted from a working space shall be 
discharged into the open air or otherwise clear of the source of intake 
air.
    (v) All air replacing that withdrawn shall be clean and respirable.
    (vi) Oxygen shall not be used for ventilation purposes, comfort 
cooling, blowing dust or dirt from clothing, or for cleaning the work 
area.
    (c) Welding, cutting and heating in confined spaces. (1) Except as 
provided in paragraphs (c)(3) and (d)(2) of this section either general 
ventilation meeting the requirements of paragraph (b) of this section 
shall be provided whenever welding, cutting or heating is performed in a 
confined space.
    (2) The means of access shall be provided to a confined space and 
ventilation ducts to this space shall be arranged in accordance with 
Sec. 1915.76(b) (1) and (2).
    (3) When sufficient ventilation cannot be obtained without blocking 
the means of access, employees in the confined space shall be protected 
by air line respirators in accordance with the requirements of 
Sec. 1915.152(a), and an employee on the outside of such a confined 
space shall be assigned to maintain communication with those working 
within it and to aid them in an emergency.
    (d) Welding, cutting or heating of metals of toxic significance. (1) 
Welding, cutting or heating in any enclosed spaces aboard the vessel 
involving the metals specified below shall be performed with either 
general mechanical or local exhaust ventilation meeting the requirements 
of paragraph (a) of this section:
    (i) Zinc-bearing base or filler metals or metals coated with zinc-
bearing materials.
    (ii) Lead base metals.
    (iii) Cadmium-bearing filler materials.
    (iv) Chromium-bearing metals or metals coated with chromium-bearing 
materials.
    (2) Welding, cutting or heating in any enclosed spaces aboard the 
vessel involving the metals specified below shall be performed with 
local exhaust ventilation in accordance with the requirements of 
paragraph (b) of this section or employees shall be protected by air 
line respirators in accordance with the requirements of 
Sec. 1915.152(a):
    (i) Metals containing lead, other than as an inpurity, or metals 
coated with lead-bearing materials.
    (ii) Cadmium-bearing or cadmium coated base metals.
    (iii) Metals coated with mercury-bearing metals.
    (iv) Beryllium-containing base or filler metals. Because of its high 
toxicity, work involving beryllium shall be done with both local exhaust 
ventilation and air line respirators.
    (3) Employees performing such operations in the open air shall be 
protected by filter type respirators in accordance with the requirements 
of paragraphs (a) and (d)(2)(iv) of Sec. 1915.152, except that employees 
performing such operations on beryllium-containing base or filler metals 
shall be protected by air line respirators in

[[Page 48]]

accordance with the requirements of Sec. 1915.152(a).
    (4) Other employees exposed to the same atmosphere as the welders or 
burners shall be protected in the same manner as the welder or burner.
    (e) Inert-gas metal-arc welding. (1) Since the inert-gas metal-arc 
welding process involves the production of ultraviolet radiation of 
intensities of 5 to 30 times that produced during shielded metal-arc 
welding, the decomposition of chlorinated solvents by ultraviolet rays, 
and the liberation of toxic fumes and gases, employees shall not be 
permitted to engage in, or be exposed to the process until the following 
special precautions have been taken:
    (i) The use of chlorinated solvents shall be kept at least two 
hundred (200) feet from the exposed arc, and surfaces prepared with 
chlorinated solvents shall be thoroughly dry before welding is permitted 
on such surfaces.
    (ii) Helpers and other employees in the area not protected from the 
arc by screening as provided in Sec. 1915.56(e) shall be protected by 
filter lenses meeting the requirements of Sec. 1915.151 (a) and (c). 
When two or more welders are exposed to each other's arc, filter lens 
goggles of a suitable type meeting the requirements of Sec. 1915.151 (a) 
and (c) shall be worn under welding helmets or hand shields to protect 
the welder against flashes and radiant energy when either the helmet is 
lifted or the shield is removed.
    (iii) Welders and other employees who are exposed to radiation shall 
be suitably protected so that the skin is covered completely to prevent 
burns and other damage by ultraviolet rays. Welding helmets and hand 
shields shall be free of leaks and openings, and free of highly 
reflective surfaces.
    (iv) When inert-gas metal-arc welding is being performed on 
stainless steel, the requirements of paragraph (d)(2) of this section 
shall be met to protect against dangerous concentrations of nitrogen 
dioxide.
    (f) General welding, cutting, and heating. (1) Welding, cutting and 
heating not involving conditions or materials described in paragraph 
(c), (d) or (e) of this section may normally be done without mechanical 
ventilation or respiratory protective equipment, but where, because of 
unusual physical or atmospheric conditions, an unsafe accumulation of 
contaminants exists, suitable mechanical ventilation or respiratory 
protective equipment shall be provided.
    (2) Employees performing any type of welding, cutting or heating 
shall be protected by suitable eye protective equipment in accordance 
with the requirements of Sec. 1915.151 (a) and (c).
    (g) Residues and cargoes of metallic ores. (1) Residues and cargoes 
of metallic ores of toxic significance shall be removed from the area or 
protected from the heat before ship repair work which involves welding, 
cutting or heating is begun.



Sec. 1915.52  Fire prevention.1

    (a) Paragraph (a) applies to ship repairing, shipbuilding and 
shipbreaking, and paragraph (b) applies to ship repairing and 
shipbuilding only.
---------------------------------------------------------------------------

    1 46 CFR 146.02-20 contains Coast Guard regulations 
pertaining to welding and cutting while explosives and dangerous cargoes 
are being handled.
---------------------------------------------------------------------------

    (1) When practical, objects to be welded, cut or heated shall be 
moved to a designated safe location or, if the object to be welded, cut 
or heated cannot be readily moved, all movable fire hazards including 
residues of combustible bulk cargoes in the vicinity shall be taken to a 
safe place.
    (2) If the object to be welded, cut or heated cannot be moved and if 
all the fire hazards including combustible cargoes cannot be removed, 
positive means shall be taken to confine the heat, sparks, and slag, and 
to protect the immovable fire hazards from them.
    (3) When welding, cutting or heating is performed on tank shells, 
decks, overheads and bulkheads, since direct penetration of sparks or 
heat tranfer may introduce a fire hazard to an adjacent compartment, the 
same precautions shall be taken on the opposite side as are taken on the 
side on which the welding is being performed.
    (4) In order to eliminate the possibility of fire in confined spaces 
as a result of gas escaping through leaking or improperly closed torch 
valves, the gas supply to the torch shall be positively

[[Page 49]]

shut off at some point outside the confined space whenever the torch is 
not to be used or whenever the torch is left unattended for a 
substantial period of time, such as during the lunch hour. Overnight and 
at the change of shifts, the torch and hose shall be removed from the 
confined space. Open end fuel gas and oxygen hoses shall be immediately 
removed from confined spaces when they are disconnected from the torch 
or other gas consuming device.
    (b) The provisions of this paragraph shall apply to ship repairing 
and shipbuilding only.
    (1) No welding, cutting or heating shall be done where the 
application of flammable paints or the presence of other flammable 
compounds or of heavy dust concentrate creates a hazard.
    (2) Suitable fire extinguishing equipment shall be immediately 
available in the work area and shall be maintained in a state of 
readiness for instant use. In addition, when hot work is being performed 
aboard a vessel and pressure is not available on the vessel's fire 
system, an auxiliary supply of water shall be made available where 
practicable, consistent with avoiding freezing of the lines or hose.
    (3) When the welding, cutting, or heating operation is such that 
normal fire prevention precautions are not sufficient, additional 
personnel shall be assigned to guard against fire while the actual 
welding, cutting, or heating operation is being performed and for a 
sufficient period of time after completion of the work to insure that no 
possibility of fire exists. Such personnel shall be instructed as to the 
specific anticipated fire hazards and how the fire fighting equipment 
provided is to be used.
    (4) Vaporizing liquid extinguishers shall not be used in enclosed 
spaces.
    (5) Except when the contents are being removed or transferred, 
drums, pails, and other containers which contain or have contained 
flammable liquids shall be kept closed. Empty containers shall be 
removed to a safe area apart from hot work operations, or open flames.
    (c) In all cases, suitable fire extinguishing equipment shall be 
immediately available in the work area and shall be maintained in a 
state of readiness for instant use. Personnel assigned to contain fires 
within controllable limits shall be instructed as to the specific 
anticipated fire hazards and how the fire fighting equipment provided is 
to be used. The provisions of this paragraph shall apply to shipbreaking 
only.



Sec. 1915.53  Welding, cutting and heating in way of preservative coatings.

    (a) The provisions in this section shall apply to all ship 
repairing, shipbuilding and shipbreaking operations except for 
paragraphs (e) and (f) of this section which shall apply to ship 
repairing and shipbulding and shall not apply to shipbreaking.
    (b) Before welding, cutting or heating is commenced on any surface 
covered by a preservative coating whose flammability is not known, a 
test shall be made by a competent person to determine its flammability. 
Preservative coatings shall be considered to be highly flammable when 
scrapings burn with extreme rapidity.
    (c) Precautions shall be taken to prevent ignition of highly 
flammable hardened preservative coatings. When coatings are determined 
to be highly flammable they shall be stripped from the area to be heated 
to prevent ignition, or, where shipbreaking is involved, the coatings 
may be burned away under controlled conditions. A 1\1/2\ inch or larger 
fire hose with fog nozzle, which has been uncoiled and placed under 
pressure, shall be immediately available for instant use in the 
immediate vicinity, consistent with avoiding freezing of the hose.
    (d) Protection against toxic preservative coatings. (1) In enclosed 
spaces, all surfaces covered with toxic preservatives shall be stripped 
of all toxic coatings for a distance of at least 4 inches from the area 
of heat application or the employees shall be protected by air line 
respirators meeting the requirements of Sec. 1915.152(a).
    (2) In the open air, employees shall be protected by a filter type 
respirator in accordance with the requirements of Sec. 1915.152 (a) and 
(d).
    (e) Before welding, cutting or heating is commenced in enclosed 
spaces on

[[Page 50]]

metals covered by soft and greasy preservatives, the following 
precautions shall be taken:
    (1) A competent person shall test the atmosphere in the space to 
ensure that it does not contain explosive vapors, since there is a 
possibility that some soft and greasy preservatives may have flash 
points below temperatures which may be expected to occur naturally. If 
such vapors are determined to be present, no hot work shall be commenced 
until such precautions have been taken as will ensure that the welding, 
cutting or heating can be performed in safety.
    (2) The preservative coatings shall be removed for a sufficient 
distance from the area to be heated to ensure that the temperature of 
the unstripped metal will not be appreciably raised. Artificial cooling 
of the metal surrounding the heated area may be used to limit the size 
of the area required to be cleaned. The prohibition contained in 
Sec. 1915.34(b)(2) shall apply.
    (f) Immediately after welding, cutting or heating is commenced in 
enclosed spaces on metal covered by soft and greasy preservatives, and 
at frequent intervals thereafter, a competent person shall make tests to 
ensure that no flammable vapors are being produced by the coatings. If 
such vapors are determined to be present, the operation shall be stopped 
immediately and shall not be resumed until such additional precautions 
have been taken as are necessary to ensure that the operation can be 
resumed safely.



Sec. 1915.54  Welding, cutting and heating of hollow metal containers and structures not covered by Sec. 1915.12.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Drums, containers, or hollow structures which have contained 
flammable substances shall, before welding, cutting, or heating is 
undertaken on them, either be filled with water or thoroughly cleaned of 
such substances and ventilated and tested.
    (b) Before heat is applied to a drum, container, or hollow 
structure, a vent or opening shall be provided for the release of any 
built-up pressure during the application of heat.
    (c) Before welding, cutting, heating or brazing is begun on 
structural voids such as skegs, bilge keels, fair waters, masts, booms, 
support stanchions, pipe stanchions or railings, a competent person 
shall inspect the object and, if necessary, test it for the presence of 
flammable liquids or vapors. If flammable liquids or vapors are present, 
the object shall be made safe.
    (d) Objects such as those listed in paragraph (c) of this section 
shall also be inspected to determine whether water or other non-
flammable liquids are present which, when heated, would build up 
excessive pressure. If such liquids are determined to be present, the 
object shall be vented, cooled, or otherwise made safe during the 
application of heat.
    (e) Jacketed vessels shall be vented before and during welding, 
cutting or heating operations in order to release any pressure which may 
build up during the application of heat.



Sec. 1915.55  Gas welding and cutting.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Transporting, moving and storing compressed gas cylinders. (1) 
Valve protection caps shall be in place and secure. Oil shall not be 
used to lubricate protection caps.
    (2) When cylinders are hoisted, they shall be secured on a cradle, 
slingboard or pallet. They shall not be hoisted by means of magnets or 
choker slings.
    (3) Cylinders shall be moved by tilting and rolling them on their 
bottom edges. They shall not be intentionally dropped, struck, or 
permitted to strike each other violently.
    (4) When cylinders are transported by vehicle, they shall be secured 
in position.
    (5) Valve protection caps shall not be used for lifting cylinders 
from one vertical position to another. Bars shall not be used under 
valves or valve protection caps to pry cylinders loose when frozen. 
Warm, not boiling, water shall be used to thaw cylinders loose.
    (6) Unless cylinders are firmly secured on a special carrier 
intended for this purpose, regulators shall be removed and valve 
protection caps put in place before cylinders are moved.

[[Page 51]]

    (7) A suitable cylinder truck, chain, or other steadying device 
shall be used to keep cylinders from being knocked over while in use.
    (8) When work is finished, when cylinders are empty or when 
cylinders are moved at any time, the cylinder valves shall be closed.
    (9) Acetylene cylinders shall be secured in an upright position at 
all times except, if necessary, for short periods of time while 
cylinders are actually being hoisted or carried.
    (b) Placing cylinders. (1) Cylinders shall be kept far enough away 
from the actual welding or cutting operation so that sparks, hot slag or 
flame will not reach them. When this is impractical, fire resistant 
shields shall be provided.
    (2) Cylinders shall be placed where they cannot become part of an 
electrical circuit. Electrodes shall not be struck against a cylinder to 
strike an arc.
    (3) Fuel gas cylinders shall be placed with valve end up whenever 
they are in use. They shall not be placed in a location where they would 
be subject to open flame, hot metal, or other sources of artificial 
heat.
    (4) Cylinders containing oxygen or acetylene or other fuel gas shall 
not be taken into confined spaces.
    (c) Treatment of cylinders. (1) Cylinders, whether full or empty, 
shall not be used as rollers or supports.
    (2) No person other than the gas supplier shall attempt to mix gases 
in a cylinder. No one except the owner of the cylinder or person 
authorized by him shall refill a cylinder. No one shall use a cylinder's 
contents for purposes other than those intended by the supplier. Only 
cylinders bearing Interstate Commerce Commission identification and 
inspection markings shall be used.
    (3) No damaged or defective cylinder shall be used.
    (d) Use of fuel gas. The employer shall thoroughly instruct 
employees in the safe use of fuel gas, as follows:
    (1) Before connecting a regulator to a cylinder valve, the valve 
shall be opened slightly and closed immediately. (This action is 
generally termed ``cracking'' and is intended to clear the valve of dust 
or dirt that might otherwise enter the regulator.) The person cracking 
the valve shall stand to one side of the outlet, not in front of it. The 
valve of a fuel gas cylinder shall not be cracked where the gas would 
reach welding work, sparks, flame or other possible sources of ignition.
    (2) The cylinder valve shall always be opened slowly to prevent 
damage to the regulator. To permit quick closing, valves on fuel gas 
cylinders shall not be opened more than 1\1/2\ turns. When a special 
wrench is required, it shall be left in position on the stem of the 
valve while the cylinder is in use so that the fuel gas flow can be shut 
off quickly in case of an emergency. In the case of manifolded or 
coupled cylinders, at least one such wrench shall always be available 
for immediate use. Nothing shall be placed on top of a fuel gas 
cylinder, when in use, which may damage the safety device or interfere 
with the quick closing of the valve.
    (3) Fuel gas shall not be used from cylinders through torches or 
other devices which are equipped with shut-off valves without reducing 
the pressure through a suitable regulator attached to the cylinder valve 
or manifold.
    (4) Before a regulator is removed from a cylinder valve, the 
cylinder valve shall always be closed and the gas released from the 
regulator.
    (5) If, when the valve on a fuel gas cylinder is opened, there is 
found to be a leak around the valve stem, the valve shall be closed and 
the gland nut tightened. If this action does not stop the leak, the use 
of the cylinder shall be discontinued, and it shall be properly tagged 
and removed from the vessel. In the event that fuel gas should leak from 
the cylinder valve rather than from the valve stem and the gas cannot be 
shut off, the cylinder shall be properly tagged and removed from the 
vessel. If a regulator attached to a cylinder valve will effectively 
stop a leak through the valve seat, the cylinder need not be removed 
from the vessel.
    (6) If a leak should develop at a fuse plug or other safety device, 
the cylinder shall be removed from the vessel
    (e) Fuel gas and oxygen manifolds. (1) Fuel gas and oxygen manifolds 
shall bear the name of the substance they contain in letters at least 
one (1) inch high which shall be either painted on

[[Page 52]]

the manifold or on a sign permanently attached to it.
    (2) Fuel gas and oxygen manifolds shall be placed in safe and 
accessible locations in the open air. They shall not be located within 
enclosed spaces.
    (3) Manifold hose connections, including both ends of the supply 
hose that lead to the manifold, shall be such that the hose cannot be 
interchanged between fuel gas and oxygen manifolds and supply header 
connections. Adapters shall not be used to permit the interchange of 
hose. Hose connections shall be kept free of grease and oil.
    (4) When not in use, manifold and header hose connections shall be 
capped.
    (5) Nothing shall be placed on top of a manifold, when in use, which 
will damage the manifold or interfere with the quick closing of the 
valves.
    (f) Hose. (1) Fuel gas hose and oxygen hose shall be easily 
distinguishable from each other. The contrast may be made by different 
colors or by surface characteristics readily distinguishable by the 
sense of touch. Oxygen and fuel gas hoses shall not be interchangeable. 
A single hose having more than one gas passage, a wall failure of which 
would permit the flow of one gas into the other gas passage, shall not 
be used.
    (2) When parallel sections of oxygen and fuel gas hose are taped 
together not more than 4 inches out of 8 inches shall be covered by 
tape.
    (3) All hose carrying acetylene, oxygen, natural or manufactured 
fuel gas, or any gas or substance which may ignite or enter into 
combustion or be in any way harmful to employees, shall be inspected at 
the beginning of each shift. Defective hose shall be removed from 
service.
    (4) Hose which has been subjected to flashback or which shows 
evidence of severe wear or damage shall be tested to twice the normal 
pressure to which it is subject, but in no case less than two hundered 
(200) psi. Defective hose or hose in doubtful condition shall not be 
used.
    (5) Hose couplings shall be of the type that cannot be unlocked or 
disconnected by means of a straight pull without rotary motion.
    (6) Boxes used for the stowage of gas hose shall be ventilated.
    (g) Torches. (1) Clogged torch tip openings shall be cleaned with 
suitable cleaning wires, drills or other devices designed for such 
purpose.
    (2) Torches shall be inspected at the beginning of each shift for 
leaking shutoff valves, hose couplings, and tip connections. Defective 
torches shall not be used.
    (3) Torches shall be lighted by friction lighters or other approved 
devices, and not by matches or from hot work.
    (h) Pressure regulators. Oxygen and fuel gas pressure regulators 
including their related gauges shall be in proper working order while in 
use.



Sec. 1915.56  Arc welding and cutting.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Manual electrode holders. (1) Only manual electrode holders 
which are specifically designed for arc welding and cutting and are of a 
capacity capable of safely handling the maximum rated current required 
by the electrodes shall be used.
    (2) Any current carrying parts passing through the portion of the 
holder which the arc welder or cutter grips in his hand, and the outer 
surfaces of the jaws of the holder, shall be fully insulated against the 
maximum voltage encountered to ground.
    (b) Welding cables and connectors. (1) All arc welding and cutting 
cables shall be of the completely insulated, flexible type, capable of 
handling the maximum current requirements of the work in progress, 
taking into account the duty cycle under which the arc welder or cutter 
is working.
    (2) Only cable free from repair or splices for a minimum distance of 
ten (10) feet from the cable end to which the electrode holder is 
connected shall be used, except that cables with standard insulated 
connectors or with splices whose insulating quality is equal to that of 
the cable are permitted.
    (3) When it becomes necessary to connect or splice lengths of cable 
one to another, substantial insulated connectors of a capacity at least 
equivalent to that of the cable shall be used. If connections are 
effected by means of cable

[[Page 53]]

lugs, they shall be securely fastened together to give good electrical 
contact, and the exposed metal parts of the lugs shall be completely 
insulated.
    (4) Cables in poor repair shall not be used. When a cable other than 
the cable lead referred to in paragraph (b)(2) of this section becomes 
worn to the extent of exposing bare conductors, the portion thus exposed 
shall be protected by means of rubber and friction tapes or other 
equivalent insulation.
    (c) Ground returns and machine grounding. (1) A ground return cable 
shall have a safe current carrying capacity equal to or exceeding the 
specified maximum output capacity of the arc welding or cutting unit 
which it services. When a single ground return cable services more than 
one unit, its safe current carrying capacity shall equal or exceed the 
total specified maximum output capacities of all the units which it 
services.
    (2) Structures or pipe lines, except pipe lines containing gases of 
flammable liquids or conduits containing electrical circuits, may be 
used as part of the ground return circuit, provided that the pipe or 
structure has a current carrying capacity equal to that required by 
paragraph (c)(1) of this section.
    (3) When a structure or pipe line is employed as a ground return 
circuit, it shall be determined that the required electrical contact 
exists at all joints. The generation of an arc, sparks or heat at any 
point shall cause rejection of the structure as a ground circuit.
    (4) When a structure or pipe line is continuously employed as a 
ground return circuit, all joints shall be bonded, and periodic 
inspections shall be conducted to ensure that no condition of 
electrolysis or fire hazard exists by virtue of such use.
    (5) The frames of all arc welding and cutting machines shall be 
grounded either through a third wire in the cable containing the circuit 
conductor or through a separate wire which is grounded at the source of 
the current. Grounding circuits, other than by means of the vessel's 
structure, shall be checked to ensure that the circuit between the 
ground and the grounded power conductor has resistance low enough to 
permit sufficient current to flow to cause the fuse or circuit breaker 
to interrupt the current.
    (6) All ground connections shall be inspected to ensure that they 
are mechanically strong and electrically adequate for the required 
current.
    (d) Operating instructions. Employers shall instruct employees in 
the safe means of arc welding and cutting as follows:
    (1) When electrode holders are to be left unattended, the electrodes 
shall be removed and the holders shall be so placed or protected that 
they cannot make electrical contact with employees or conducting 
objects.
    (2) Hot electrode holders shall not be dipped in water, since to do 
so may expose the arc welder or cutter to electric shock.
    (3) When the arc welder or cutter has occasion to leave his work or 
to stop work for any appreciable length of time, or when the arc welding 
or cutting machine is to be moved, the power supply switch to the 
equipment shall be opened.
    (4) Any faulty or defective equipment shall be reported to the 
supervisor.
    (e) Shielding. Whenever practicable, all arc welding and cutting 
operations shall be shielded by noncombustible or flame-proof screens 
which will protect employees and other persons working in the vicinity 
from the direct rays of the arc.



Sec. 1915.57  Uses of fissionable material in ship repairing and shipbuilding.

    The provisions of this section apply to ship repairing and 
shipbuilding only.
    (a) In activities involving the use of and exposure to sources of 
ionizing radiation not only on conventionally powered but also on 
nuclear powered vessels, the applicable provisions of the Nuclear 
Regulatory Commission's Standards for Protection Against Radiation (10 
CFR part 20), relating to protection against occupational radiation 
exposure, shall apply.
    (b) Any activity which involves the use of radiocative material, 
whether or not under license from the Nuclear Regulatory Commission, 
shall be performed by competent persons specially trained in the proper 
and safe operation of such equipment. In the case of

[[Page 54]]

materials used under Commission license, only persons actually licensed, 
or competent persons under direction and supervision of the licensee, 
shall perform such work.



        Subpart E--Scaffolds, Ladders and Other Working Surfaces



Sec. 1915.71  Scaffolds or staging.

    (a) Scope and application. The provisions of this section shall 
apply to all ship repairing, shipbuilding and shipbreaking operations 
except that paragraphs (b)(8) through (b)(10) and paragraphs (c) through 
(f) of this section shall only apply to ship repairing and shipbuilding 
operations and shall not apply to shipbreaking.
    (b) General requirements. (1) All scaffolds and their supports 
whether of lumber, steel or other material, shall be capable of 
supporting the load they are designed to carry with a safety factor of 
not less than four (4).
    (2) All lumber used in the construction of scaffolds shall be 
spruce, fir, long leaf yellow pine, Oregon pine or wood of equal 
strength. The use of hemlock, short leaf yellow pine, or short fiber 
lumber is prohibited.
    (3) Lumber dimensions as given in this subpart are nominal except 
where given in fractions of an inch.
    (4) All lumber used in the construction of scaffolds shall be sound, 
straight-grained, free from cross grain, shakes and large, loose or dead 
knots. It shall also be free from dry rot, large checks, worm holes or 
other defects which impair its strength or durability.
    (5) Scaffolds shall be maintained in a safe and secure condition. 
Any component of the scaffold which is broken, burned or otherwise 
defective shall be replaced.
    (6) Barrels, boxes, cans, loose bricks, or other unstable objects 
shall not be used as working platforms or for the support of planking 
intended as scaffolds or working platforms.
    (7) No scaffold shall be erected, moved, dismantled or altered 
except under the supervision of competent persons.
    (8) No welding, burning, riveting or open flame work shall be 
performed on any staging suspended by means of fiber rope.
    (9) Lifting bridles on working platforms suspended from cranes shall 
consist of four legs so attached that the stability of the platform is 
assured.
    (10) Unless the crane hook has a safety latch or is moused, the 
lifting bridles on working platforms suspended from cranes shall be 
attached by shackles to the lower lifting block or other positive means 
shall be taken to prevent them from becoming accidentally disengaged 
from the crane hook.
    (c) Independent pole wood scaffolds. (1) All pole uprights shall be 
set plump. Poles shall rest on a foundation of sufficient size and 
strength to distribute the loan and to prevent displacement.
    (2) In light-duty scaffolds, not more than 24 feet in height, poles 
may be spliced by overlapping the ends not less than 4 feet and securely 
nailing them together. A substantial cleat shall be nailed to the lower 
section to form a support for the upper section except when bolted 
connections are used.
    (3) All other poles to be spliced shall be squared at the ends of 
each splice, abutted, and rigidly fastened together by not less than two 
cleats securely nailed or bolted thereto. Each cleat shall overlap each 
pole end by at least 24 inches and shall have a width equal to the face 
of the pole to which it is attached. The combined cross sectional area 
of the cleats shall be not less than the cross sectional area of the 
pole.
    (4) Ledgers shall extend over two consecutive pole spaces and shall 
overlap the poles at each end by not less than 4 inches. They shall be 
left in position to brace the poles as the platform is raised with the 
progress of the work. Ledgers shall be level and shall be securely 
nailed or bolted to each pole and shall be placed against the inside 
face of each pole.
    (5) All bearers shall be set with their greater dimension vertical 
and shall extend beyond the ledgers upon which they rest.
    (6) Diagonal bracing shall be provided between the parallel poles, 
and cross bracing shall be provided between the inner and outer poles or 
from the outer poles to the ground.

[[Page 55]]

    (7) Minimum dimensions and spacing of members shall be in accordance 
with Table E-1 in Sec. 1915.118.
    (8) Platform planking shall be in accordance with the requirements 
of paragraph (i) of this section.
    (9) Backrails and toeboards shall be in accordance with the 
requirements of paragraph (j) of this section.
    (d) Independent pole metal scaffolds. (1) Metal scaffold members 
shall be maintained in good repair and free of corrosion.
    (2) All vertical and horizontal members shall be fastened together 
with a coupler or locking device which will form a positive connection. 
The locking device shall be of a type which has no loose parts.
    (3) Posts shall be kept plumb during erection and the scaffold shall 
be subsequently kept plumb and rigid by means of adequate bracing.
    (4) Posts shall be fitted with bases supported on a firm foundation 
to distribute the load. When wooden sills are used, the bases shall be 
fastened thereto.
    (5) Bearers shall be located at each set of posts, at each level, 
and at each intermediate level where working platforms are installed.
    (6) Tubular bracing shall be applied both lengthwise and crosswise 
as required.
    (7) Platform planking shall be in accordance with the requirements 
of paragraph (h) of this section.
    (8) Backrails and toeboards shall be in accordance with the 
requirements of paragraph (j) of this section.
    (e) Wood trestle and extension trestle ladders. (1) The use of 
trestle ladders, or extension sections or base sections of extension 
trestle ladders longer than 20 feet is prohibited. The total height of 
base and extension may, however, be more than 20 feet.
    (2) The minimum dimensions of the side rails of the trestle ladder, 
or the base sections of the extension trestle ladder, shall be as 
follows:
    (i) Ladders up to and including those 16 feet long shall have side 
rails of not less than 1\5/16\ x 2\3/4\ inch lumber.
    (ii) Ladders over 16 feet long and up to and including those 20 feet 
long shall have side tails of not less than 1\5/16\ x 3 inch lumber.
    (3) The side rails of the extension section of the extension trestle 
ladder shall be parallel and shall have minimum dimensions as follows:
    (i) Ladders up to and including 12 feet long shall have side rails 
of not less than 1\5/16\ x 2\1/4\ inch lumber.
    (ii) Ladders over 12 feet long and up to and including those 16 feet 
long shall have side rails of not less than 1\5/16\ x 2\1/2\ inch 
lumber.
    (iii) Ladders over 16 feet long and up to and including those 20 
feet long shall have side rails of not less than 1\5/16\ x 2\3/4\ inch 
lumber.
    (4) Trestle ladders and base sections of extension trestle ladders 
shall be so spread that when in an open position the spread of the 
trestle at the bottom, inside to inside, shall be not less than 5\1/2\ 
inches per foot of the length of the ladder.
    (5) The width between the side rails at the bottom of the trestle 
ladder or of the base section of the extension trestle ladder shall be 
not less than 21 inches for all ladders and sections 6 feet or less in 
length. For longer lengths of ladder, the width shall be increased at 
least 1 inch for each additional foot of length. The width between the 
side rails of the extension section of the trestle ladder shall be not 
less than 12 inches.
    (6) In order to limit spreading, the top ends of the side rails of 
both the trestle ladder and of the base section of the extension trestle 
ladder shall be beveled, or of equivalent construction, and shall be 
provided with a metal hinge.
    (7) A metal spreader or locking device to hold the front and back 
sections in an open position, and to hold the extension section securely 
in the elevated position, shall be a component of each trestle ladder or 
extension ladder.
    (8) Rungs shall be parallel and level. On the trestle ladder, or on 
the base section of the extension trestle ladder, rungs shall be spaced 
not less than 8 inches nor more than 18 inches apart; on the extension 
section of the extension trestle ladder, rungs shall be spaced not less 
than 6 inches nor more than 12 inches apart.
    (9) Platform planking shall be in accordance with the requirements 
of paragraph (i) of this section, except

[[Page 56]]

that the width of the platform planking shall not exceed the distance 
between the siderails.
    (10) Backrails and toeboards shall be in accordance with the 
requirements of paragraph (j) of this section.
    (f) Painters' suspended scaffolds. (1) The supporting hooks of 
swinging scaffolds shall be constructed to be equivalent in strength to 
mild steel or wrought iron, shall be forged with care, shall be not less 
than \7/8\ inch in diameter, and shall be secured to a safe anchorage at 
all times.
    (2) The ropes supporting a swinging scaffold shall be equivalent in 
strength to first-grade \3/4\ inch diameter manila rope properly rigged 
into a set of standard 6 inch blocks consisting of at least one double 
and one single block.
    (3) Manila and wire ropes shall be carefully examined before each 
operation and thereafter as frequently as may be necessary to ensure 
their safe condition.
    (4) Each end of the scaffold platform shall be supported by a 
wrought iron or mild steel stirrup or hanger, which in turn is supported 
by the suspension ropes.
    (5) Stirrups shall be constructed so as to be equivalent in strength 
to wrought iron \3/4\ inch in diameter.
    (6) The stirrups shall be formed with a horizontal bottom member to 
support the platform, shall be provided with means to support the 
guardrail and midrail and shall have a loop or eye at the top for 
securing the supporting hook on the block.
    (7) Two or more swinging scaffolds shall not at any time be combined 
into one by bridging the distance between them with planks or any other 
form of platform.
    (8) No more than two men shall be permitted to work at one time on a 
swinging scaffold built to the minimum specifications contained in this 
paragraph. Where heavier construction is used, the number of men 
permitted to work on the scaffold shall be determined by the size and 
the safe working load of the scaffold.
    (9) Backrails and toeboards shall be in accordance with the 
requirements of paragraph (j) of this section.
    (10) The swinging scaffold platform shall be one of the three types 
described in paragraphs (f)(11), (12), and (13) of this section.
    (11) The ladder-type platform consists of boards upon a horizontal 
ladder-like structure, referred to herein as the ladder, the side rails 
of which are parallel. If this type of platform is used the following 
requirements shall be met.
    (i) The width between the side rails shall be no more than 20 
inches.
    (ii) The side rails of ladders in ladder-type platforms shall be 
equivalent in strength to a beam of clear straight-grained spruce of the 
dimensions contained in Table E-2 in Sec. 1915.118.
    (iii) The side rails shall be tied together with tie rods. The tie 
rods shall be not less than \5/16\ inch in diameter, located no more 
than 5 feet apart, pass through the rails, and be riveted up tight 
against washers at both ends.
    (iv) The rungs shall be of straight-grained oak, ash, or hickory, 
not less than 1\1/8\ inches diameter, with \7/8\ inch tenons mortised 
into the side rails not less than \7/8\ inch and shall be spaced no more 
than 18 inches on centers.
    (v) Flooring strips shall be spaced no more than \5/8\ inch apart 
except at the side rails, where 1 inch spacing is permissible.
    (vi) Flooring strips shall be cleated on their undersides.
    (12) The plank-type platform consists of planks supported on the 
stirrups or hangers. If this type of platform is used, the following 
requirements shall be met:
    (i) The planks of plank-type platforms shall be of not less than 2 x 
10 inch lumber.
    (ii) The platform shall be no more than 24 inches in width.
    (iii) The planks shall be tied together by cleats of not less than 1 
x 6 inch lumber, nailed on their undersides at intervals of not more 
than 4 feet.
    (iv) The planks shall extend not less than 6 inches nor more than 18 
inches beyond the supporting stirrups.
    (v) A cleat shall be nailed across the platform on the underside at 
each end outside the stirrup to prevent the platform from slipping off 
the stirrup.
    (vi) Stirrup supports shall be not more than 10 feet apart.
    (13) The beam-type platform consists of longitudinal side stringers 
with

[[Page 57]]

cross beams set on edge and spaced not more than 4 feet apart on which 
longitudinal platform planks are laid. If this type platform is used, 
the following requirements shall be met:
    (i) The side stringers shall be of sound, straight-grained lumber, 
free from knots, and of not less than 2 x 6 inch lumber, set on edge.
    (ii) The stringers shall be supported on the stirrups with a clear 
span between stirrups of not more than 16 feet.
    (iii) The stringers shall be bolted to the stirrups by U-bolts 
passing around the stirrups and bolted through the stringers with nuts 
drawn up tight on the inside face.
    (iv) The ends of the stringers shall extend beyond the stirrups not 
less than 6 inches nor more than 12 inches at each end of the platform.
    (v) The platform shall be supported on cross beams of 2 x 6 inch 
lumber between the side stringers securely nailed thereto and spaced not 
more than 4 feet on centers.
    (vi) The platform shall be not more than 24 inches wide.
    (vii) The platform shall be formed of boards \7/8\ inch in thickness 
by not less than 6 inches in width, nailed tightly together, and 
extending to the outside face of the stringers.
    (viii) The ends of all platform boards shall rest on the top of the 
cross beams, shall be securely nailed, and at no intermediate points in 
the length of the platform shall there be any cantilever ends.
    (g) Horse scaffolds. (1) The minimum dimensions of lumber used in 
the construction of horses shall be in accordance with Table E-3 in 
Sec. 1915.118.
    (2) Horses constructed of materials other than lumber shall provide 
the strength, rigidity and security required of horses constructed of 
lumber.
    (3) The lateral spread of the legs shall be equal to not less than 
one-third of the height of the horse.
    (4) All horses shall be kept in good repair, and shall be properly 
secured when used in staging or in locations where they may be insecure.
    (5) Platform planking shall be in accordance with the requirements 
of paragraph (i) of this section.
    (6) Backrails and toeboards shall be in accordance with paragraph 
(j) of this section.
    (h) Other types of scaffolds. (1) Scaffolds of a type for which 
specifications are not contained in this section shall meet the general 
requirements of paragraphs (b), (i), and (j) of this section, shall be 
in accordance with recognized principles of design and shall be 
constructed in accordance with accepted standards covering such 
equipment.
    (i) Scaffold or platform planking. (1) Except as otherwise provided 
in paragraphs (f)(11) and (13) of this section, platform planking shall 
be of not less than 2 x 10 inch lumber. Platform planking shall be 
straight-grained and free from large or loose knots and may be either 
rough or dressed.
    (2) Platforms of staging shall be not less than two 10 inch planks 
in width except in such cases as the structure of the vessel or the 
width of the trestle ladders make it impossible to provide such a width.
    (3) Platform planking shall project beyond the supporting members at 
either end by at least 6 inches but in no case shall project more than 
12 inches unless the planks are fastened to the supporting members.
    (4) Table E-4 in Sec. 1915.118 shall be used as a guide in 
determining safe loads for scaffold planks.
    (j) Backrails and toeboards. (1) Scaffolding, staging, runways, or 
working platforms which are supported or suspended more than 5 feet 
above a solid surface, or at any distance above the water, shall be 
provided with a railing which has a top rail whose upper surface is from 
42 to 45 inches above the upper surface of the staging, platform, or 
runway and a midrail located halfway between the upper rail and the 
staging, platform, or runway.
    (2) Rails shall be of 2 x 4 inch lumber, flat bar or pipe. When used 
with rigid supports, taut wire or fiber rope of adequate strength may be 
used. If the distance between supports is more than 8 feet, rails shall 
be equivalent in strength to 2 x 4 inch lumber. Rails shall be firmly 
secured. Where exposed to hot work or chemicals, fiber rope rails shall 
not be used.
    (3) Rails may be omitted where the structure of the vessel prevents 
their

[[Page 58]]

use. When rails are omitted, employees working more than 5 feet above 
solid surfaces shall be protected by safety belts and life lines meeting 
the requirements of Sec. 1915.154(b), and employees working over water 
shall be protected by buoyant work vests meeting the requirements of 
Sec. 1915.154(a).
    (4) Employees working from swinging scaffolds which are triced out 
of a vertical line below their supports or from scaffolds on paint 
floats subject to surging, shall be protected against falling toward the 
vessel by a railing or a safety belt and line attached to the backrail.
    (5) When necessary, to prevent tools and materials from falling on 
men below, toeboards of not less than 1 x 4 inch lumber shall be 
provided.
    (k) Access to staging. (1) Access from below to staging more than 5 
feet above a floor, deck or the ground shall consist of well secured 
stairways, cleated ramps, fixed or portable ladders meeting the 
applicable requirements of Sec. 1915.72 or rigid type non-collapsible 
trestles with parallel and level rungs.
    (2) Ramps and stairways shall be provided with 36-inch handrails 
with midrails.
    (3) Ladders shall be so located or other means shall be taken so 
that it is not necessary for employees to step more than one foot from 
the ladder to any intermediate landing or platform.
    (4) Ladders forming integral parts of prefabricated staging are 
deemed to meet the requirements of these regulations.
    (5) Access from above to staging more than 3 feet below the point of 
access shall consist of a straight, portable ladder meeting the 
applicable requirements of Sec. 1915.72 or a Jacob's ladder properly 
secured, meeting the requirements of Sec. 1915.74(d).



Sec. 1915.72  Ladders.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) General requirements. (1) The use of ladders with broken or 
missing rungs or steps, broken or split side rails, or other faulty or 
defective construction is prohibited. When ladders with such defects are 
discovered, they shall be immediately withdrawn from service. Inspection 
of metal ladders shall include checking for corrosion of interiors of 
open end, hollow rungs.
    (2) When sections of ladders are spliced, the ends shall be abutted, 
and not fewer than 2 cleats shall be securely nailed or bolted to each 
rail. The combined cross sectional area of the cleats shall be not less 
than the cross sectional area of the side rail. The dimensions of side 
rails for their total length shall be those specified in paragraph (b) 
or (c) of this section.
    (3) Portable ladders shall be lashed, blocked or otherwise secured 
to prevent their being displaced. The side rails of ladders used for 
access to any level shall extend not less than 36 inches above that 
level. When this is not practical, grab rails which will provide a 
secure grip for an employee moving to or from the point of access shall 
be installed.
    (4) Portable metal ladders shall be of strength equivalent to that 
of wood ladders. Manufactured portable metal ladders provided by the 
employer shall be in accordance with the provisions of the American 
National Standards Institute Safety Code for Portable Metal Ladders, 
A14.2--1972.
    (5) Portable metal ladders shall not be used near electrical 
conductors nor for electric arc welding operations.
    (6) Manufactured portable wood ladders provided by the employer 
shall be in accordance with the provisions of the American National 
Standards Institute Safety Code for Portable Wood Ladders, A14--1975.
    (b) Construction of portable wood cleated ladders up to 30 feet in 
length. (1) Wood side rails shall be made from West Coast hemlock, 
Eastern spruce, Sitka spruce, or wood of equivalent strength. Material 
shall be seasoned, straight-grained wood, and free from shakes, checks, 
decay or other defects which will impair its strength. The use of low 
density woods is prohibited.
    (2) Side rails shall be dressed on all sides and kept free of 
splinters.
    (3) All knots shall be sound and hard. The use of material 
containing loose knots is prohibited. Knots shall not appear on the 
narrow face of the rail and, when in the side face, shall be not more 
than \1/2\ inch in diameter or within \1/2\

[[Page 59]]

inch of the edge of the rail or nearer than 3 inches to a tread or rung.
    (4) Pitch pockets not exceeding \1/8\ inch in width, 2 inches in 
length and \1/2\ inch in depth are permissible in wood side rails, 
provided that not more than one such pocket appears in each 4 feet of 
length.
    (5) The width between side rails at the base shall be not less than 
11\1/2\ inches for ladders 10 feet or less in length. For longer ladders 
this width shall be increased at least \1/4\ inch for each additional 2 
feet in length.
    (6) Side rails shall be at least 1\5/8\ x 3\5/8\ inches in cross 
section.
    (7) Cleats (meaning rungs rectangular in cross section with the wide 
dimension parallel to the rails) shall be of the material used for side 
rails, straight-grained and free from knots. Cleats shall be mortised 
into the edges of the side rails \1/2\ inch, or filler blocks shall be 
used on the rails between the cleats. The cleats shall be secured to 
each rail with three 10d common wire nails or fastened with through 
bolts or other fasteners of equivalent strength. Cleats shall be 
uniformly spaced not more than 12 inches apart.
    (8) Cleats 20 inches or less in length shall be at least 25/32 x 3 
inches in cross section. Cleats over 20 inches but not more than 30 
inches in length shall be at least 25/32 x 3\3/4\ inches in cross 
section.
    (c) Construction of portable wood cleated ladders from 30 to 60 feet 
in length. (1) Ladders from 30 to 60 feet in length shall be in 
accordance with the specifications of paragraph (b) of this section with 
the following exceptions:
    (i) Rails shall be of not less than 2 x 6 inch lumber.
    (ii) Cleats shall be of not less than 1 x 4 inch lumber.
    (iii) Cleats shall be nailed to each rail with five 10d common wire 
nails or fastened with through bolts or other fastenings of equivalent 
strength.



Sec. 1915.73  Guarding of deck openings and edges.

    (a) The provisions of this section shall apply to ship repairing and 
shipbuilding operations and shall not apply to shipbreaking.
    (b) When employees are working in the vicinity of flush manholes and 
other small openings of comparable size in the deck and other working 
surfaces, such openings shall be suitably covered or guarded to a height 
of not less than 30 inches, except where the use of such guards is made 
impracticable by the work actually in progress.
    (c) When employees are working around open hatches not protected by 
coamings to a height of 24 inches or around other large openings, the 
edge of the opening shall be guarded in the working area to height of 36 
to 42 inches, except where the use of such guards is made impracticable 
by the work actually in progress.
    (d) When employees are exposed to unguarded edges of decks, 
platforms, flats, and similar flat surfaces, more than 5 feet above a 
solid surface, the edges shall be guarded by adequate guardrails meeting 
the requirements of Sec. 1915.71(j) (1) and (2), unless the nature of 
the work in progress or the physical conditions prohibit the use or 
installation of such guardrails.
    (e) When employees are working near the unguarded edges of decks of 
vessels afloat, they shall be protected by personal flotation devices, 
meeting the requirements of Sec. 1915.154(a).
    (f) Sections of bilges from which floor plates or gratings have been 
removed shall be guarded by guardrails except where they would interfere 
with work in progress. If these open sections are in a walkway at least 
two 10-inch planks placed side by side, or equivalent, shall be laid 
across the opening to provide a safe walking surface.
    (g) Gratings, walkways, and catwalks, from which sections or ladders 
have been removed, shall be barricaded with adequate guardrails.



Sec. 1915.74  Access to vessels.

    (a) Access to vessels afloat. The employer shall not permit 
employees to board or leave any vessel, except a barge or river towboat, 
until the following requirements have been met:
    (1) Whenever practicable, a gangway of not less than 20 inches 
walking surface of adequate strength, maintained in safe repair and 
safely secured shall be used. If a gangway is not practicable, a 
substantial straight ladder, extending at least 36 inches above the 
upper landing surface and adequately

[[Page 60]]

secured against shifting or slipping shall be provided. When conditions 
are such that neither a gangway nor a straight ladder can be used, a 
Jacob's ladder meeting the requirements of paragraphs (d) (1) and (2) of 
this section may be used.
    (2) Each side of such gangway, and the turn table if used, shall 
have a railing with a minimum height of approximately 33 inches measured 
perpendicularly from rail to walking surface at the stanchion, with a 
mid rail. Rails shall be of wood, pipe, chain, wire or rope and shall be 
kept taut at all times.
    (3) Gangways on vessels inspected and certificated by the U.S. Coast 
Guard are deemed to meet the foregoing requirements, except in cases 
where the vessel's regular gangway is not being used.
    (4) The gangway shall be kept properly trimmed at all times.
    (5) When a fixed tread accommodations ladder is used, and the angle 
is low enough to require employees to walk on the edge of the treads, 
cleated duckboards shall be laid over and secured to the ladder.
    (6) When the lower end of a gangway overhangs the water between the 
ship and the dock in such a manner that there is danger of employees 
falling between the ship and the dock, a net or other suitable 
protection shall be rigged at the foot of the gangway in such a manner 
as to prevent employees from falling from the end of the gangway.
    (7) If the foot of the gangway is more than one foot away from the 
edge of the apron, the space between them shall be bridged by a firm 
walkway equipped with railings, with a minimum height of approximately 
33 inches with midrails on both sides.
    (8) Supporting bridles shall be kept clear so as to permit 
unobstructed passage for employees using the gangway.
    (9) When the upper end of the means of access rests on or flush with 
the top of the bulwark, substantial steps properly secured and equipped 
with at least one substantial handrail approximately 33 inches in height 
shall be provided between the top of the bulwark and the deck.
    (10) Obstructions shall not be laid on or across the gangway.
    (11) The means of access shall be adequately illuminated for its 
full length.
    (12) Unless the construction of the vessel makes it impossible, the 
means of access shall be so located that drafts of cargo do not pass 
over it. In any event, loads shall not be passed over the means of 
access while employees are on it.
    (b) Access to vessels in drydock or between vessels. Gangways 
meeting the requirements of paragraphs (a) (1), (2), (9), (10), (11) of 
this section shall be provided for access from wingwall to vessel or, 
when two or more vessels, other than barges or river towboats, are lying 
abreast, from one vessel to another.
    (c) Access to barges and river towboats. (1) Ramps for access of 
vehicles to or between barges shall be of adequate strength, provided 
with side boards, well maintained and properly secured.
    (2) Unless employees can step safely to or from the wharf, float, 
barge, or river towboat, either a ramp in accordance with the 
requirements of paragraph (a)(7) of this section shall be provided. When 
a walkway is impracticable, a substantial straight ladder, extending at 
least 36 inches above the upper landing surface and adequately secured 
against shifting or slipping, shall be provided. When conditions are 
such that neither a walkway nor a straight ladder can be used, a Jacob's 
ladder in accordance with the requirements of paragraph (d) of this 
section may be used.
    (3) The means of access shall be in accordance with the requirements 
of paragraphs (a) (9), (10), and (11) of this section.
    (d) Jacob's ladders. (1) Jacob's ladders shall be of the double rung 
or flat tread type. They shall be well maintained and properly secured.
    (2) A Jacob's ladder shall either hang without slack from its 
lashings or be pulled up entirely.



Sec. 1915.75  Access to and guarding of dry docks and marine railways.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.

[[Page 61]]

    (a) A gangway, ramp or permanent stairway of not less than 20 inches 
walking surface, of adequate strength, maintained in safe repair and 
securely fastened, shall be provided between a floating dry dock and the 
pier or bulkhead.
    (b) Each side of such gangway, ramp or permanent stairway, including 
those which are used for access to wing walls from dry dock floors, 
shall have a railing with a mid rail. Such railings on gangways or ramps 
shall be approximately 42 inches in height; and railings on permanent 
stairways shall be not less than approximately 30 or more than 
approximately 34 inches in height. Rails shall be of wood, pipe, chain, 
wire, or rope, and shall be kept taut at all times.
    (c) Railings meeting the requirements of paragraph (b) of this 
section shall be provided on the means of access to and from the floors 
of graving docks.
    (d) Railings approximately 42 inches in height, with a mid rail, 
shall be provided on the edges of wing walls of floating dry docks and 
on edges of graving docks. Sections of the railings may be temporarily 
removed where necessary to permit line handling while a vessel is 
entering or leaving the dock.
    (e) When employees are working on the floor of a floating dry dock 
where they are exposed to the hazard of falling into the water, the end 
of the dry dock shall be equipped with portable stanchions and 42 inch 
railings with a mid rail. When such a railing would be impracticable or 
ineffective, other effective means shall be provided to prevent men from 
falling into the water.
    (f) Access to wing walls from floors of dry docks shall be by ramps, 
permanent stairways or ladders meeting the applicable requirements of 
Sec. 1915.72.
    (g) Catwalks on stiles of marine railways shall be no less than 20 
inches wide and shall have on at least one side a guardrail and midrail 
meeting the requirements of Sec. 1915.71(j) (1) and (2).



Sec. 1915.76  Access to cargo spaces and confined spaces.

    The provisions of this section apply to ship repairing, shipbuilding 
and shipbreaking except that paragraph (a)(4) of this section applies to 
ship repairing only.
    (a) Cargo spaces. (1) There shall be at least one safe and 
accessible ladder in any cargo space which employees must enter.
    (2) When any fixed ladder is visibly unsafe, the employer shall 
prohibit its use by employees.
    (3) Straight ladders of adequate strength and suitably secured 
against shifting or slipping shall be provided as necessary when fixed 
ladders in cargo spaces do not meet the requirements of paragraph (a)(1) 
of this section. When conditions are such that a straight ladder cannot 
be used, a Jacob's ladder meeting the requirements of Sec. 1915.74(d) 
may be used.
    (4) When cargo is stowed within 4 inches of the back of ladder 
rungs, the ladder shall be deemed ``unsafe'' for the purpose of this 
section.
    (5) Fixed ladders or straight ladders provided for access to cargo 
spaces shall not be used at the same time that cargo drafts, equipment, 
materials, scrap or other loads are entering or leaving the hold. Before 
using these ladders to enter or leave the hold, the employee shall be 
required to inform the winchman or crane signalman of his intention.
    (b) Confined spaces. (1) More than one means of access shall be 
provided to a confined space in which employees are working and in which 
the work may generate a hazardous atmosphere in the space except where 
the structure or arrangement of the vessel makes this provision 
impractical.
    (2) When the ventilation ducts required by these regulations must 
pass through these means of access, the ducts shall be of such a type 
and so arranged as to permit free passage of an employee through at 
least two of these means of access.



Sec. 1915.77  Working surfaces.

    (a) Paragraphs (b) through (d) of this section shall apply to ship 
repairing, shipbuilding operations and shall not apply to shipbreaking. 
Paragraph (e) of this section shall apply to shipbuilding, ship 
repairing and shipbreaking operations.
    (b) When firebox floors present tripping hazards of exposed tubing 
or of

[[Page 62]]

missing or removed refractory, sufficient planking to afford safe 
footing shall be laid while work is being carried on within the boiler.
    (c) When employees are working aloft, or elsewhere at elevations 
more than 5 feet above a solid surface, either scaffolds or a sloping 
ladder, meeting the requirements of this subpart, shall be used to 
afford safe footing, or the employees shall be protected by safety belts 
and lifelines meeting the requirements of Sec. 1915.154(b). Employees 
visually restricted by blasting hoods, welding helmets, and burning 
goggles shall work from scaffolds, not from ladders, except for the 
initial and final welding or burning operation to start or complete a 
job, such as the erection and dismantling of hung scaffolding, or other 
similar, nonrepetitive jobs of brief duration.
    (d) For work performed in restricted quarters, such as behind 
boilers and in between congested machinery units and piping, work 
platforms at least 20 inches wide meeting the requirements of 
Sec. 1915.71(i)(1) shall be used. Backrails may be omitted if 
bulkheading, boilers, machinery units, or piping afford proper 
protection against falling.
    (e) When employees are boarding, leaving, or working from small 
boats or floats, they shall be protected by personal flotation devices 
meeting the requirements of Sec. 1915.154.



                  Subpart F--General Working Conditions



Sec. 1915.91  Housekeeping.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking except that paragraphs (c) and (e) of this 
section do not apply to shipbreaking.
    (a) Good housekeeping conditions shall be maintained at all times. 
Adequate aisles and passageways shall be maintained in all work areas. 
All staging platforms, ramps, stairways, walkways, aisles, and 
passageways on vessels or dry docks shall be kept clear of all tools, 
materials, and equipment except that which is in use, and all debris 
such as welding rod tips, bolts, nuts, and similar material. Hose and 
electric conductors shall be elevated over or placed under the walkway 
or working surfaces or covered by adequate crossover planks.
    (b) All working areas on or immediately surrounding vessels and dry 
docks, graving docks, or marine railways shall be kept reasonably free 
of debris, and construction material shall be so piled as not to present 
a hazard to employees.
    (c) Slippery conditions on walkways or working surfaces shall be 
eliminated as they occur.
    (d) Free access shall be maintained at all times to all exits and to 
all fire-alarm boxes or fire-extinguishing equipment.
    (e) All oils, paints thinners, solvents, waste, rags, or other 
flammable substances shall be kept in fire resistant covered containers 
when not in use.



Sec. 1915.92  Illumination.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) All means of access and walkways leading to working areas as 
well as the working areas themselves shall be adequately illuminated.
    (b) Temporary lights shall meet the following requirements:
    (1) Temporary lights shall be equipped with guards to prevent 
accidental contact with the bulb, except that guards are not required 
when the construction of the reflector is such that the bulb is deeply 
recessed.
    (2) Temporary lights shall be equipped with heavy duty electric 
cords with connections and insulation maintained in safe condition. 
Temporary lights shall not be suspended by their electric cords unless 
cords and lights are designed for this means of suspension. Splices 
which have insulation equal to that of the cable are permitted.
    (3) Cords shall be kept clear of working spaces and walkways or 
other locations in which they are readily exposed to damage.
    (c) Exposed non-current-carrying metal parts of temporary lights 
furnished by the employer shall be grounded either through a third wire 
in the cable containing the circuit conductors or through a separate 
wire which is grounded at the source of the

[[Page 63]]

current. Grounding shall be in accordance with the requirements of 
Sec. 1915.132(b).
    (d) Where temporary lighting from sources outside the vessel is the 
only means of illumination, portable emergency lighting equipment shall 
be available to provide illumination for safe movement of employees.
    (e) Employees shall not be permitted to enter dark spaces without a 
suitable portable light. The use of matches and open flame lights is 
prohibited. In nongas free spaces, portable lights shall meet the 
requirements of Sec. 1915.13.
    (f) Temporary lighting stringers or streamers shall be so arranged 
as to avoid overloading of branch circuits. Each branch circuit shall be 
equipped with overcurrent protection of capacity not exceeding the rated 
current carrying capacity of the cord used.



Sec. 1915.93  Utilities.

    The provisions of this section shall apply to ship repairing, 
shipbuilding, and shipbreaking except that paragraph (c) of this section 
applies to ship repairing and shipbuilding only.
    (a) Steam supply and hoses. (1) Prior to supplying a vessel with 
steam from a source outside the vessel, the employer shall ascertain 
from responsible vessel's representatives, having knowledge of the 
condition of the plant, the safe working pressure of the vessel's steam 
system. The employer shall install a pressure gauge and a relief valve 
of proper size and capacity at the point where the temporary steam hose 
joins the vessel's steam piping system or systems. The relief valve 
shall be set and capable of relieving at a pressure not exceeding the 
safe working pressure of the vessel's system in its present condition, 
and there shall be no means of isolating the relief valve from the 
system which it protects. The pressure gauge and relief valve shall be 
located so as to be visible and readily accessible.
    (2) Steam hose and fittings shall have a safety factor of not less 
than five (5).
    (3) When steam hose is hung in a bight or bights, the weight shall 
be relieved by appropriate lines. The hose shall be protected against 
chafing.
    (4) Steam hose shall be protected from damage and hose and temporary 
piping shall be so shielded where passing through normal work areas as 
to prevent accidental contact by employees.
    (b) Electric power. (1) When the vessel is supplied with electric 
power from a source outside the vessel, the following precautions shall 
be taken prior to energizing the vessel's circuits:
    (i) If in dry dock, the vessel shall be adequately grounded.
    (ii) The employer shall ascertain from responsible vessel's 
representatives, having knowledge of the condition of the vessel's 
electrical system, that all circuits to be energized are in a safe 
condition.
    (iii) All circuits to be energized shall be equipped with 
overcurrent protection of capacity not exceeding the rated current 
carrying capacity of the cord used.
    (c) Infrared electrical heat lamps. (1) All infrared electrical heat 
lamps shall be equipped with guards that surround the lamps with the 
exception of the face, to minimize accidental contact with the lamps.



Sec. 1915.94  Work in confined or isolated spaces.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking. When any work is performed in a confined 
space, except as provided in Sec. 1915.51(c)(3), or when an employee is 
working alone in an isolated location, frequent checks shall be made to 
ensure the safety of the employees.



Sec. 1915.95  Ship repairing and shipbuilding work on or in the vicinity of radar and radio.

    The provisions of this section shall apply to ship repairing and 
shipbuilding.
    (a) No employees other than radar or radio repairmen shall be 
permitted to work on masts, king posts or other aloft areas unless the 
radar and radio are secured or otherwise made incapable of radiation. In 
either event, the radio and radar shall be appropriately tagged.
    (b) Testing of radar or radio shall not be done until the employer 
can schedule such tests at a time when no work is in progress aloft or 
personnel can be

[[Page 64]]

cleared from the danger area according to minimum safe distances 
established for and based on the type, model, and power of the 
equipment.

[47 FR 16986, Apr. 20, 1982, as amended at 49 FR 18295, Apr. 30, 1984; 
54 FR 24334, June 7, 1989]



Sec. 1915.96  Work in or on lifeboats.

    The provisions of this section shall apply to ship repairing, 
shipbuilding, and shipbreaking except that paragraph (b) of this section 
applies to ship repairing and shipbuilding only.
    (a) Before employees are permitted to work in or on a lifeboat, 
either stowed or in a suspended position, the employer shall ensure that 
the boat is secured independently of the releasing gear to prevent the 
boat from falling due to accidental tripping of the releasing gear and 
movement of the davits or capsizing of a boat in chocks.
    (b) Employees shall not be permitted to remain in boats while the 
boats are being hoisted into final stowed position.
    (c) Employees shall not be permitted to work on the outboard side of 
lifeboats stowed on their chocks unless the boats are secured by gripes 
or otherwise secured to prevent them from swinging outboard.



Sec. 1915.97  Health and sanitation.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking, except where indicated otherwise.
    (a) The employer shall provide all necessary controls, and the 
employees shall be protected by suitable personal protective equipment 
against the hazards identified under Sec. 1915.99 of this part and those 
hazards for which specific precautions are required in subparts B, C, 
and D of this part.
    (b) The employer shall provide adequate washing facilities for 
employees engaged in the application of paints or coatings or in other 
operations where contaminants can, by ingestion or absorption, be 
detrimental to the health of the employees. The employer shall encourage 
good personal hygiene practices by informing the employees of the need 
for removing surface contaminants by thorough washing or hands and face 
prior to eating or smoking.
    (c) The employer shall not permit employees to eat or smoke in areas 
undergoing surface preparation or preservation or where shipbreaking 
operations produce atmospheric contaminants.
    (d) The employer shall not permit employees engaged in ship repair 
work on a vessel to work in the immediate vicinity of uncovered garbage 
and shall ensure that employees working beneath or on the outboard side 
of a vessel are not subject to contamination by drainage or waste from 
overboard discharges.
    (e) No minor under 18 years of age shall be employed in shipbreaking 
or related employments.

[52 FR 31886, Aug. 24, 1987]



Sec. 1915.98  First aid.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Unless a first aid room and a qualified attendant are close at 
hand and prepared to render first aid to employees on behalf of the 
employer, the employer shall furnish a first aid kit for each vessel on 
which work is being performed, except that when work is being performed 
on more than one small vessel at one pier, only one kit shall be 
required. The kit, when required, shall be kept close to the vessel and 
at least one employee, close at hand, shall be qualified to administer 
first aid to the injured.
    (b) The first aid kit shall consist of a weatherproof container with 
individual sealed packages for each type of item. The contents of such 
kit shall contain a sufficient quantity of at least the following types 
of items:

Gauze roller bandages, 1 inch and 2 inch.
Gauze compress bandages, 4 inch.
Adhesive bandages, 1 inch.
Triangular bandage, 40 inch.
Ammonia inhalants and ampules.
Antiseptic applicators or swabs.
Burn dressing.
Eye dressing.
Wire or thin board splints.
Forceps and tourniquet.

    (c) The contents of the first aid kit shall be checked before being 
sent out on each job and at least weekly on each job to ensure that the 
expended items are replaced.

[[Page 65]]

    (d) There shall be available for each vessel on which ten (10) or 
more employees are working one Stokes basket stretcher, or equivalent, 
permanently equipped with bridles for attaching to the hoisting gear, 
except that no more than two strechers are required on each job 
location. A blanket or other liner suitable for transferring the patient 
to and from the stretcher shall be provided. Stretchers shall be kept 
close to the vessels. This paragraph does not apply where ambulance 
services which are available are known to carry such stretchers.



Sec. 1915.100  Retention of DOT markings, placards and labels.

    (a) Any employer who receives a package of hazardous material which 
is required to be marked, labeled or placarded in accordance with the U. 
S. Department of Transportation's Hazardous Materials Regulations (49 
CFR parts 171 through 180) shall retain those markings, labels and 
placards on the package until the packaging is sufficiently cleaned of 
residue and purged of vapors to remove any potential hazards.
    (b) Any employer who receives a freight container, rail freight car, 
motor vehicle, or transport vehicle that is required to be marked or 
placarded in accordance with the Hazardous Materials Regulations shall 
retain those markings and placards on the freight container, rail 
freight car, motor vehicle or transport vehicle until the hazardous 
materials which require the marking or placarding are sufficiently 
removed to prevent any potential hazards.
    (c) Markings, placards and labels shall be maintained in a manner 
that ensures that they are readily visible.
    (d) For non-bulk packages which will not be reshipped, the 
provisions of this section are met if a label or other acceptable 
marking is affixed in accordance with the Hazard Communication Standard 
(29 CFR 1910.1200).
    (e) For the purposes of this section, the term ``hazardous 
material'' and any other terms not defined in this section have the same 
definition as in the Hazardous Materials Regulations (49 CFR parts 171 
through 180).

[59 FR 36700, July 19, 1994]



    Subpart G--Gear and Equipment for Rigging and Materials Handling



Sec. 1915.111  Inspection.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) All gear and equipment provided by the employer for rigging and 
materials handling shall be inspected before each shift and when 
necessary, at intervals during its use to ensure that it is safe. 
Defective gear shall be removed and repaired or replaced before further 
use.
    (b) The safe working load of gear as specified in Secs. 1915.112 and 
1915.113 shall not be exceeded.



Sec. 1915.112  Ropes, chains and slings.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Manila rope and manila rope slings. (1) Table G-1 in 
Sec. 1915.118 shall be used to determine the safe working load of 
various sizes of manila rope and manila rope slings at various angles, 
except that higher safe working loads are permissible when recommended 
by the manufacturer for specific, identifiable products, provided that a 
safety factor of not less than five (5) is maintained.
    (b) Wire rope and wire rope slings. (1) Tables G-2 through G-5 in 
Sec. 1915.118 shall be used to determine the safe working loads of 
various sizes and classifications of improved plow steel wire rope and 
wire rope slings with various types of terminals. For sizes, 
classifications and grades not included in these tables, the safe 
working load recommended by the manufacturer for specific, identifiable 
products shall be followed, provided that a safety factor of not less 
than five (5) is maintained.
    (2) Protruding ends of strands in splices on slings and bridles 
shall be covered or blunted.
    (3) Where U-bolt wire rope clips are used to form eyes, Table G-6 in 
Sec. 1915.118 shall be used to determine the number and spacing of 
clips. The U-bolt shall be applied so that the ``U'' section is in 
contact with the dead end of the rope.
    (4) Wire rope shall not be secured by knots.

[[Page 66]]

    (c) Chains and chain slings. (1) Tables G-7 and G-8 in Sec. 1915.118 
shall be used to determine the working load limit of various sizes of 
wrought iron and alloy steel chains and chain slings, except that higher 
safe working loads are permissible when recommended by the manufacturer 
for specific, identifiable products.
    (2) All sling chains, including end fastenings, shall be given a 
visual inspection before being used on the job. A thorough inspection of 
all chains in use shall be made every 3 months. Each chain shall bear an 
indication of the month in which it was thoroughly inspected. The 
thorough inspection shall include inspection for wear, defective welds, 
deformation and increase in length or stretch.
    (3) Interlink wear, not accompanied by stretch in excess of 5 
percent, shall be noted and the chain removed from service when maximum 
allowable wear at any point of link, as indicated in Table G-9 in 
Sec. 1915.18 has been reached.
    (4) Chain slings shall be removed from service when, due to stretch, 
the increase in length of a measured section exceeds five (5) percent; 
when a link is bent, twisted or otherwise damaged; or when raised scarfs 
or defective welds appear.
    (5) All repairs to chains shall be made under qualified supervision. 
Links or portions of the chain found to be defective as described in 
paragraph (c)(4) of this section shall be replaced by links having 
proper dimensions and made of material similar to that of the chain. 
Before repaired chains are returned to service, they shall be proof 
tested to the proof test load recommended by the manufacturer.
    (6) Wrought iron chains in constant use shall be annealed or 
normalized at intervals not exceeding six months when recommended by the 
manufacturer. The chain manufacturer shall be consulted for recommended 
procedures for annealing or normalizing. Alloy chains shall never be 
annealed.
    (7) A load shall not be lifted with a chain having a kink or knot in 
it. A chain shall not be shortened by bolting, wiring or knotting.



Sec. 1915.113  Shackles and hooks.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Shackles. (1) Table G-10 in Sec. 1915.118 shall be used to 
determine the safe working loads of various sizes of shackles, except 
that higher safe working loads are permissible when recommended by the 
manufacturer for specific, identifiable products, provided that a safety 
factor of not less than (5) is maintained.
    (b) Hooks. (1) The manufacturer's recommendations shall be followed 
in determining the safe working loads of the various sizes and types of 
specific and identifiable hooks. All hooks for which no applicable 
manufacturer's recommendations are available shall be tested to twice 
the intended safe working load before they are initially put into use. 
The employer shall maintain and keep readily available a certification 
record which includes the date of such tests, the signature of the 
person who performed the test and an identifier for the hook which was 
tested.
    (2) Loads shall be applied to the throat of the hook since loading 
the point overstresses and bends or springs the hook.
    (3) Hooks shall be inspected periodically to see that they have not 
been bent by overloading. Bent or sprung hooks shall not be used.

[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986]



Sec. 1915.114  Chain falls and pull-lifts.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Chain falls and pull-lifts shall be clearly marked to show the 
capacity and the capacity shall not be exceeded.
    (b) Chain falls shall be regularly inspected to ensure that they are 
safe, particular attention being given to the lift chain, pinion, 
sheaves and hooks for distortion and wear. Pull-lifts shall be regularly 
inspected to ensure that they are safe, particular attention being given 
to the ratchet, pawl, chain and hooks for distortion and wear.
    (c) Straps, shackles, and the beam or overhead structure to which a 
chain

[[Page 67]]

fall or pull-lift is secured shall be of adequate strength to support 
the weight of load plus gear. The upper hook shall be moused or 
otherwise secured against coming free of its support.
    (d) Scaffolding shall not be used as a point of attachment for 
lifting devices such as tackles, chain falls, and pull-lifts unless the 
scaffolding is specifically designed for that purpose.



Sec. 1915.115  Hoisting and hauling equipment.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Derrick and crane certification. (1) Derricks and cranes which 
are part of, or regularly placed aboard barges, other vessels, or on 
wingwalls of floating drydocks, and are used to transfer materials or 
equipment from or to a vessel or drydock, shall be tested and 
certificated in accordance with the standards provided in part 1919 of 
this title by persons accredited for the purpose.
    (b) The moving parts of hoisting and hauling equipment shall be 
guarded.
    (c) Mobile crawler or truck cranes used on a vessel. (1) The maximum 
manufacturer's rated safe working loads for the various working radii of 
the boom and the maximum and minimum radii at which the boom may be 
safely used with and without outriggers shall be conspicuously posted 
near the controls and shall be visible to the operator. A radius 
indicator shall be provided.
    (2) The posted safe working loads of mobile crawler or truck cranes 
under the conditions of use shall not be exceeded.
    (d) Accessible areas within the swing radius of the outermost part 
of the body of a revolving derrick or crane wither permanently or 
temporarily mounted, shall be guarded in such a manner as to prevent an 
employee from being in such a position as to be struck by the crane or 
caught between the crane and fixed parts of the vessel or of the crane 
itself.
    (e) Marine railways. (1) The cradle or carriage on the marine 
railway shall be positively blocked or secured when in the hauled 
position to prevent it from being accidentally released.



Sec. 1915.116  Use of gear.

    (a) The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking except that paragraphs (c) and (d) of this 
section shall apply to ship repairing and shipbuilding only.
    (b) Loads shall be safely rigged before being hoisted.
    (c) Plates shall be handled on and off hulls by means of shackles 
whenever possible. Clips or pads of ample size shall be welded to the 
plate to receive the shackle pins when there are no holes in the plate. 
When it is not possible to make holes in or to weld pads to the plate, 
alligator tongs, grab clamps or screw clamps may be used. In such cases 
special precautions shall be taken to keep employees from under such 
lifts.
    (d) Tag lines shall be provided on loads likely to swing or to need 
guidance.
    (e) When slings are secured to eye-bolts, the slings shall be so 
arranged, using spreaders if necessary, that the pull is within 20 
degrees of the axis of the bolt.
    (f) Slings shall be padded by means of wood blocks or other suitable 
material where they pass over sharpe edges or corners of loads so as to 
prevent cutting or kinking.
    (g) Skips shall be rigged to be handled by not less than 3 legged 
bridles, and all legs shall always be used. When open end skips are 
used, means shall be taken to prevent the contents from falling.
    (h) Loose ends of idle legs of slings in use shall be hung on the 
hook.
    (i) Employees shall not be permitted to ride the hook or the load.
    (j) Loads (tools, equipment or other materials) shall not be swung 
or suspended over the heads of employees.
    (k) Pieces of equipment or structure susceptible to falling or 
dislodgement shall be secured or removed as early as possible.
    (l) An individual who is familiar with the signal code in use shall 
be assigned to act as a signalman when the hoist operator cannot see the 
load being handled. Communications shall be made by means of clear and 
distinct visual or auditory signals except that verbal signals shall not 
be permitted.

[[Page 68]]

    (m) Pallets, when used, shall be of such material and contruction 
and so maintained as to safely support and carry the loads being handled 
on them.
    (n) A section of hatch through which materials or equipment are 
being raised, lowered, moved, or otherwise shifted manually or by a 
crane, winch, hoist, or derrick, shall be completely opened. The beam or 
pontoon left in place adjacent to an opening shall be sufficiently 
lashed, locked or otherwise secured to prevent it from being unshipped 
so that it cannot be displaced by accident.
    (o) Hatches shall not be open or closed while employees are in the 
square of the hatch below.
    (p) Before loads or empty lifting gear are raised, lowered, or 
swung, clear and sufficient advance warning shall be given to employees 
in the vincinity of such operations.
    (q) At no time shall an employee be permitted to place himself in a 
hazardous position between a swinging load and a fixed object.



Sec. 1915.117  Qualifications of operators.

    Paragraphs (a) and (d) of this section shall apply to ship repairing 
and shipbuilding only. Paragraphs (b) and (c) of this section shall 
apply to ship repairing, shipbuilding and shipbreaking.
    (a) When ship's gear is used to hoist materials aboard, a competent 
person shall determine that the gear is properly rigged, that it is in 
safe condition, and that it will not be overloaded by the size and 
weight of the lift.
    (b) Only those employees who understand the signs, notices, and 
operating instructions, and are familiar with the signal code in use, 
shall be permitted to operate a crane, winch, or other power operated 
hoisting apparatus.
    (c) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments which may suddenly incapacitate him, shall be permitted to 
operate a crane, winch or other power operated hoisting apparatus.
    (d) No minor under eighteen (18) years of age shall be employed in 
occupations involving the operation of any power-driven hoisting 
apparatus or assisting in such operations by work such as hooking on, 
loading slings, rigging gear, etc.



Sec. 1915.118  Tables.

    The provisions of this section apply to ship repairing, shipbuilding 
and shipbreaking.

                   Table E-1--Dimensions and Spacing of Wood Independent-Pole Scaffold Members                  
----------------------------------------------------------------------------------------------------------------
                               Light duty (Up to 25 pounds per square    Heavy duty (25 to 75 pounds per square 
                                        foot)--Height in feet                     foot)--Height in feet         
     Structural members      -----------------------------------------------------------------------------------
                               24 or less       24-40         40-60      24 or less       24-40         40-60   
----------------------------------------------------------------------------------------------------------------
Poles or uprights (in                                                                                           
 inches)....................         2 x 4  3 x 4 or 2 x                                                        
                                                       6         4 x 4         3 x 4         4 x 4         4 x 6
Bearers (in inches).........         2 x 6         2 x 6         2 x 6         2 x 8         2 x 8        2 x 10
Ledgers (in inches).........         2 x 6         2 x 6         2 x 6         2 x 8         2 x 8         2 x 8
Stringers (not supporting                                                                                       
 bearers) (in inches).......         1 x 6         1 x 6         1 x 6         1 x 6         1 x 6         1 x 6
Braces (in inches)..........         1 x 4         1 x 6         1 x 6         1 x 6         1 x 6         1 x 6
Pole spacing--longitudinally                                                                                    
 (in feet)..................        7\1/2\        7\1/2\        7\1/2\             7             7             7
Pole spacing--transversely                                                                                      
 (in feet)..................    6\1/2\ min    7\1/2\ min    8\1/2\ min        6\1/2\            10            10
Ledger spacing--vertically                                                                                      
 (in feet)..................             7             7             7        4\1/2\        4\1/2\        4\1/2\
----------------------------------------------------------------------------------------------------------------


           Table E-2--Specifications for Side Rails of Ladders          
------------------------------------------------------------------------
                                               Cross section (in inches)
              Length (in feet)               ---------------------------
                                                 At ends      At center 
------------------------------------------------------------------------
15..........................................  1\7/8\ x 2\3/             
                                                        4\  1\7/8\ x 3\3/
                                                                      4\
16..........................................  1\7/8\ x 2\3/             
                                                        4\  1\7/8\ x 3\3/
                                                                      4\
18..........................................    1\7/8\ x 3    1\7/8\ x 4
20..........................................    1\7/8\ x 3    1\7/8\ x 4
24..........................................    1\7/8\ x 3  1\7/8\ x 4\1/
                                                                      2\
------------------------------------------------------------------------


[[Page 69]]


        Table E-3--Specifications for the Construction of Horses        
------------------------------------------------------------------------
                                                Height in feet          
         Structural members          -----------------------------------
                                       Up to 10    10 to 16    16 to 20 
------------------------------------------------------------------------
                                          inches      inches      inches
Legs................................       2 x 4       3 x 4       4 x 6
Bearers or headers..................       2 x 6       2 x 8       4 x 6
Crossbraces.........................       2 x 4       2 x 4       2 x 6
                                            or                          
                                           1 x 8                        
Longitudinal braces.................       2 x 4       2 x 6       2 x 6
------------------------------------------------------------------------


                                      Table E-4--Safe Center Loads for Scaffold Plank of 1,100 Pounds Fibre Stress                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Lumber dimensions in inches                                      
                  Span in feet                  --------------------------------------------------------------------------------------------------------
                                                    A          B         A          B         A          B         A          B         A          B    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  2 x 10    1\5/8\ x                                                                                    
                                                              9\1/2\   2 x 12    1\5/8\ x                                                               
                                                                                  11\1/2\    3 x 8    2\5/8\ x                                          
                                                                                                        7\1/2\   3 x 10    2\5/8\ x                     
                                                                                                                             9\1/2\   3 x 12    2\5/8\ x
                                                                                                                                                 11\1/2\
                                                --------------------------------------------------------------------------------------------------------
6..............................................      256                  309                  526                  667                  807            
8..............................................      192                  232                  395                  500                  605            
10.............................................      153                  186                  316                  400                  484            
12.............................................      128                  155                  263                  333                  404            
14.............................................      110                  133                  225                  286                  346            
16.............................................  .......                  116                  197                  250                  303            
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Rough lumber.                                                                                                                                      
(B)--Dressed lumber.                                                                                                                                    


                                                                 Table G-1--Manila Rope                                                                 
                                                           [In pounds or tons of 2,000 pounds]                                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Diameter in                                                                      
                           Circumferences                                 inches         Single leg     60 deg. bridle   45 deg. bridle   30 deg. bridle
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 lbs.             lbs.             lbs.             lbs.
\3/4\..............................................................            \1/4\              120              204              170              120
1..................................................................           \5/16\              200              346              282              200
1\1/8\.............................................................            \3/8\              270              467              380              270
1\1/4\.............................................................           \7/16\              350              605              493              350
1\3/8\.............................................................         1\15/32\              450              775              635              450
1\1/2\.............................................................            \1/2\              530              915              798              530
1\3/4\.............................................................           \9/16\              690             1190              973              690
2..................................................................            \5/8\              880             1520             1240              880
2\1/4\.............................................................            \3/4\             1080             1870             1520             1080
2\1/2\.............................................................         1\13/16\             1300             2250             1830             1300
2\3/4\.............................................................            \7/8\             1540             2660             2170             1540
3..................................................................                1             1800             3120             2540             1800
                                                                                             Tons             Tons             Tons             Tons    
3\1/4\.............................................................          1\1/16\              1.0              1.7              1.4              1.0
3\1/2\.............................................................           1\1/8\              1.2              2.1              1.7              1.2
3\3/4\.............................................................           1\1/4\             1.35              2.3              1.9             1.35
4..................................................................          1\5/16\              1.5              2.6              2.1              1.5
4\1/2\.............................................................           1\1/2\              1.8              3.1              2.5              1.8
5..................................................................           1\5/8\             2.25              3.9              3.2             2.25
5\1/2\.............................................................           1\3/4\              2.6              4.5              3.7              2.6
6..................................................................                2              3.1              5.4              4.4              3.1
6\1/2\.............................................................           2\1/8\              3.6              6.2              5.1              3.6
--------------------------------------------------------------------------------------------------------------------------------------------------------


 Table G-2--Rated Capacities for Improved Plow Steel, Independent Wire Rope Core, Wire Rope and Wire Rope Slings
                                            [In tons of 2,000 pounds]                                           
----------------------------------------------------------------------------------------------------------------
                                                                  Single leg                                    
                             -----------------------------------------------------------------------------------
        Rope diameter                         Vertical                                   Choker                 
                             -----------------------------------------------------------------------------------
                                    A             B             C             A             B             C     
----------------------------------------------------------------------------------------------------------------
                                                             6 x 19 Classification                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
\1/4\''.....................           .59           .56           .53           .44           .42           .40
\3/8\''.....................           1.3           1.2           1.1           .98           .93           .86
\1/2\''.....................           2.3           2.2           2.0           1.7           1.6           1.5

[[Page 70]]

                                                                                                                
\5/8\''.....................           3.6           3.4           3.0           2.7           2.5           2.2
\3/4\''.....................           5.1           4.9           4.2           3.8           3.6           3.1
\7/8\''.....................           6.9           6.6           5.5           5.2           4.9           4.1
1''.........................           9.0           8.5           7.2           6.7           6.4           5.4
1\1/8\''....................            11            10           9.0           8.5           7.8           6.8
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                             6 x 37 Classification                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1\1/4\''....................            13            12            10           9.9           9.2           7.9
1\3/8\''....................            16            15            13            12            11           9.6
1\1/2\''....................            19            17            15            14            13            11
1\3/4\''....................            26            24            20            19            18            15
2''.........................            33            30            26            25            23            20
2\1/4\''....................            41            38            33            31            29            25
----------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.                                                                      
(B)--Mechanical Sleeve attachment.                                                                              
(C)--Hand Tucked Splice attachment.                                                                             


                            Table G-3--Rated Capacities for Improved Plow Steel, Independent Wire Rope Core, Wire Rope Slings                           
                                                                [in tons of 2,000 pounds]                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Two-leg bridle or basket hitch                                                             
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Vertical                60 deg. bridle             45 deg. bridle             30 deg. bridle     
                Rope diameter                -----------------------------------------------------------------------------------------------------------
                                                 A        B        C        A        B        C        A        B        C        A        B        C   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         6 x 19 Classification                                          
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\''.....................................      1.2      1.1      1.0      1.0      .97      .92      .83      .79      .75      .59      .56      .53
\3/8\''.....................................      2.6      2.5      2.3      2.3      2.1      2.0      1.8      1.8      1.6      1.3      1.2      1.1
\1/2\''.....................................      4.6      4.4      3.9      4.0      3.8      3.4      3.2      3.1      2.8      2.3      2.2      2.0
\5/8\''.....................................      7.2      6.8      6.0      6.2      5.9      5.2      5.1      4.8      4.2      3.6      3.4      3.0
\3/4\''.....................................       10      9.7      8.4      8.9      8.4      7.3      7.2      6.9      5.9      5.1      4.9      4.2
\7/8\''.....................................       14       13       11       12       11      9.6      9.8      9.3      7.8      6.9      6.6      5.5
1''.........................................       18       17       14       15       15       12       13       12       10      9.0      8.5      7.2
1\1/8\''....................................       23       21       18       19       18       16       16       15       13       11       10      9.0
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         6 x 37 Classification                                          
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
1\1/4\''....................................       26       24       21       23       21       18       19       17       15       13       12       10
1\3/8\''....................................       32       29       25       28       25       22       22       21       18       16       15       13
1\1/2\''....................................       38       35       30       33       30       26       27       25       21       19       17       15
1\3/4\''....................................       51       47       41       44       41       35       36       33       29       26       24       20
2''.........................................       66      621       53       57       53       46       47       43       37       33       30       26
2\1/4\''....................................       83       76       66       72       66       57       58       54       47       41       38       33
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal Attachment.                                                                                                              
(B)--Mechanical Sleeve Attachment.                                                                                                                      
(C)--Hand Tucked Splice Attachment.                                                                                                                     


[[Page 71]]


         Table G-4--Rated Capacities for Improved Plow Steel, Fiber Core, Wire Rope and Wire Rope Slings        
                                            [in tons of 2,000 pounds]                                           
----------------------------------------------------------------------------------------------------------------
                                                                  Single leg                                    
                             -----------------------------------------------------------------------------------
        Rope diameter                         Vertical                                   Choker                 
                             -----------------------------------------------------------------------------------
                                    A             B             C             A             B             C     
----------------------------------------------------------------------------------------------------------------
                                                             6 x 19 Classification                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
\1/4\''.....................           .55           .51           .49           .41           .38           .37
\3/8\''.....................           1.2           1.1           1.1           .91           .85           .80
\1/2\''.....................           2.1           2.0           1.8           1.6           1.5           1.4
\5/8\''.....................           3.3           3.1           2.8           2.5           2.3           2.1
\3/4\''.....................           4.8           4.4           3.9           3.6           3.3           2.9
\7/8\''.....................           6.4           5.9           5.1           4.8           4.5           3.9
1''.........................           8.4           7.7           6.7           6.3           5.8           5.0
1\1/8\''....................            10           9.5           8.4           7.9           7.1           6.3
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                             6 x 37 Classification                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1\1/4\''....................            12            11           9.8           9.2           8.3           7.4
1\3/8\''....................            15            13            12            11            10           8.9
1\1/2\''....................            17            16            14            13            12            10
1\3/4\''....................            24            21            19            18            16            14
2''.........................            31            28            25            23            21            18
----------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.                                                                      
(B)--Mechanical Sleeve attachment.                                                                              
(C)--Hand Tucked Splice attachment.                                                                             


                                    Table G-5--Rated Capacities for Improved Plow Steel, Fiber Core, Wire Rope Slings                                   
                                                                [In tons of 2,000 pounds]                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Two-leg bridle or basket hitch                                                             
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Vertical             60 deg. bridle          45 deg. bridle          30 deg. bridle    
                      Rope diameter                      -----------------------------------------------------------------------------------------------
                                                             A       B       C       A       B       C       A       B       C       A       B       C  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 6  x  19 Classification                                                                
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\''.................................................     1.1     1.0     .99     .95     .88     .85     .77     .72     .70     .55     .51     .49
\3/8\''.................................................     2.4     2.2     2.1     2.1     1.9     1.8     1.7     1.6     1.5     1.2     1.1     1.1
\1/2\''.................................................     4.3     3.9     3.7     3.7     3.4     3.2     3.0     2.8     2.6     2.1     2.0     1.8
\5/8\''.................................................     6.7     6.2     5.6     5.8     5.3     4.8     4.7     4.4     4.0     3.3     3.1     2.8
\3/4\''.................................................     9.5     8.8     7.8     8.2     7.6     6.8     6.7     6.2     5.5     4.8     4.4     3.9
\7/8\''.................................................      13      12      10      11      10     8.9     9.1     8.4     7.3     6.4     5.9     5.1
1''.....................................................      17      15      13      14      13      11      12      11     9.4     8.4     7.7     6.7
1\1/8\''................................................      21      19      17      18      16      14      15      13      12      10     9.5     8.4
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 6  x  37 Classification                                                                
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
1\1/4\''................................................      25      22      20      21      19      17      17      16      14      12      11     9.8
1\3/8\''................................................      30      27      24      26      23      20      21      19      17      15      13      12
1\1/2\''................................................      35      32      28      30      27      24      25      22      20      17      16      14
1\3/4\''................................................      48      43      38      41      37      33      34      30      27      24      21      19
2''.....................................................      62      55      49      53      48      43      43      39      35      31      28     25 
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.                                                                                                              
(B)--Mechanical Sleeve attachment.                                                                                                                      
(C)--Hand Tucked Splice attachment.                                                                                                                     


         Table G-6--Number and Spacing of U-Bolt Wire Rope Clips        
------------------------------------------------------------------------
                                              Number of clips           
                                           --------------------  Minimum
Improved plow steel, rope diameter, inches    Drop      Other   spacing,
                                             forged   material   inches 
------------------------------------------------------------------------
(\1\).....................................  ........  ........  ........
\1/2\.....................................         3         4         3
\5/8\.....................................         3         4    3\3/4\
\3/4\.....................................         4         5    4\1/2\

[[Page 72]]

                                                                        
\7/8\.....................................         4         5    5\1/4\
1.........................................         4         6         6
1\1/8\....................................         5         6    6\3/4\
1\1/4\....................................         5         7    7\1/2\
1\3/8\....................................         6         7    8\1/4\
1\1/2\....................................         6         8        9 
------------------------------------------------------------------------
\1\ Three clips shall be used on wire size less than \1/2\-inch         
  diameter.                                                             


                      Table G-7--Wrought Iron Chain                     
                   [In pounds or tons of 2,000 pounds]                  
------------------------------------------------------------------------
                                       Single  60 deg.  45 deg.  30 deg.
      Nominal size chains stock          leg    bridle   bridle   bridle
------------------------------------------------------------------------
\1/4\'' \1\..........................    1060     1835     1500     1060
\5/16\'' \1\.........................    1655     2865     2340     1655
\3/8\'' \1\..........................    2385      2.1     3370     2385
\7/16\'' \1\.........................    3250      2.8      2.3     3250
\1/2\''..............................     2.1      3.7      3.0      2.1
\9/16\'' \1\.........................     2.7      4.6      3.8      2.7
\5/8\''..............................     3.3      5.7      4.7      3.3
\3/4\''..............................     4.8      8.3      6.7      4.8
\7/8\''..............................     6.5     11.2      9.2      6.5
1''..................................     8.5     14.7     12.0      8.5
1\1/8\''.............................    10.0     17.3     14.2     10.0
1\1/4\''.............................    12.4     21.4     17.5     12.4
1\3/8\''.............................    15.0     25.9     21.1     15.0
1\1/2\''.............................    17.8     30.8     25.2     17.8
1\5/8\''.............................    20.9     36.2     29.5     20.9
1\3/4\''.............................    24.2     42.0     34.3     24.2
1\7/8\''.............................    27,6     47.9     39.1     27.6
2''..................................    31.6     54.8     44.8    31.6 
------------------------------------------------------------------------
\1\ These sizes of wrought iron chain are no longer manufactured in the 
  United States.                                                        


                      Table G-8--Alloy Steel Chain                      
                        (In tons of 2,000 pounds)                       
------------------------------------------------------------------------
                                       Single  60 deg.  45 deg.  30 deg.
       Nominal size chain stock          leg    bridle   bridle   bridle
------------------------------------------------------------------------
\1/4\''..............................    1.62     2.82     2.27     1.62
\3/8\''..............................    3.30     5.70     4.65     3.30
\1/2\''..............................    5.62     9.75     7.90     5.62
\5/8\''..............................    8.25    14.25    11.65     8.25
\3/4\''..............................    11.5     19.9     16.2     11.5
\7/8\''..............................    14.3     24.9     20.3     14.3
1''..................................    19.3     33.5     27.3     19.8
1\1/8\''.............................    22.2     38.5     31.5     22.2
1\1/4\''.............................    28.7     49.7     40.5     28.7
1\3/8\''.............................    33.5     58.0     47.0     33.5
1\1/2\''.............................    39.7     68.5     56.0     39.7
1\5/8\''.............................    42.5     73.5     59.5     42.5
1\3/4\''.............................    47.0     81.5     62.0     47.0
------------------------------------------------------------------------


         Table G-9--Maximum Allowable Wear at Any Point of Link         
------------------------------------------------------------------------
                                                                Maximum 
                                                               allowable
                     Chain size in inches                       wear in 
                                                                fraction
                                                               of inches
------------------------------------------------------------------------
\1/4\(\9/32\)................................................     \3/64\
\3/8\........................................................     \5/64\
\1/2\........................................................     \7/64\
\5/8\........................................................     \9/64\
\3/4\........................................................     \5/32\
\7/8\........................................................    1\1/64\
1............................................................     \3/16\
1\1/6\.......................................................     \7/32\
1\1/4\.......................................................      \1/4\
1\3/8\.......................................................     \9/32\
1\1/2\.......................................................     \5/16\
1\3/4\.......................................................    1\1/32\
------------------------------------------------------------------------


               Table G-10--Safe Working Loads for Shackles              
                        [In tons of 2,000 pounds]                       
------------------------------------------------------------------------
                                                         Pin      Safe  
               Material size (inches)                 diameter   working
                                                      (inches)    load  
------------------------------------------------------------------------
\1/2\...............................................     \5/8\       1.4
\5/8\...............................................     \3/4\       2.2
\3/4\...............................................     \7/8\       3.2
\7/8\...............................................         1       4.3
1...................................................    1\1/8\       5.6
1\1/8\..............................................    1\1/4\       6.7
1\1/4\..............................................    1\3/8\       8.2
1\3/8\..............................................    1\1/2\      10.0
1\1/2\..............................................    1\5/8\      11.9
1\3/4\..............................................         2      16.2
2...................................................    2\1/4\      21.2
------------------------------------------------------------------------


[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



                 Subpart H--Tools and Related Equipment



Sec. 1915.131  General precautions.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Hand lines, slings, tackles of adequate strength, or carriers 
such as tool bags with shoulder straps shall be provided and used to 
handle tools, materials, and equipment so that employees will have their 
hands free when using ship's ladders and access ladders. The use of hose 
or electric cords for this purpose is prohibited.
    (b) When air tools of the reciprocating type are not in use, the 
dies and tools shall be removed.
    (c) All portable, power-driven circular saws shall be equipped with

[[Page 73]]

guards above and below the base plate or shoe. The upper guard shall 
cover the saw to the depth of the teeth, except for the minimum are 
required to permit the base to be tilted for bevel cuts. The lower guard 
shall cover the saw to the depth of the teeth, except for the minimum 
are required to allow proper retraction and contact with the work. When 
the tool is withdrawn from the work, the lower guard shall automatically 
and instantly return to the covering position.
    (d) The moving parts of machinery on dry dock shall be guarded.
    (e) Before use, pneumatic tools shall be secured to the extension 
hose or whip by some positive means to prevent the tool from becoming 
accidentally disconnected from the whip.
    (f) The moving parts of drive mechanisms, such as gearing and 
belting on large portable tools, shall be adequately guarded.
    (g) Headers, manifolds and widely spaced hose connection on 
compressed air lines shall bear the work ``air'' in letters at least 1 
inch high, which shall be painted either on the manifold or separate 
hose connections, or on signs permanently attached to the manifolds or 
connections. Grouped air connections may be marked in one location.
    (h) Before use, compressed air hose shall be examined. Visibly 
damaged and unsafe hose shall not be used.



Sec. 1915.132  Portable electric tools.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking except that paragraph (e) of this section 
applies to ship repairing only.
    (a) The frames of portable electric tools and appliances, except 
double insulated tools approved by Underwriters' Laboratories, shall be 
grounded either through a third wire in the cable containing the circuit 
conductors or through a separate wire which is grounded at the source of 
the current.
    (b) Grounding circuits, other than by means of the structure of the 
vessel on which the tool is being used, shall be checked to ensure that 
the circuit between the ground and the grounded power conductor has 
resistance which is low enough to permit sufficient current to flow to 
cause the fuse or circuit breaker to interrupt the current.
    (c) Portable electric tools which are held in the hand shall be 
equipped with switches of a type which must be manually held in the 
closed position.
    (d) Worn or frayed electric cables shall not be used.
    (e) The employer shall notify the officer in charge of the vessel 
before using electric power tools operated with the vessel's current.



Sec. 1915.133  Hand tools.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) Employers shall not issue or permit the use of unsafe hand 
tools.
    (b) Wrenches, including crescent, pipe, end and socket wrenches, 
shall not be used when jaws are sprung to the point that slippage 
occurs.
    (c) Impact tools, such as drift pins, wedges, and chisels, shall be 
kept free of mushroomed heads.
    (d) The wooden handles of tools shall be kept free of splinters or 
cracks and shall be kept tight in the tool.



Sec. 1915.134  Abrasive wheels.

    This section shall apply to ship repairing, shipbuilding and 
shipbreaking.
    (a) Floor stand and bench mounted abrasive wheels used for external 
grinding shall be provided with safety guards (protection hoods). The 
maximum angular exposure of the grinding wheel periphery and sides shall 
be not more than 90 degrees, except that when work requires contact with 
the wheel below the horizontal plane of the spindle, the angular 
exposure shall not exceed 125 degrees. In either case the exposure shall 
begin not more than 65 degrees above the horizontal plane of the 
spindle. Safety guards shall be strong enough to withstand the effect of 
a bursting wheel.
    (b) Floor and bench mounted grinders shall be provided with work 
rests which are rigidly supported and readily adjustable. Such work 
rests shall be kept a distance not to exceed \1/8\ inch from the surface 
of the wheel.
    (c) Cup type wheels used for external grinding shall be protected by 
either a revolving cup guard or a band type

[[Page 74]]

guard in accordance with the provisions of the United States of America 
Standard Safety Code for the Use, Care, and Protection of Abrasive 
Wheels, B7.1. All other portable abrasive wheels used for external 
grinding shall be provided with safety guards (protection hoods) meeting 
the requirements of paragraph (e) of this section, except as follows:
    (1) When the work location makes it impossible, in which case a 
wheel equipped with safety flanges as described in paragraph (f) of this 
section shall be used.
    (2) When wheels 2 inches or less in diameter which are securely 
mounted on the end of a steel mandrel are used.
    (d) Portable abrasive wheels used for internal grinding shall be 
provided with safety flanges (protection flanges) meeting the 
requirements of paragraph (f) of this section, except as follows:
    (1) When wheels 2 inches or less in diameter which are securely 
mounted on the end of a steel mandrel are used.
    (2) If the wheel is entirely within the work being ground while in 
use.
    (e) When safety guards are required, they shall be so mounted as to 
maintain proper alignment with the wheel, and the guard and its 
fastenings shall be of sufficient strength to retain fragments of the 
wheel in case of accidental breakage. The maximum angular exposure of 
the grinding wheel periphery and sides shall not exceed 180 degrees.
    (f) When safety flanges are required, they shall be used only with 
wheels designed to fit the flanges. Only safety flanges of a type and 
design and properly assembled so as to insure that the pieces of the 
wheel will be retained in case of accidental breakage shall be used.
    (g) All abrasive wheels shall be closely inspected and ring tested 
before mounting to ensure that they are free from cracks or defects.
    (h) Grinding wheels shall fit freely on the spindle and shall not be 
forced on. The spindle nut shall be tightened only enough to hold the 
wheel in place.
    (i) The power supply shall be sufficient to maintain the rated 
spindle speed under all conditions of normal grinding. The rated maximum 
speed of the wheel shall not be exceeded.
    (j) All employees using abrasive wheels shall be protected by eye 
protection equipment in accordance with the requirements of subpart I of 
this part except when adequate eye protection is afforded by eye shields 
which are permanently attached to the bench or floor stand.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec. 1915.135  Powder actuated fastening tools.

    (a) The section shall apply to ship repairing and shipbuilding only.
    (b) General precautions. (1) Powder actuated fastening tools shall 
be tested each day before loading to ensure that the safety devices are 
in proper working condition. Any tool found not to be in proper working 
order shall be immediately removed from service until repairs are made.
    (2) Powder actuated fastening tools shall not be used in an 
explosive or flammable atmosphere.
    (3) All tools shall be used with the type of shield or muzzle guard 
appropriate for a particular use.
    (4) Fasteners shall not be driven into very hard or brittle 
materials such as cast iron, glazed tile, surface hardened steel, glass 
block, live rock, face brick or hollow title.
    (5) Fasteners shall not be driven into soft materials unless such 
materials are backed by a substance that will prevent the pin or 
fastener from passing completely through and creating a flying missile 
hazard on the opposite side.
    (6) Unless a special guard, fixture or jig is used, fasteners shall 
not be driven directly into materials such as brick or concrete within 3 
inches of the unsupported edge or corner, or into steel surfaces within 
\1/2\ inch of the unsupported edge or corner. When fastening other 
material, such as 2 x 4 inch lumber to a concrete surface, fasteners of 
greater than \7/32\ inch shank diameter shall not be used and fasteners 
shall not be driven within 2 inches of the unsupported edge or corner of 
the work surface.
    (7) Fasteners shall not be driven through existing holes unless a 
positive guide is used to secure accurate alignment.

[[Page 75]]

    (8) No attempt shall be made to drive a fastener into a spalled area 
caused by an unsatisfactory fastening.
    (9) Employees using powder actuated fastening tools shall be 
protected by personal protective equipment in accordance with the 
requirements of subpart I of this part.
    (c) Instruction of operators. Before employees are permitted to use 
powder actuated tools, they shall have been thoroughly instructed by a 
competent person with respect to the requirements of paragraph (b) of 
this section and the safe use of such tools as follows:
    (1) Before using a tool, the operator shall inspect it to determine 
that it is clean, that all moving parts operate freely and that the 
barrel is free from obstructions.
    (2) When a tool develops a defect during use, the operator shall 
immediately cease to use it and shall notify his supervisor.
    (3) Tools shall not be loaded until just prior to the intended 
firing time and the tool shall not be left unattended while loaded.
    (4) The tool, whether loaded or empty, shall not be pointed at any 
person, and hands shall be kept clear of the open barrel end.
    (5) In case of a misfire, the operator shall hold the tool in the 
operating position for at least 15 seconds and shall continue to hold 
the muzzle against the work surface during disassembly or opening of the 
tool and removal of the powder load.
    (6) Neither tools nor powder charges shall be left unattended in 
places where they would be available to unauthorized persons.

[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]



Sec. 1915.136  Internal combustion engines, other than ship's equipment.

    The provisions of this section shall apply to ship repairing, 
shipbuilding and shipbreaking.
    (a) When internal combustion engines furnished by the employer are 
used in a fixed position below decks, for such purposes as driving 
pumps, generators, and blowers, the exhaust shall be led to the open 
air, clear of any ventilation intakes and openings through which it 
might enter the vessel.
    (b) All exhaust line joints and connections shall be checked for 
tightness immediately upon starting the engine, and any leaks shall be 
corrected at once.
    (c) When internal combustion engines on vehicles, such as forklifts 
and mobile cranes, or on portable equipment such as fans, generators, 
and pumps exhaust into the atmosphere below decks, the competent person 
shall make tests of the carbon monoxide content of the atmosphere as 
frequently as conditions require to ensure that dangerous concentrations 
do not develop. Employees shall be removed from the compartment involved 
when the carbon monoxide concentration exceeds 50 parts per million 
(0.005%). The employer shall use blowers sufficient in size and number 
and so arranged as to maintain the concentration below this allowable 
limit before work is resumed.



             Subpart I--Personal Protective Equipment (PPE)

    Source:  61 FR 26352, May 24, 1996, unless otherwise noted.



Sec. 1915.151   Scope, application and definitions.

    (a) Scope and application. This subpart applies to all work in 
shipyard employment regardless of geographic location.
    (b) Definitions applicable to this subpart.
    Anchorage means a secure point of attachment for lifelines, 
lanyards, or deceleration devices.
    Body belt means a strap with means for both securing it about the 
waist and attaching it to a lanyard, lifeline, or deceleration device.
    Body harness means straps which may be secured about the employee in 
a manner that will distribute the fall arrest forces over at least the 
thighs, shoulders, chest and pelvis with means for attaching it to other 
components of a personal fall arrest system.
    Connector means a device which is used to couple (connect) parts of 
a personal fall arrest system or parts of a positioning device system 
together. It may be an independent component of

[[Page 76]]

the system, such as a carabiner, or it may be an integral component of 
part of the system (such as a buckle or D-ring sewn into a body belt or 
body harness or a snaphook spliced or sewn to a lanyard or self-
retracting lanyard).
    Deceleration device means any mechanism, such as a rope grab, 
ripstitch lanyard, specially woven lanyard, tearing or deforming 
lanyard, or automatic self-retracting lifeline/lanyard, which serves to 
dissipate a substantial amount of energy during a fall arrest, or 
otherwise limit the energy imposed on an employee during fall arrest.
    Deceleration distance means the additional vertical distance a 
falling employee travels, excluding lifeline elongation and free fall 
distance, before stopping, from the point at which the deceleration 
device begins to operate. It is measured as the distance between the 
location of an employee's body belt or body harness attachment point at 
the moment of activation (at the onset of fall arrest forces) of the 
deceleration device during a fall, and the location of that attachment 
point after the employee comes to a full stop.
    Equivalent means alternative designs, materials, or methods to 
protect against a hazard which the employer can demonstrate will provide 
an equal or greater degree of safety for employees than the method or 
item specified in the standard.
    Free fall means the act of falling before a personal fall arrest 
system begins to apply force to arrest the fall.
    Free fall distance means the vertical displacement of the fall 
arrest attachment point on the employee's body belt or body harness 
between onset of the fall and just before the system begins to apply 
force to arrest the fall. This distance excludes deceleration distance, 
and lifeline/lanyard elongation, but includes any deceleration device 
slide distance or self-retracting lifeline/lanyard extension before the 
device operates and fall arrest forces occur.
    Lanyard means a flexible line of rope, wire rope, or strap which 
generally has a connector at each end for connecting the body belt or 
body harness to a deceleration device, lifeline, or anchorage.
    Lifeline means a component consisting of a flexible line for 
connection to an anchorage at one end to hang vertically (vertical 
lifeline), or for connection to anchorages at both ends to stretch 
horizontally (horizontal lifeline), and which serves as a means for 
connecting other components of a personal fall arrest system to the 
anchorage.
    Lower levels means those areas or surfaces to which an employee can 
fall. Such areas or surfaces include but are not limited to ground 
levels, floors, ramps, tanks, materials, water, excavations, pits, 
vessels, structures, or portions thereof.
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a working level. It consists of an anchorage, 
connectors, body belt or body harness and may include a lanyard, a 
deceleration device, a lifeline, or a suitable combination of these. As 
of January 1, 1998, the use of a body belt for fall arrest is 
prohibited.
    Positioning device system means a body belt or body harness system 
rigged to allow an employee to be supported at an elevated vertical 
surface, such as a wall or window, and to be able to work with both 
hands free while leaning.
    Qualified person means a person who by possession of a recognized 
degree or certificate of professional standing, or who, by extensive 
knowledge, training, and experience, has successfully demonstrated the 
ability to solve or resolve problems related to the subject matter and 
work.
    Restraint (tether) line means a line from an anchorage, or between 
anchorages, to which the employee is secured in such a way as to prevent 
the employee from walking or falling off an elevated work surface. Note: 
A restraint line is not necessarily designed to withstand forces 
resulting from a fall.
    Rope grab means a deceleration device which travels on a lifeline 
and automatically, by friction, engages the lifeline and locks so as to 
arrest the fall of an employee. A rope grab usually employs the 
principle of inertial locking, cam/level locking or both.

[[Page 77]]



Sec. 1915.152   General requirements.

    (a) Provision and use of equipment. The employer shall provide and 
shall ensure that each affected employee uses the appropriate personal 
protective equipment (PPE) for the eyes, face, head, extremities, torso, 
and respiratory system, including protective clothing, protective 
shields, protective barriers, personal fall protection equipment, and 
life saving equipment, meeting the applicable provisions of this 
subpart, wherever employees are exposed to work activity hazards that 
require the use of PPE.
    (b) Hazard assessment and equipment. The employer shall assess its 
work activity to determine whether there are hazards present, or likely 
to be present, which necessitate the employee's use of PPE. If such 
hazards are present, or likely to be present, the employer shall:
    (1) Select the type of PPE that will protect the affected employee 
from the hazards identified in the occupational hazard assessment;
    (2) Communicate selection decisions to affected employees;
    (3) Select PPE that properly fits each affected employee; and
    (4) Verify that the required occupational hazard assessment has been 
performed through a document that contains the following information: 
occupation, the date(s) of the hazard assessment, and the name of the 
person performing the hazard assessment.

    Note 1 to paragraph (b): A hazard assessment conducted according to 
the trade or occupation of affected employees will be considered to 
comply with paragraph (b) of this section, if the assessment addresses 
any PPE-related hazards to which employees are exposed in the course of 
their work activities.
    Note 2 to paragraph (b): Non-mandatory appendix A to this subpart 
contains examples of procedures that will comply with the requirement 
for an occupational hazard assessment.

    (c) Defective and damaged equipment. Defective or damaged PPE shall 
not be used.
    (d) Reissued equipment. The employer shall ensure that all 
unsanitary PPE, including that which has been used by employees, be 
cleaned and disinfected before it is reissued.
    (e) Training. (1) The employer shall provide training to each 
employee who is required, by this section, to use PPE (exception: 
training in the use of personal fall arrest systems and positioning 
device systems training is covered in Secs. 1915.159 and 1915.160). Each 
employee shall be trained to understand at least the following:
    (i) When PPE is necessary;
    (ii) What PPE is necessary;
    (iii) How to properly don, doff, adjust, and wear PPE;
    (iv) The limitations of the PPE; and,
    (v) The proper care, maintenance, useful life and disposal of the 
PPE.
    (2) The employer shall ensure that each effected employee 
demonstrates the ability to use PPE properly before being allowed to 
perform work requiring the use of PPE.
    (3) The employer shall retrain any employee who does not understand 
or display the skills required by paragraph (e)(2) of this section. 
Circumstances where retraining is required include, but are not limited 
to, situations where:
    (i) Changes in occupation or work render previous training obsolete; 
or
    (ii) Changes in the types of PPE to be used render previous training 
obsolete; or
    (iii) Inadequacies in an affected employee's knowledge or use of 
assigned PPE indicate that the employee has not retained the requisite 
understanding or skill.
    (4) The employer shall verify that each affected employee has 
received the required training through a document that contains the 
following information: name of each employee trained, the date(s) of 
training, and type of training the employee received.

[61 FR 26352, May 24, 1996; 61 FR 29957, June 13, 1996]

    Effective Date Note: 1. At 61 FR 26352, May 24, 1996, subpart I was 
revised effective Aug. 22, 1996. Paragraphs (b) and (e) of Sec. 1915.152 
contain information collection and recordkeeping requirements and will 
not become effective until approval has been given by the Office of 
Management and Budget. At 62 FR 33547, June 20, 1997, Sec. 1915.152(b) 
and (e) were made effective July 21, 1997.

    2. At 61 FR 29957, June 13, 1996, paragraph (b) of Sec. 1915.152 was 
corrected. This paragraph contains information collection and 
recordkeeping requirements and will not become

[[Page 78]]

effective until approval has been given by the Office of Management and 
Budget. At 62 FR 33547, June 20, 1997, Sec. 1915.152(b) was made 
effective July 21, 1997.



Sec. 1915.153   Eye and face protection.

    (a) General requirements. (1) The employer shall ensure that each 
affected employee uses appropriate eye or face protection where there 
are exposures to eye or face hazards caused by flying particles, molten 
metal, liquid chemicals, acid or caustic liquids, chemical gases or 
vapors, or potentially injurious light radiation.
    (2) The employer shall ensure that each affected employee uses eye 
or face protection that provides side protection when there is a hazard 
from flying objects. Detachable side protectors (e.g., a clip-on or 
slide-on side shield) meeting the pertinent requirements of this section 
are acceptable.
    (3) The employer shall ensure that each affected employee who wears 
prescription lenses while engaged in operations that involve eye hazards 
wears eye protection that incorporates the prescription in its design, 
unless the employee is protected by eye protection that can be worn over 
prescription lenses without disturbing the proper position of either the 
PPE or the prescription lenses.
    (4) The employer shall ensure that each affected employee uses 
equipment with filter lenses that have a shade number that provides 
appropriate protection from injurious light radiation. Table I-1 is a 
listing of appropriate shade numbers for various operations. If filter 
lenses are used in goggles worn under a helmet which has a lens, the 
shade number of the lens in the helmet may be reduced so that the shade 
numbers of the two lenses will equal the value as shown in Table I-1, 
Sec. 1915.153.

                         Table I-1--Filter Lenses for Protection Against Radiant Energy                         
----------------------------------------------------------------------------------------------------------------
                                                                                                       Minimum  
                Operations                  Electrode size \1/32\ in.           Arc current           protective
                                                                                                        shade   
----------------------------------------------------------------------------------------------------------------
Shielded metal arc welding...............  Less than 3................  Less than..................            7
                                           3-5........................  60.........................            8
                                           5-8........................  60-160.....................           10
                                           More than 8................  160-250....................           11
                                           ...........................  250-550....................  ...........
Gas metal arc welding and flux cored arc   ...........................  Less than..................            7
 welding.                                                                                                       
                                           ...........................  60.........................           10
                                           ...........................  60-160.....................           10
                                           ...........................  160-250....................           10
                                           ...........................  250-500....................  ...........
Gas Tungsten arc welding.................  ...........................  Less than..................            8
                                           ...........................  50.........................            8
                                           ...........................  50-150.....................           10
                                           ...........................  150-500....................  ...........
Air carbon...............................  (Light)....................  Less than..................           10
Arc cutting..............................  (Heavy)....................  500........................           11
                                                                        500-1000...................  ...........
Plasma arc welding.......................  ...........................  Less than..................            6
                                           ...........................  20.........................            8
                                           ...........................  20-........................           10
                                           ...........................  100........................           11
                                           ...........................  100-.......................  ...........
                                           ...........................  400........................  ...........
                                           ...........................  400-.......................  ...........
                                           ...........................  800........................  ...........
Plasma arc cutting.......................  (light)**..................  Less than 300..............            8
                                           (medium)**.................  300-400....................            9
                                           (heavy)**..................  400-800....................           10
Torch brazing............................  ...........................  ...........................            3
Torch soldering..........................  ...........................  ...........................            2
Carbon Arc welding.......................  ...........................  ...........................          14 
----------------------------------------------------------------------------------------------------------------
** These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden  
  by the workpiece.                                                                                             


[[Page 79]]


                               Filter Lenses for Protection Against Radiant Energy                              
----------------------------------------------------------------------------------------------------------------
                                                                                                       Minimum* 
                Operations                   Plate thickness-- inches       Plate thickness-- mm      protective
                                                                                                        shade   
----------------------------------------------------------------------------------------------------------------
Gas welding:                                                                                                    
    Light................................  Under \1/8\................  Under 3.2..................            4
    Medium...............................  \1/8\ to \1/2\.............  3.2 to 12.7................            5
    Heavy................................  Over \1/2\.................  Over 12.7..................            6
Oxygen cutting                                                                                                  
    Light................................  Under 1....................  Under 25...................            3
    Medium...............................  1 to 6.....................  25 to 150..................            4
    Heavy................................  Over 6.....................  Over 150...................           5 
----------------------------------------------------------------------------------------------------------------
* As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which
  gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting     
  where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or 
  sodium line in the visible light of the (spectrum) operation.                                                 

    (b) Criteria for protective eye and face devices. (1) Protective eye 
and face devices purchased after May 20, 1982, shall comply with the 
American National Standards Institute, ANSI Z87.1-1989, ``Practice for 
Occupational and Educational Eye and Face Protection,'' which is 
incorporated by reference as specified in Sec. 1915.5, or shall be 
demonstrated by the employer to be equally effective.
    (2) Eye and face protective devices purchased before May 20, 1982, 
shall comply with ``American National Standard Practice for Occupational 
and Educational Eye and Face Protection, Z87.1 -1979,'' which is 
incorporated by reference as specified in Sec. 1915.5, or shall be 
demonstrated by the employer to be equally effective.



Sec. 1915.154  Respiratory protection.

    Respiratory protection for shipyard employment is covered by 29 CFR 
1910.134.



Sec. 1915.155  Head protection.

    (a) Use. (1) The employer shall ensure that each affected employee 
wears a protective helmet when working in areas where there is a 
potential for injury to the head from falling objects.
    (2) The employer shall ensure that each affected employee wears a 
protective helmet designed to reduce electrical shock hazards where 
there is potential for electric shock or burns due to contact with 
exposed electrical conductors which could contact the head.
    (b) Criteria for protective helmets. (1) Protective helmets 
purchased after August 22, 1996, shall comply with ANSI Z89.l-1986, 
``Personnel Protection--Protective Headwear for Industrial Workers-
Requirements,'' which is incorporated by reference, as specified in 
Sec. 1915.5, or shall be demonstrated by the employer to be equally 
effective.
    (2) Protective helmets purchased before August 22, 1996, shall 
comply with the ``American National Standard Safety Requirements for 
Industrial Head Protection, Z89.1-1969,'' which is incorporated by 
reference as specified in 1915.5, or shall be demonstrated by the 
employer to be equally effective.



Sec. 1915.156  Foot protection.

    (a) Use. The employer shall ensure that each affected employee wears 
protective footwear when working in areas where there is a danger of 
foot injuries due to falling or rolling objects or objects piercing the 
sole.
    (b) Criteria for protective footwear. (1) Protective footwear 
purchased after August 22, 1996, shall comply with ANSI Z41-1991, 
``American National Standard for Personal Protection-Protective 
Footwear,'' which is incorporated by reference, as specified in 
Sec. 1915.5, or shall be demonstrated by the employer to be equally as 
effective.
    (2) Protective footwear purchased before August 22, 1996, shall 
comply with the ``American National Standard for Personal Protection- 
Protective Footwear Z41-1983,'' which is incorporated by reference, as 
specified in Sec. 1915.5, or shall be demonstrated by the employer to be 
equally effective.



Sec. 1915.157  Hand and body protection.

    (a) Use. The employer shall ensure that each affected employee uses 
appropriate hand protection and other

[[Page 80]]

protective clothing where there is exposure to hazards such as skin 
absorption of harmful substances, severe cuts or lacerations, severe 
abrasions, punctures, chemical burns, thermal burns, harmful temperature 
extremes, and sharp objects.
    (b) Hot work operations. The employer shall ensure that no employee 
wears clothing impregnated or covered in full or in part with flammable 
or combustible materials (such as grease or oil) while engaged in hot 
work operations or working near an ignition source.
    (c) Electrical protective devices. The employer shall ensure that 
each affected employee wears protective electrical insulating gloves and 
sleeves or other electrical protective equipment, if that employee is 
exposed to electrical shock hazards while working on electrical 
equipment.



Sec. 1915.158  Lifesaving equipment.

    (a) Personal flotation devices. (1) Personal flotation devices (PFD) 
(life preservers, life jackets and work vests) worn by each affected 
employee shall be any United States Coast Guard (USCG) approved and 
marked Type I PFD, Type II PFD, or Type III PFD; or PFDs shall be a USCG 
approved Type V PFD which is marked for use as a work vest, for 
commercial use, or for use on vessels. USCG approval is pursuant to 46 
CFR part 160, subpart Q, Coast Guard Lifesaving Equipment 
Specifications.
    (2) Prior to each use, personal floatation devices shall be 
inspected for dry rot, chemical damage, or other defects which may 
affect their strength and buoyancy. Defective personal floatation 
devices shall not be used.
    (b) Ring life buoys and ladders. (1) When work is being performed on 
a floating vessel 200 feet (61 m) or more in length, at least three 30-
inch (0.76 m) U.S. Coast Guard approved ring life buoys with lines 
attached shall be located in readily visible and accessible places. Ring 
life buoys shall be located one forward, one aft, and one at the access 
to the gangway.
    (2) On floating vessels under 200 feet (61 m) in length, at least 
one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with line 
attached shall be located at the gangway.
    (3) At least one 30-inch (0.76 m) U. S. Coast Guard approved ring 
life buoy with a line attached shall be located on each staging 
alongside of a floating vessel on which work is being performed.
    (4) At least 90 feet (27 m) of line shall be attached to each ring 
life buoy.
    (5) There shall be at least one portable or permanent ladder in the 
vicinity of each floating vessel on which work is being performed. The 
ladder shall be of sufficient length to assist employees to reach safety 
in the event they fall into the water.



Sec. 1915.159  Personal fall arrest systems (PFAS).

    The criteria of this section apply to PFAS and their use. Effective 
January 1, 1998, body belts and non-locking snaphooks are not acceptable 
as part of a personal fall arrest system.
    (a) Criteria for connectors and anchorages. (1) Connectors shall be 
made of drop forged, pressed, or formed steel or shall be made of 
materials with equivalent strength.
    (2) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to the interfacing 
parts of the system.
    (3) D-rings and snaphooks shall be capable of sustaining a minimum 
tensile load of 5,000 pounds (22.2 Kn).
    (4) D-rings and snaphooks shall be proof-tested to a minimum tensile 
load of 3,600 pounds (16 Kn) without cracking, breaking, or being 
permanently deformed.
    (5) Snaphooks shall be sized to be compatible with the member to 
which they are connected to prevent unintentional disengagement of the 
snaphook caused by depression of the snaphook keeper by the connected 
member, or shall be of a locking type that is designed and used to 
prevent disengagement of the snap-hook by contact of the snaphook keeper 
by the connected member.
    (6) Snaphooks, unless of a locking type designed and used to prevent 
disengagement from the following connections, shall not be engaged:
    (i) Directly to webbing, rope or wire rope;
    (ii) To each other;

[[Page 81]]

    (iii) To a D-ring to which another snaphook or other connector is 
attached;
    (iv) To a horizontal lifeline; or
    (v) To any object that is incompatibly shaped or dimensioned in 
relation to the snaphook such that unintentional disengagement could 
occur by the connected object being able to depress the snaphook keeper 
and release itself.
    (7) On suspended scaffolds or similar work platforms with horizontal 
lifelines that may become vertical lifelines, the devices used for 
connection to the horizontal lifeline shall be capable of locking in any 
direction on the lifeline.
    (8) Anchorages used for attachment of personal fall arrest equipment 
shall be independent of any anchorage being used to support or suspend 
platforms.
    (9) Anchorages shall be capable of supporting at least 5,000 pounds 
(22.2 Kn) per employee attached, or shall be designed, installed, and 
used as follows:
    (i) As part of a complete personal fall arrest system which 
maintains a safety factor of at least two; and
    (ii) Under the direction and supervision of a qualified person.
    (b) Criteria for lifelines, lanyards, and personal fall arrest 
systems. (1) When vertical lifelines are used, each employee shall be 
provided with a separate lifeline.
    (2) Vertical lifelines and lanyards shall have a minimum tensile 
strength of 5,000 pounds (22.2 Kn).
    (3) Self-retracting lifelines and lanyards that automatically limit 
free fall distances to 2 feet (0.61 m) or less shall be capable of 
sustaining a minimum tensile load of 3000 pounds (13.3 Kn) applied to a 
self-retracting lifeline or lanyard with the lifeline or lanyard in the 
fully extended position.
    (4) Self-retracting lifelines and lanyards which do not limit free 
fall distance to 2 feet (0.61 m) or less, ripstitch lanyards and tearing 
and deforming lanyards shall be capable of sustaining a minimum static 
tensile load of 5,000 pounds (22.2 Kn) applied to the device when they 
are in the fully extended position.
    (5) Horizontal lifelines shall be designed, installed, and used 
under the supervision of a qualified person, and shall only be used as 
part of a complete personal fall arrest system that maintains a safety 
factor of at least two.
    (6) Effective November 20, 1996, personal fall arrest systems shall:
    (i) Limit the maximum arresting force on a falling employee to 900 
pounds (4 Kn) when used with a body belt;
    (ii) Limit the maximum arresting force on a falling employee to 
1,800 pounds (8 Kn) when used with a body harness;
    (iii) Bring a falling employee to a complete stop and limit the 
maximum deceleration distance an employee travels to 3.5 feet (1.07 m), 
and
    (iv) Have sufficient strength to withstand twice the potential 
impact energy of an employee free falling a distance of 6 feet (1.8 m), 
or the free fall distance permitted by the system, whichever is less;

    Note to paragraph (b)(6) of this section: A personal fall arrest 
system which meets the criteria and protocols contained in appendix B, 
is considered to comply with paragraph (b)(6). If the combined tool and 
body weight is 310 pounds (140 kg) or more, systems that meet the 
criteria and protocols contained in appendix B will be deemed to comply 
with the provisions of paragraphs (b)(6) only if they are modified 
appropriately to provide protection for the extra weight of the employee 
and tools.

    (7) Personal fall arrest systems shall be rigged such that an 
employee can neither free fall more than 6 feet (1.8 m) nor contact any 
lower level.
    (c) Criteria for selection, use and care of systems and system 
components. (1) Lanyards shall be attached to employees using personal 
fall arrest systems, as follows:
    (i) The attachment point of a body harness shall be located in the 
center of the wearer's back near the shoulder level, or above the 
wearer's head. If the free fall distance is limited to less than 20 
inches, the attachment point may be located in the chest position; and
    (ii) The attachment point of a body belt shall be located in the 
center of the wearer's back.
    (2) Ropes and straps (webbing) used in lanyards, lifelines and 
strength components of body belts and body harnesses shall be made from 
synthetic fibers or wire rope.

[[Page 82]]

    (3) Ropes, belts, harnesses, and lanyards shall be compatible with 
their hardware.
    (4) Lifelines and lanyards shall be protected against cuts, 
abrasions, burns from hot work operations and deterioration by acids, 
solvents, and other chemicals.
    (5) Personal fall arrest systems shall be inspected prior to each 
use for mildew, wear, damage, and other deterioration. Defective 
components shall be removed from service.
    (6) Personal fall arrest systems and components subjected to impact 
loading shall be immediately removed from service and shall not be used 
again for employee protection until inspected and determined by a 
qualified person to be undamaged and suitable for reuse.
    (7) The employer shall provide for prompt rescue of employees in the 
event of a fall or shall ensure that employees are able to rescue 
themselves.
    (8) Body belts shall be at least one and five eighths inches (4.1 
cm) wide.
    (9) Personal fall arrest systems and components shall be used only 
for employee fall protection and not to hoist materials.
    (d) Training. Before using personal fall arrest equipment, each 
affected employee shall be trained to understand the application limits 
of the equipment and proper hook-up, anchoring, and tie-off techniques. 
Affected employees shall also be trained so that they can demonstrate 
the proper use, inspection, and storage of their equipment.

    Effective Date Note:  At 61 FR 26352, May 24, 1996, subpart I was 
revised effective Aug. 22, 1996. Paragraph (d) of Sec. 1915.159 contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget. At 62 FR 33547, June 20, 1997, Sec. 1915.159(d) 
was made effective July 21, 1997.



Sec. 1915.160  Positioning device systems.

    Positioning device systems and their use shall conform to the 
following provisions:
    (a) Criteria for connectors and anchorages. (1) Connectors shall 
have a corrosion-resistant finish, and all surfaces and edges shall be 
smooth to prevent damage to interfacing parts of this system.
    (2) Connecting assemblies shall have a minimum tensile strength of 
5,000 pounds (22.2 Kn).
    (3) Positioning device systems shall be secured to an anchorage 
capable of supporting at least twice the potential impact load of an 
employee's fall.
    (4) Snaphooks, unless each is of a locking type designed and used to 
prevent disengagement, shall not be connected to each other. As of 
January 1, 1998, only locking type snaphooks shall be used in 
positioning device systems.
    (b) Criteria for positioning device systems. (1) Restraint (tether) 
lines shall have a minimum breaking strength of 3,000 pounds (13.3 Kn).
    (2) The following system performance criteria for positioning device 
systems are effective November 20, 1996:
    (i) A window cleaner's positioning system shall be capable of 
withstanding without failure a drop test consisting of a 6 foot (1.83 m) 
drop of a 250 pound (113 kg) weight. The system shall limit the initial 
arresting force to not more than 2,000 pounds (8.89 Kn), with a duration 
not to exceed 2 milliseconds. The system shall limit any subsequent 
arresting forces imposed on the falling employee to not more than 1,000 
pounds (4.45 Kn);
    (ii) All other positioning device systems shall be capable of 
withstanding without failure a drop test consisting of a 4- foot (1.2 m) 
drop of a 250-pound (113 kg) weight.

    Note to paragraph (b)(2) of this section: Positioning device systems 
which comply with the provisions of section 2 of non-mandatory appendix 
B to this subpart shall be deemed to meet the requirements of this 
paragraph (b)(2).

    (c) Criteria for the use and care of positioning device systems. (1) 
Positioning device systems shall be inspected before each use for 
mildew, wear, damage, and other deterioration. Defective components 
shall be removed from service.
    (2) A positioning device system or component subjected to impact 
loading shall be immediately removed from service and shall not be used 
again for employee protection, unless inspected and determined by a 
qualified person to be undamaged and suitable for reuse.
    (d) Training. Before using a positioning device system, employees 
shall be

[[Page 83]]

trained in the application limits, proper hook-up, anchoring and tie-off 
techniques, methods of use, inspection, and storage of positioning 
device systems.

    Effective Date Note:  At 61 FR 26352, May 24, 1996, subpart I was 
revised effective Aug. 22, 1996. Paragraph (d) of Sec. 1915.160 contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget. At 62 FR 33547, June 20, 1997, Sec. 1915.160(d) 
was made effective July 21, 1997.

Appendix A to Subpart I--Non-Mandatory Guidelines for Hazard Assessment, 
 Personal Protective Equipment (PPE) Selection, and PPE Training Program

    This appendix is intended to provide compliance assistance for 
hazard assessment, selection of personal protective equipment (PPE) and 
PPE training. It neither adds to or detracts from the employer's 
responsibility to comply with the provisions of this subpart.
    1. Controlling hazards. Employers and employees should not rely 
exclusively on PPE for protection from hazards. PPE should be used, 
where appropriate, in conjunction with engineering controls, guards, and 
safe work practices and procedures.
    2. Assessment and selection. Employers need to consider certain 
general guidelines for assessing the hazardous situations that are 
likely to arise under foreseeable work activity conditions and to match 
employee PPE to the identified hazards. The employer should designate a 
safety officer or some other qualified person to exercise common sense 
and appropriate expertise to assess work activity hazards and select 
PPE.
    3. Assessment guidelines. In order to assess the need for PPE the 
following steps should be taken:
    a. Survey. Conduct a walk-through survey of the area in question to 
identify sources of hazards.
    Categories for Consideration:

(1) Impact
(2) Penetration
(3) Compression (roll-over)
(4) Chemical
(5) Heat
(6) Harmful dust
(7) Light (optical) radiation
(8) Drowning
(9) Falling

    b. Sources. During the walk-through survey the safety officer should 
observe:
    (1) Sources of motion; for example, machinery or processes where any 
movement of tools, machine elements or particles could exist, or 
movement of personnel that could result in collision with stationary 
objects.
    (2) Sources of high temperatures that could result in burns, eye 
injury or ignition of protective equipment.
    (3) Types of chemical exposures.
    (4) Sources of harmful dust.
    (5) Sources of light radiation, for instance, welding, brazing, 
cutting, heat treating, furnaces, and high intensity lights.
    (6) Sources of falling objects or potential for dropping objects.
    (7) Sources of sharp objects which might pierce or cut the hands.
    (8) Sources of rolling or pinching objects which could crush the 
feet.
    (9) Layout of work place and location of co-workers.
    (10) Any electrical hazards.
    (11) Review injury/accident data to help identify problem areas.
    Organize data. Following the walk-through survey, it is necessary to 
organize the data and other information obtained. That material provides 
the basis for hazard assessment that enables the employer to select the 
appropriate PPE.
    d. Analyze data. Having gathered and organized data regarding a 
particular occupation, employers need to estimate the potential for 
injuries. Each of the identified hazards (see paragraph 3.a.) should be 
reviewed and classified as to its type, the level of risk, and the 
seriousness of any potential injury. Where it is foreseeable that an 
employee could be exposed to several hazards simultaneously, the 
consequences of such exposure should be considered.
    4. Selection guidelines. After completion of the procedures in 
paragraph 3, the general procedure for selection of protective equipment 
is to:
    (a) become familiar with the potential hazards and the types of 
protective equipment that are available, and what they can do; for 
example, splash protection, and impact protection;
    (b) compare the hazards associated with the environment; for 
instance, impact velocities, masses, projectile shapes, radiation 
intensities, with the capabilities of the available protective 
equipment;
    (c) select the protective equipment which ensures a level of 
protection greater than the minimum required to protect employees from 
the hazards; and
    (d) fit the user with the protective device and give instructions on 
care and use of the PPE. It is very important that users be made aware 
of all warning labels and limitations of their PPE.
    5. Fitting the device. Careful consideration must be given to 
comfort and fit. The employee will be most likely to wear the protective 
device if it fits comfortably. PPE that does not fit properly may not 
provide the necessary protection, and may create

[[Page 84]]

other problems for wearers. Generally, protective devices are available 
in a variety of sizes and choices. Therefore employers should be careful 
to select the appropriate sized PPE.
    6. Devices with adjustable features. (a) Adjustments should be made 
on an individual basis so the wearer will have a comfortable fit that 
maintains the protective device in the proper position. Particular care 
should be taken in fitting devices for eye protection against dust and 
chemical splash to ensure that the seal is appropriate for the face.
    (b) In addition, proper fitting of hard hats is important to ensure 
that the hard hat will not fall off during work operations. In some 
cases a chin strap may be necessary to keep the hard hat on an 
employee's head. (Chin straps should break at a reasonably low force to 
prevent a strangulation hazard). Where manufacturer's instructions are 
available, they should be followed carefully.
    7. Reassessment of hazards. Compliance with the hazard assessment 
requirements of Sec. 1915.152(b) will involve the reassessment of work 
activities where changing circumstances make it necessary. a. The 
employer should have a safety officer or other qualified person reassess 
the hazards of the work activity area as necessary. This reassessment 
should take into account changes in the workplace or work practices, 
such as those associated with the installation of new equipment, and the 
lessons learned from reviewing accident records, and a reevaluation 
performed to determine the suitability of PPE selected for use.
    8. Selection chart guidelines for eye and face protection. Examples 
of occupations for which eye protection should be routinely considered 
are carpenters, engineers, coppersmiths, instrument technicians, 
insulators, electricians, machinists, mobile equipment mechanics and 
repairers, plumbers and ship fitters, sheet metal workers and tinsmiths, 
grinding equipment operators, machine operators, welders, boiler 
workers, painters, laborers, grit blasters, ship fitters and burners. 
This is not a complete list of occupations that require the use of eye 
protection. The following chart provides general guidance for the proper 
selection of eye and face protection to protect against hazards 
associated with the listed hazard ``source'' operations.

[[Page 85]]


                                     Eye and Face Protection Selection Chart                                    
----------------------------------------------------------------------------------------------------------------
                 Source                        Assessment of hazard                     Protection              
----------------------------------------------------------------------------------------------------------------
Impact:                                                                                                         
    Chipping, grinding machining,         Flying fragments, objects,     Spectacles with side protection,       
     masonry work, woodworking, sawing,    large chips, particles,        goggles, face shields. See notes (1), 
     drilling, chiseling, powered          sand, dirt, etc.               (3), (5), (6), (10). For severe       
     fastening, riveting, and sanding.                                    exposure, use face shield.            
Heat:                                                                                                           
    Furnace operations, pouring,          Hot sparks...................  Face shields, goggles, spectacles with 
     casting, hot dipping, and welding.                                   side protection. For severe exposure  
                                                                          use face shield. See notes (1), (2),  
                                                                          (3).                                  
                                          Splash from molten metals....  Face shields worn over goggles. See    
                                                                          notes (1), (2), (3).                  
                                          High temperature exposure....  Screen face shields, reflective face   
                                                                          shields. See notes (1), (2), (3).     
Chemicals:                                                                                                      
    Acid and chemicals handling,          Splash.......................  Goggles, eyecup and cover types. For   
     degreasing, plating.                                                 severe exposure, use face shield. See 
                                                                          notes (3), (11).                      
                                          Irritating mists.............  Special-purpose goggles.               
Dust:                                                                                                           
    Woodworking, buffing, general dusty   Nuisance dust................  Goggles, eyecup and cover types. See   
     conditions.                                                          note (8).                             
Light and/or Radiation:                                                                                         
    Welding: Electric arc...............  Optical radiation............  Welding helmets or welding shields.    
                                                                          Typical shades: 10-14. See notes (9), 
                                                                          (12).                                 
    Welding: Gas........................  Optical radiation............  Welding goggles or welding face shield.
                                                                          Typical shades: gas welding 4-8,      
                                                                          cutting 3-6, brazing 3-4. See note    
                                                                          (9).                                  
    Cutting, Torch brazing, Torch         Optical radiation............  Spectacles or welding face-shield.     
     soldering.                                                           Typical shades, 1.5-3. See notes (3), 
                                                                          (9).                                  
    Glare...............................  Poor vision..................  Spectacles with shaded or special-     
                                                                          purpose lenses, as suitable. See notes
                                                                          (9), (10).                            
----------------------------------------------------------------------------------------------------------------


[[Page 86]]

            Notes to Eye and Face Protection Selection Chart

    (a) Care should be taken to recognize the possibility of multiple 
and simultaneous exposure to a variety of hazards. Adequate protection 
against the highest level of each of the hazards should be provided. 
Protective devices do not provide unlimited protection.
    (b) Operations involving heat may also involve light radiation. As 
required by the standard, protection from both hazards must be provided.
    (c) Face shields should only be worn over primary eye protection 
(spectacles or goggles).
    (d) As required by the standard, filter lenses must meet the 
requirements for shade designations in Sec. 1915.153(a)(4). Tinted and 
shaded lenses are not filter lenses unless they are marked or identified 
as such.
    (e) As required by the standard, persons whose vision requires the 
use of prescription (Rx) lenses must wear either protective devices 
fitted with prescription (Rx) lenses or protective devices designed to 
be worn over regular prescription (Rx) eye wear.
    (f) Wearers of contact lenses must also wear appropriate eye and 
face protection devices in a hazardous environment. It should be 
recognized that dusty and/or chemical environments may represent an 
additional hazard to contact lens wearers.
    (g) Caution should be exercised in the use of metal frame protective 
devices in electrical hazard areas.
    (h) Atmospheric conditions and the restricted ventilation of the 
protector can cause lenses to fog. Frequent cleansing may be necessary.
    (i) Welding helmets or face shields should be used only over primary 
eye protection (spectacles or goggles).
    (j) Non-side shield spectacles are available for frontal protection 
only, but are not acceptable eye protection for the sources and 
operations listed for ``impact.''
    (k) Ventilation should be adequate, but well protected from splash 
entry. Eye and face protection should be designed and used so that it 
provides both adequate ventilation and protects the wearer from splash 
entry.
    (l) Protection from light radiation is directly related to filter 
lens density. See note (d). Select the darkest shade that allows task 
performance.
    9. Selection guidelines for head protection. (a) Hard hats are 
designed to provide protection from impact and penetration hazards 
caused by falling objects. Head protection is also available which 
provides protection from electric shock and burn. When selecting head 
protection, knowledge of potential electrical hazards is important. 
Class A helmets, in addition to impact and penetration resistance, 
provide electrical protection from low-voltage conductors. (They are 
proof tested to 2,200 volts.) Class B helmets, in addition to impact and 
penetration resistance, provide electrical protection from high-voltage 
conductors. (They are proof tested to 20,000 volts.) Class C helmets 
provide impact and penetration resistance. (They are usually made of 
aluminum, which conducts electricity and should not be used around 
electrical hazards.)
    (b) Where falling object hazards are present, head protection must 
be worn. Some examples of exposure include: working below other workers 
who are using tools and materials which could fall; working around or 
under conveyor belts which are carrying parts or materials; working 
below machinery or processes which might cause material or objects to 
fall; and working on exposed energized conductors.
    (c) Examples of occupations for which head protection should be 
considered are: carpenters, electricians, machinists, boilermakers, 
erectors, plumbers, coppersmiths, ship fitters, welders, laborers and 
material handlers.
    10. Selection guidelines for foot protection. (a) Safety shoes and 
boots must meet ANSI Z41-1991 and provide impact and compression 
protection to the foot. Where necessary, safety shoes can be obtained 
which provide puncture protection. In some work situations, metatarsal 
protection should be provided, and in some other special situations 
electrical conductive or insulating safety shoes would be appropriate.
    (b) Safety shoes or boots with impact protection would be required 
for carrying or handling materials such as packages, objects, parts or 
heavy tools, which could be dropped, and for other activities where 
objects might fall onto the feet. Safety shoes or boots with compression 
protection would be required for work activities involving skid trucks 
(manual material handling carts) around bulk rolls (such as paper rolls) 
and around heavy pipes, all of which could potentially roll over an 
employees' feet. Safety shoes or boots with puncture protection would be 
required where sharp objects such as nails, wire, tacks, screws, large 
staples, scrap metal etc., could be stepped on by employees, causing an 
injury.
    (c) Some occupations (not a complete list) for which foot protection 
should be routinely considered are: shipping and receiving clerks, stock 
clerks, carpenters, electricians, machinists, boiler makers, plumbers, 
copper smiths, pipe fitters, ship fitters, burners, chippers and 
grinders, erectors, press operators, welders, laborers, and material 
handlers.
    11. Selection guidelines for hand protection. (a) Gloves are often 
relied upon to prevent cuts, abrasions, burns, and skin contact with 
chemicals that are capable of causing local or systemic effects 
following dermal exposure. OSHA is unaware of any gloves that

[[Page 87]]

provide protection against all potential hand hazards, and commonly 
available glove materials provide only limited protection against many 
chemicals. Therefore, it is important to select the most appropriate 
glove for a particular application and to determine how long it can be 
worn, and whether it can be reused.
    (b) It is also important to know the performance characteristics of 
gloves relative to the specific hazard anticipated, e.g., chemical 
hazards, cut hazards, and flame hazards. These performance 
characteristics should be assessed by using standard test procedures. 
Before purchasing gloves, the employer should request documentation from 
the manufacturer that the gloves meet the appropriate test standard(s) 
for the hazard(s) anticipated.
    (c) other general factors to be considered for glove selection are:
    (A) As long as the performance characteristics are acceptable, in 
certain circumstances, it may be more cost effective to regularly change 
cheaper gloves than to reuse more expensive types; and,
    (B) The work activities of the employee should be studied to 
determine the degree of dexterity required, the duration, frequency, and 
degree of exposure to the hazard, and the physical stresses that will be 
applied.
    (d) With respect to selection of gloves for protection against 
chemical hazards:
    (A) The toxic properties of the chemical(s) must be determined; in 
particular, the ability of the chemical to cause local effects on the 
skin or to pass through the skin and cause systemic effects or both;
    (B) Generally, any ``chemical resistant'' glove can be used for dry 
powders;
    (C) For mixtures and formulated products (unless specific test data 
are available), a glove should be selected on the basis of the chemical 
component with the shortest breakthrough time, since it is possible for 
solvents to carry active ingredients through polymeric materials; and,
    (D) Employees must be able to remove the gloves in such a manner as 
to prevent skin contamination.
    12. Cleaning and maintenance. (a) It is important that all PPE be 
kept clean and be properly maintained. Cleaning is particularly 
important for eye and face protection where dirty or fogged lenses could 
impair vision.
    (b) For the purposes of compliance, PPE should be inspected, 
cleaned, and maintained at regular intervals so that the PPE provides 
the requisite protection.
    (c) It is important to ensure that contaminated PPE which cannot be 
decontaminated is disposed of in a manner that protects employees from 
exposure to hazards.
    13. Examples of work activities, trades and selection of basic PPE.
    xample 1: Welder. Based on an assessment of the work activity area 
hazards to which welders are exposed, the equipment listed below is the 
basic PPE required for this occupation. This does not take into account 
a job location in which additional PPE may be required, such as where 
the welder works from an elevated platform without guard rails. In this 
situation the welder must also wear the proper fall protection 
equipment, such as a body harness.

--Hard hat
--Welding Shield (Face)
--Welding Gloves
--Safety Glasses
--Safety Shoes
--Welding Sleeves (welding in the overhead position)
(Signed and dated)

    Example 2: Yard Maintenance Worker. Based on an assessment of the 
workplace hazards to which shipyard maintenance workers are exposed, the 
equipment listed below is the basic PPE required for this occupation. 
Where maintenance workers are exposed to other hazards, such as 
asbestos, the insulation on a pipe is being repaired, maintenance 
workers must be provided with the appropriate supplemental PPE 
(requirements for asbestos PPE are set out in 1915.1001).

--Hard Hat
--Safety Glasses
--Work Gloves
--Safety Shoes
(Signed and Dated)

    Example 3: Chipper and Grinder Worker. Based on an assessment of the 
workplace hazards to which shipyard chipper and grinder workers are 
exposed, the equipment listed below is the basic PPE required for this 
occupation. Where workers are exposed to other hazards, such as 
hazardous dust from chipping or grinding operations, chipper and grinder 
workers must be provided with the appropriate supplemental PPE.

--Safety Glasses
--Transparent Face Shields
--Hearing Protection
--Foot Protection
--Gloves
(Signed and Dated)

    Example 4: Painter. Based on an assessment of the workplace hazards 
to which shipyard painters are exposed, the equipment listed below is 
the basic PPE required for this occupation. Where painters are exposed 
to other hazards, such as a fall from an elevation where no guardrails 
are present, painters must be provided with the appropriate supplemental 
PPE.

--Hard Hats
--Safety Glasses
--Disposable Clothing
--Gloves

[[Page 88]]

--Respiratory Protection, including Airline Respirators when working in 
Confined Spaces
--Barrier Creams
(Signed and Dated)

    Example 5: Tank Cleaner. Tank cleaning operations and the basic PPE 
required for them depend largely upon the type of cargo shipped in the 
tank. Therefore, the following example is given for a tank in which 
gasoline has been shipped. Based on an assessment of the workplace 
hazards to which shipyard tank cleaners are exposed, specifically 
benzene and flammability hazards, the equipment listed below is the 
basic PPE required for this situation. Other tank cleaning operations 
will require variations in the PPE listed below.

--Respiratory Protection, Airline Respirators for working in confined 
spaces or where personal exposure limits could be exceeded.
--Chemically resistant clothing
--Face Shields
--Chemically resistant boots
--Chemically resistant gloves
--Fall Protection
--Non sparking tools and equipment
--Explosion-proof Lighting
(Signed and Dated)

   Appendix B to Subpart I--General Testing Conditions and Additional 
     Guidelines for Personal Fall Protection Systems (Non-mandatory)

    1. Personal fall arrest systems--(a) General test conditions. (1) 
Lifelines, lanyards, and deceleration devices should be attached to an 
anchorage and connected to the body-belt or body harness in the same 
manner as they would be when used to protect employees, except that 
lanyards should be tested only when connected directly to the anchorage, 
and not when connected to a lifeline.
    (2) The anchorage should be rigid, and should not have a deflection 
greater than .04 inches (1 cm) when a force of 2,250 pounds (10 Kn) is 
applied.
    (3) The frequency response of the load measuring instrumentation 
should be 100 Hz.
    (4) The test weight used in the strength and force tests should be a 
rigid, metal cylindrical or torso-shaped object with a girth of 38 
inches plus or minus 4 inches (96.5 cm plus or minus 10 cm).
    (5) The lanyard or lifeline used to create the free fall distance 
should be the one supplied with the system, or in its absence, the least 
elastic lanyard or lifeline available to be used by the employee with 
the system.
    (6) The test weight for each test should be hoisted to the required 
level and should be quickly released without having any appreciable 
motion imparted to it.
    (7) The system's performance should be evaluated, taking into 
account the range of environmental conditions for which it is designed 
to be used.
    (8) Following the test, the system need not be capable of further 
operation.
    (b) Strength test. (1) During the testing of all systems, a test 
weight of 300 pounds plus or minus 5 pounds (136 kg plus or minus 2.27 
kg) should be used. (See paragraph (a)(4) above.)
    (2) The test consists of dropping the test weight once. A new unused 
system should be used for each test.
    (3) For lanyard systems, the lanyard length should be 6 feet plus or 
minus 2 inches (1.83 m plus or minus 5 cm) as measured from the fixed 
anchorage to the attachment on the body belt or harness.
    (4) For rope-grab-type deceleration systems, the length of the 
lifeline above the center line of the grabbing mechanism to the 
lifeline's anchorage point should not exceed 2 feet (0.61 m).
    (5) For lanyard systems, for systems with deceleration devices which 
do not automatically limit free fall distance to 2 feet (0.61 m) or 
less, and for systems with deceleration devices which have a connection 
distance in excess of 1 foot (0.3 m) (measured between the centerline of 
the lifeline and the attachment point to the body belt or harness), the 
test weight should be rigged to free fall a distance of 7.5 feet (2.3 m) 
from a point that is 1.5 feet (46 cm) above the anchorage point, to its 
hanging location (6 feet (1.83 m) below the anchorage). The test weight 
should fall without interference, obstruction, or hitting the floor or 
the ground during the test. In some cases, a non-elastic wire lanyard of 
sufficient length may need to be added to the system (for test purposes) 
to create the necessary free fall distance.
    (6) For deceleration device systems with integral lifelines or 
lanyards which automatically limit free fall distance to 2 feet (0.61 m) 
or less, the test weight should be rigged to free fall a distance of 
four feet (1.22 m).
    (7) Any weight which detaches from the belt or harness should 
constitute failure for the strength test.
    (c) Force test general. The test consists of dropping the respective 
test weight once. A new, unused system should be used for each test.
    (1) For lanyard systems. (i) A test weight of 220 pounds plus or 
minus three pounds (100 kg plus or minus 1.6 kg) should be used (see 
paragraph (a)(4) above).
    (ii) Lanyard length should be 6 feet plus or minus 2 inches (1.83 m 
plus or minus 5 cm) as measured from the fixed anchorage to the 
attachment on the body belt or body harness.
    (iii) The test weight should fall free from the anchorage level to 
its handling location (a total of 6 feet (1.83 m) free fall distance)

[[Page 89]]

without interference, obstruction, or hitting the floor or ground during 
the test.
    (2) For all other systems. (i) A test weight of 220 pounds plus or 
minus 3 pounds (100 kg plus or minus 1.6 kg) should be used (see 
paragraph (a)(4) above).
    (ii) The free fall distance to be used in the test should be the 
maximum fall distance physically permitted by the system during normal 
use conditions, up to a maximum free fall distance for the test weight 
of 6 feet (1.83 m), except as follows:
    (A) For deceleration systems which have a connection link or 
lanyard, the test weight should free fall a distance equal to the 
connection distance (measured between the center line of the lifeline 
and the attachment point to the body belt or harness).
    (B) For deceleration device systems with integral life lines or 
lanyards which automatically limit free fall distance to 2 feet (0.61 m) 
or less, the test weight should free fall a distance equal to that 
permitted by the system in normal use. (For example, to test a system 
with a self-retracting lifeline or lanyard, the test weight should be 
supported and the system allowed to retract the lifeline or lanyard as 
it would in normal use. The test weight would then be released and the 
force and deceleration distance measured.)
    (3) Failure. A system fails the force test if the recorded maximum 
arresting force exceeds 1,260 pounds (5.6 Kn) when using a body belt, or 
exceeds 2,520 pounds (11.2 Kn) when using a body harness.
    (4) Distances. The maximum elongation and deceleration distance 
should be recorded during the force test.
    (d) Deceleration device tests--general. The device should be 
evaluated or tested under the environmental conditions (such as rain, 
ice, grease, dirt, type of lifeline, etc.) for which the device is 
designed.
    (1) Rope-grab-type deceleration devices. (i) Devices should be moved 
on a lifeline 1,000 times over the same length of line a distance of not 
less than 1 foot (30.5 cm), and the mechanism should lock each time.
    (ii) Unless the device is permanently marked to indicate the type of 
lifelines which must be used, several types (different diameters and 
different materials) of lifelines should be used to test the device.
    (2) Other-self-activating-type deceleration devices. The locking 
mechanisms of other self-activating-type deceleration devices designed 
for more than one arrest should lock each of 1,000 times as they would 
in normal service.
    2. Positioning device systems--(a) Test Conditions. (1) The fixed 
anchorage should be rigid and should not have a deflection greater than 
.04 inches (1 cm) when a force of 2,250 pounds (10 Kn) is applied.
    (2) For linemen's body belt and pole straps, the body belt should be 
secured to a 250 pound (113 kg) bag of sand at a point which simulates 
the waist of an employee. One end of the pole strap should be attached 
to the rigid anchorage and the other end to the body belt. The sand bag 
should be allowed to free fall a distance of 4 feet (1.2 m). Failure of 
the pole strap and body belt should be indicated by any breakage or 
slippage sufficient to permit the bag to fall free to the ground.
    (3) For window cleaner's belts, the complete belt should withstand a 
drop test consisting of a 250 pound (113 kg) weight falling free for a 
distance of 6 feet (1.83 m). The weight should be a rigid object with a 
girth of 38 inches plus or minus four inches (97 cm plus or minus 10 
cm). The weight should be placed in the waistband with the belt buckle 
drawn firmly against the weight, as when the belt is worn by a window 
cleaner. One belt terminal should be attached to a rigid anchor and the 
other terminal should hang free. The terminals should be adjusted to 
their maximum span. The weight fastened in the freely suspended belt 
should then be lifted exactly 6 feet (1.83 m) above its ``at rest'' 
position and released so as to permit a free fall of 6 feet (1.83 m) 
vertically below the point of attachment of the terminal anchor. The 
belt system should be equipped with devices and instrumentation capable 
of measuring the duration and magnitude of the arrest forces. Any 
breakage or slippage which permits the weight to fall free of the system 
constitutes failure of the test. In addition, the initial and subsequent 
arresting force peaks should be measured and should not exceed 2,000 
pounds (8.9 Kn) for more than 2 milliseconds for the initial impact, nor 
exceed 1,000 pounds (4.45 Kn) for the remainder of the arrest time.
    (4) All other positioning device systems (except for restraint line 
systems) should withstand a drop test consisting of a 250 pound (113 kg) 
weight falling free for a distance of 4 feet (1.2 m). The weight should 
be a rigid object with a girth of 38 inches plus or minus 4 inches (96 
cm plus or minus 10 cm). The body belt or harness should be affixed to 
the test weight as it would be to an employee. The system should be 
connected to the rigid anchor in the manner that the system would be 
connected in normal use. The weight should be lifted exactly 4 feet (1.2 
m) above its ``at rest'' position and released so as to permit a 
vertical free fall of 4 feet (1.2 m ). Any breakage or slippage which 
permits the weight to fall free to the ground should constitute failure 
of the system.

[[Page 90]]



             Subpart J--Ship's Machinery and Piping Systems



Sec. 1915.161  Scope and application of subpart.

    The standards contained in this subpart shall apply to ship 
repairing and shipbuilding and shall not apply to shipbreaking.



Sec. 1915.162  Ship's boilers.

    (a) Before work is performed in the fire, steam, or water spaces of 
a boiler where employees may be subject to injury from the direct escape 
of a high temperature medium such as steam, or water, oil, or other 
medium at a high temperature entering from an interconnecting system, 
the employer shall insure that the following steps are taken:
    (1) The isolation and shutoff valves connecting the dead boiler with 
the live system or systems shall be secured, blanked, and tagged 
indicating that employees are working in the boiler. This tag shall not 
be removed nor the valves unblanked until it is determined that this may 
be done without creating a hazard to the employees working in the 
boiler, or until the work in the boiler is completed. Where valves are 
welded instead of bolted at least two isolation and shutoff valves 
connecting the dead boiler with the live system or systems shall be 
secured, locked, and tagged.
    (2) Drain connections to atmosphere on all of the dead 
interconnecting systems shall be opened for visual observation of 
drainage.
    (3) A warning sign calling attention to the fact that employees are 
working in the boilers shall be hung in a conspicuous location in the 
engine room. This sign shall not be removed until it is determined that 
the work is completed and all employees are out of the boilers.



Sec. 1915.163  Ship's piping systems.

    (a) Before work is performed on a valve, fitting, or section of 
piping in a piping system where employees may be subject to injury from 
the direct escape of steam, or water, oil, or other medium at a high 
temperature, the employer shall insure that the following steps are 
taken:
    (1) The isolation and shutoff valves connecting the dead system with 
the life system or systems shall be secured, blanked, and tagged 
indicating that employees are working on the systems. This tag shall not 
be removed nor the valves unblanked until it is determined that this may 
be done without creating a hazard to the employees working on the 
system, or until the work on the system is completed. Where valves are 
welded instead of bolted at least two isolation and shutoff valves 
connecting the dead system with the live system or systems shall be 
secured, locked, and tagged.
    (2) Drain connections to atmosphere on all of the dead 
interconnecting systems shall be opened for visual observation of 
drainage.



Sec. 1915.164  Ship's propulsion machinery.

    (a) Before work is performed on the main engine, reduction gear, or 
connecting accessories, the employer shall ensure that the following 
steps are taken:
    (1) The jacking gear shall be engaged to prevent the main engine 
from turning over. A sign shall be posted at the throttle indicating 
that the jacking gear is engaged. This sign shall not be removed until 
the jacking gear can be safely disengaged.
    (2) If the jacking gear is steam driven, the stop valves to the 
jacking gear shall be secured, locked, and tagged indicating that 
employees are working on the main engine.
    (3) If the jacking gear is electrically driven, the circuit 
controlling the jacking gear shall be deenergized by tripping the 
circuit breaker, opening the switch or removing the fuse, whichever is 
appropriate. The breaker, switch, or fuse location shall be tagged 
indicating that employees are working on the main engine.
    (b) Before the jacking engine is operated, the following precautions 
shall be taken:
    (1) A check shall be made to ensure that all employees, equipment, 
and tools are clear of the engine, reduction gear, and its connecting 
accessories.
    (2) A check shall be made to ensure that all employees, equipment 
and tools are free of the propeller.

[[Page 91]]

    (c) Before work is started on or in the immediate vicinity of the 
propeller, a warning sign calling attention to the fact that employees 
are working in that area shall be hung in a conspicuous location in the 
engine room. This sign shall not be removed until it is determined that 
the work is completed and all employees are free of the propeller.
    (d) Before the main engine is turned over (e.g., when warming up 
before departure or testing after an overhaul) a check shall be made to 
ensure that all employees, equipment, and tools are free of the 
propeller.



Sec. 1915.165  Ship's deck machinery.

    (a) Before work is performed on the anchor windlass or any of its 
attached accessories, the employer shall ensure that the following steps 
are taken:
    (1) The devil claws shall be made fast to the anchor chains.
    (2) The riding pawls shall be in the engaged position.
    (3) In the absence of devil claws and riding pawls, the anchor 
chains shall be secured to a suitable fixed structure of the vessel.



  Subpart K--Portable, Unfired Pressure Vessels, Drums and Containers, 
                       Other Than Ship's Equipment



Sec. 1915.171  Scope and application of subpart.

    The standards contained in this subpart shall apply to ship 
repairing and shipbuilding and shall not apply to shipbreaking.



Sec. 1915.172  Portable air receivers and other unfired pressure vessels.

    (a) Portable, unfired pressure vessels, built after the effective 
date of this regulation, shall be marked and reported indicating that 
they have been designed and constructed to meet the standards of the 
American Society of Mechanical Engineers Boiler and Pressure Vessel 
Code, Section XIII, Rules for Construction of Unfired Pressure Vessels, 
1963. They shall be subjected to a hydrostatic pressure test of one and 
one-half times the working pressure of the vessels.
    (b) Portable, unfired pressure vessels, not built to the code 
requirements of paragraph (a) of this section, and built prior to the 
effective date of this regulation, shall be examined quarterly by a 
competent person. They shall be subjected yearly to a hydrostatic 
pressure test of one and one-half times the working pressure of the 
vessels.
    (c) The relief valves on the portable, unfired pressure vessels in 
paragraphs (a) and (b) of this section shall be set to the safe working 
pressure of the vessels, or set to the lowest safe working pressure of 
the systems, whichever is lower.
    (d) A certification record of such examinations and tests made in 
compliance with the requirements of paragraphs (a) and (b) of this 
section shall be maintained. The certification record shall include the 
date of examinations and tests, the signature of the person who 
performed the examinations or tests and the serial number, or other 
identifier, of the equipment examined and tested.

[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986]



Sec. 1915.173  Drums and containers.

    (a) Shipping drums and containers shall not be pressurized to remove 
their contents.
    (b) A temporarily assembled pressurized piping system conveying 
hazardous liquids or gases shall be provided with a relief valve and by-
pass to prevent rupture of the system and the escape of such hazardous 
liquids or gases.
    (c) Pressure vessels, drums and containers containing toxic or 
flammable liquids or gases shall not be stored or used where they are 
subject to open flame, hot metal, or other sources of artificial heat.
    (d) Unless pressure vessels, drums and containers of 30 gallon 
capacity or over containing flammable or toxic liquids or gases are 
placed in an out-of-the-way area where they will not be subject to 
physical injury from an outside source, barriers or guards shall be 
erected to protect them from such physical injury.
    (e) Containers of 55 gallons or more capacity containing flammable 
or toxic liquid shall be surrounded by dikes or pans which enclose a 
volume equal to

[[Page 92]]

at least 35 percent of the total volume of the containers.
    (f) Fire extinguishers adequate in number and suitable for the 
hazard shall be provided. These extinguishers shall be located in the 
immediate area where pressure vessels, drums and containers containing 
flammable liquids or gases are stored or in use. Such extinguishers 
shall be ready for use at all times.



                     Subpart L--Electrical Machinery



Sec. 1915.181  Electrical circuits and distribution boards.

    (a) The provisions of this section shall apply to ship repairing and 
shipbuilding and shall not apply to shipbreaking.
    (b) Before an employee is permitted to work on an electrical 
circuit, except when the circuit must remain energized for testing and 
adjusting, the circuit shall be deenergized and checked at the point at 
which the work is to be done to insure that it is actually deenergized. 
When testing or adjusting an energized circuit a rubber mat, duck board, 
or other suitable insulation shall be used underfoot where an insulated 
deck does not exist.
    (c) Deenergizing the circuit shall be accomplished by opening the 
circuit breaker, opening the switch, or removing the fuse, whichever 
method is appropriate. The circuit breaker, switch, or fuse location 
shall be tagged to indicate that an employee is working on the circuit. 
Such tags shall not be removed nor the circuit energized until it it 
definitely determined that the work on the circuit has been completed.
    (d) When work is performed immediately adjacent to an open-front 
energized board or in back of an energized board, the board shall be 
covered or some other equally safe means shall be used to prevent 
contact with any of the energized parts.



                        Subparts M-Y  [Reserved]



                Subpart Z--Toxic and Hazardous Substances

    Source: 58 FR 35514, July 1, 1993, unless otherwise noted.



Sec. 1915.1000  Air contaminants.

    Wherever this section applies, an employees's exposure to any 
substance listed in Table Z--Shipyards of this section shall be limited 
in accordance with the requirements of the following paragraphs of this 
section.
    (a)(1) Substances with limits preceded by ``C''--Ceiling values. An 
employee's exposure to any substance in Table Z--Shipyards, the exposure 
limit of which is preceded by a ``C,'' shall at no time exceed the 
exposure limit given for that substance. If instantaneous monitoring is 
not feasible, then the ceiling shall be assessed as a 15-minute time 
weighted average exposure which shall not be exceeded at any time over a 
working day.
    (2) Other Substances--8-hour Time Weighted Averages. An employee's 
exposure to any substance in Table Z--Shipyards , the exposure limit of 
which is not preceded by a ``C,'' shall not exceed the 8-hour Time 
Weighted Average given for that substance in any 8-hour work shift of a 
40-hour work week.
    (b)-(c) [Reserved]
    (d) Computation formulae. The computation formula which shall apply 
to employee exposure to more than one substance for which 8-hour time 
weighted averages are listed in subpart Z of 29 CFR part 1915 in order 
to determine whether an employee is exposed over the regulatory limit is 
as follows:
    (1)(i) The cumulative exposure for an 8-hour work shift shall be 
computed as follows:

E=(CaTa+CbTb+...Cn
Tn)8

Where:

    E is the equivalent exposure for the working shift.
    C is the concentration during any period of time T where the 
concentration remains constant.
    T is the duration in hours of the exposure at the concentration C.

The value of E shall not exceed the 8-hour time weighted average 
specified in subpart Z of 29 CFR part 1915 for the material involved.
    (ii) To illustrate the formula prescribed in paragraph (d)(1)(i) of 
this section, assume that Substance A has an 8-hour time weighted 
average limit

[[Page 93]]

of 100 ppm noted in Table Z--Shipyards. Assume that an employee is 
subject to the following exposure:

    Two hours exposure at 150 p/m
    Two hours exposure at 75 p/m
    Four hours exposure at 50 p/m

    Substituting this information in the formula, we have

(2 x 150+2 x 75+4 x 50)8=81.25 p/m

    Since 81.25 ppm is less than 100 ppm, the 8-hour time weighted 
average limit, the exposure is acceptable.
    (2)(i) in case of a mixture of air contaminants an employer shall 
compute the equivalent exposure as follows:

Em=(C1L1+C2L2
)+...(CnLn)

Where:

    Em is the equivalent exposure for the mixture.
    C is the concentration of a particular contaminant.
    L is the exposure limit for that substance specified in subpart Z of 
29 CFR part 1915.
    The value of Em shall not exceed unity (1).

    (ii) To illustrate the formula prescribed in paragraph (d)(2)(i) of 
this section, consider the following exposures:

------------------------------------------------------------------------
                                              Actual                    
                                           concentration   8 hr. TWA PEL
                Substance                    of 8 hour         (ppm)    
                                          exposure (ppm)                
------------------------------------------------------------------------
B.......................................             500            1000
C.......................................              45             200
D.......................................              40            200 
------------------------------------------------------------------------
Substituting in the formula, we have:                                   
Em=5001,000+45200+40200                         
Em=0.500+0.225+0.200                                                    
Em=0.925                                                                


Since Em is less than unity (1), the exposure combination is within 
acceptable limits.

                                               Table Z--Shipyards                                               
----------------------------------------------------------------------------------------------------------------
                                                                                         mg/m 3        Skin     
                          Substance                               CAS No.d     ppm a *    b *      Designation  
----------------------------------------------------------------------------------------------------------------
        Abate; see Temephos.................................                                                    
        Acetaldehyde........................................         75-07-0      200      360               -- 
        Acetic acid.........................................         64-19-7       10       25               -- 
        Acetic anhydride....................................        108-24-7        5       20               -- 
        Acetone.............................................         67-64-1     1000     2400               -- 
        Acetonitrile........................................         75-05-8       40       70               -- 
        2-Acetylaminofluorine; see Sec.  1915.1014..........         53-96-3                                    
        Acetylene...........................................         74-86-2        E                           
        Acetylene dichloride; see 1,2-Dichloroethylene......                                                    
        Acetylene tetrabromide..............................         79-27-6        1       14               -- 
        Acrolein............................................        107-02-8      0.1     0.25               -- 
        Acrylamide..........................................         79-06-1       --      0.3                X 
        Acrylonitrile; see Sec.  1915.1045..................        107-13-1                                    
        Aldrin..............................................        309-00-2       --     0.25                X 
        Allyl alcohol.......................................        107-18-6        2        5                X 
        Allyl chloride......................................        107-05-1        1        3               -- 
        Allyl glycidyl ether (AGE)..........................        106-92-3    (C)10    (C)45               -- 
        Allyl propyl disulfide..............................       2179-59-1        2       12               -- 
        alpha-Alumina.......................................       1344-28-1                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Aluminum, (as Al) Metal.............................       7429-90-5                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Alundum; see alpha-Alumina..........................                                                    
        4-Aminodiphenyl; see Sec.  1915.1011................         92-67-1                                    
        2-Aminoethanol; see Ethanolamine....................                                                    
        2-Aminopyridine.....................................        504-29-0      0.5        2               -- 
        Ammonia.............................................       7664-41-7       50       35               -- 

[[Page 94]]

                                                                                                                
        Ammonium sulfamate..................................       7773-06-0                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        n-Amyl acetate......................................        628-63-7      100      525               -- 
        sec-Amyl acetate....................................        626-38-0      125      650               -- 
        Aniline and homologs................................         62-53-3        5       19                X 
        Anisidine (o-, p-isomers)...........................      29191-52-4       --      0.5                X 
        Antimony and compounds (as Sb)......................       7440-36-0       --      0.5               -- 
        ANTU (alpha Naphthylthiourea).......................         86-88-4       --      0.3               -- 
        Argon...............................................       7440-37-1        E                           
        Arsenic, inorganic compounds (as As); see Sec.                                                          
         1915.1018..........................................       7440-38-2       --       --               -- 
        Arsenic, organic compounds (as As)..................       7440-38-2       --      0.5               -- 
        Arsine..............................................       7784-42-1     0.05      0.2               -- 
        Asbestos; see 1915.1001.............................                                                    
        Azinphos-methyl.....................................         86-50-0       --      0.2                X 
        Barium, soluble compounds (as Ba)...................       7440-39-3       --      0.5               -- 
        Barium sulfate......................................       7727-43-7                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Benomyl.............................................      17804-35-2                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Benzene g; see Sec.  1915.1028......................         71-43-2                                    
        Benzidine; see Sec.  1915.1010......................         92-87-5                                    
        p-Benzoquinone; see Quinone.........................                                                    
        Benzo(a)pyrene; see Coal tar pitch volatiles........                                                    
        Benzoyl peroxide....................................         94-36-0       --        5               -- 
        Benzyl chloride.....................................        100-44-7        1        5               -- 
        Beryllium and beryllium compounds (as Be)...........       7440-41-7       --    0.002               -- 
        Biphenyl; see Diphenyl..............................                                                    
        Bismuth telluride, Undoped..........................       1304-82-1                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Bisphenol A; see Diglycidyl ether...................                                                    
        Boron oxide.........................................       1303-86-2                                    
          Total dust........................................                       --       15               -- 
        Boron tribromide....................................      10294-33-4        1       10               -- 
        Boron trifluoride...................................       7637-07-2     (C)1     (C)3               -- 
        Bromine.............................................       7726-95-6      0.1      0.7               -- 
        Bromine pentafluoride...............................       7789-30-2      0.1      0.7               -- 
        Bromoform...........................................         75-25-2      0.5        5                X 
        Butadiene (1,3-Butadiene); see 29 CFR 1910.1051; 29                                                     
         CFR 1910.19(l).....................................        106-99-0   1 ppm/5                          
                                                                                  ppm                           
                                                                                 STEL       --               -- 
        Butanethiol; see Butyl mercaptan....................                                                    
        2-Butanone (Methyl ethyl ketone)....................         78-93-3      200      590               -- 

[[Page 95]]

                                                                                                                
        2-Butoxyethanol.....................................        111-76-2       50      240                X 
        n-Butyl-acetate.....................................        123-86-4      150      710               -- 
        sec-Butyl acetate...................................        105-46-4      200      950               -- 
        tert-Butyl acetate..................................        540-88-5      200      950               -- 
        n-Butyl alcohol.....................................         71-36-3      100      300               -- 
        sec-Butyl alcohol...................................         78-92-2      150      450               -- 
        tert-Butyl alcohol..................................         75-65-0      100      300               -- 
        Butylamine..........................................        109-73-9     (C)5    (C)15                X 
        tert-Butyl chromate (as CrO3).......................       1189-85-1       --    (C)0.1               X 
        n-Butyl glycidyl ether (BGE)........................       2426-08-6       50      270               -- 
        Butyl mercaptan.....................................        109-79-5      0.5      1.5               -- 
        p-tert-Butyltoluene.................................         98-51-1       10       60               -- 
        Cadmium dust fume (as Cd); see 1915.1027............       7440-43-9       --       --               -- 
        Calcium carbonate...................................       1317-65-3                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Calcium hydroxide...................................       1305-62-0       --       --               -- 
        Calcium hydroxide...................................                                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Calcium oxide.......................................       1305-78-8       --        5               -- 
        Calcium silicate....................................       1344-95-2                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Calcium sulfate.....................................       7778-18-9                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Camphor, synthetic..................................         76-22-2       --        2               -- 
        Carbaryl (Sevin)....................................         63-25-2       --        5               -- 
        Carbon black........................................       1333-86-4       --      3.5               -- 
        Carbon dioxide......................................        124-38-9     5000     9000               -- 
        Carbon disulfide....................................         75-15-0       20       60                X 
        Carbon monoxide.....................................        630-08-0       50       55               -- 
        Carbon tetrachloride................................         56-23-5       10       65                X 
        Cellulose...........................................       9004-34-6                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Chlordane...........................................         57-74-9       --      0.5                X 
        Chlorinated camphene................................       8001-35-2       --      0.5                X 
        Chlorinated diphenyl oxide..........................      55720-99-5       --      0.5               -- 
        Chlorine............................................       7782-50-5        1        3               -- 
        Chlorine trifluoride................................       7790-91-2   (C)0.1    (C)0.4              -- 
        Chloroacetaldehyde..................................        107-20-0     (C)1     (C)3               -- 
        a-Chloroacetophenone (Phenacyl chloride)............        532-27-4     0.05      0.3               -- 
        Chlorobenzene.......................................        108-90-7       75      350               -- 
        o-Chlorobenzylidene malononitrile...................       2698-41-1     0.05      0.4               -- 
        Chlorobromomethane..................................         74-97-5      200     1050               -- 
        2-Chloro-1,3-butadiene; see beta-Chloroprene........                                                    
        Chlorodiphenyl (42% Chlorine) (PCB).................      53469-21-9       --        1                X 
        Chlorodiphenyl (54% Chlorine) (PCB).................      11097-69-1       --      0.5                X 
        1-Chloro,2,3-epoxypropane; see Epichlorohydrin......                                                    

[[Page 96]]

                                                                                                                
        2-Chloroethanol; see Ethylene chlorohydrin..........                                                    
        Chloroethylene; see Vinyl chloride..................                                                    
        Chloroform (Trichloromethane).......................         67-66-3       50      240               -- 
        bis(Chloromethyl) ether; see Sec.  1915.1008........        542-88-1                                    
        Chloromethyl methyl ether; see Sec.  1915.1006......        107-30-2                                    
        1-Chloro-1-nitropropane.............................        600-25-9       20      100               -- 
        Chloropicrin........................................         76-06-2      0.1      0.7                  
        beta-Chloroprene....................................        126-99-8       25       90                X 
        2-Chloro-6-(trichloromethyl) pyridine...............       1929-82-4                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Chromic acid and chromates..........................                                                    
          (as CrO3).........................................     Varies with                                    
                                                                      compound     --      0.1               -- 
        Chromium (II) compounds.............................                                                    
          (as Cr)...........................................       7440-47-3       --      0.5               -- 
        Chromium (III) compounds............................                                                    
          (as Cr)...........................................       7440-47-3       --      0.5               -- 
        Chromium metal and insol. salts (as Cr).............       7440-47-3       --        1               -- 
        Chrysene; see Coal tar pitch volatiles..............                                                    
        Clopidol............................................       2971-90-6                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Coal tar pitch volatiles (benzene soluble fraction),                                                    
         anthracene, BaP, phenanthrene, acridine, chrysene,                                                     
         pyrene.............................................      65966-93-2       --      0.2               -- 
        Cobalt metal, dust, and fume (as Co)................       7440-48-4       --      0.1               -- 
        Copper..............................................       7440-50-8                                    
          Fume (as Cu)......................................                       --      0.1               -- 
          Dusts and mists (as Cu)...........................                       --        1               -- 
        Corundum; see Emery.................................                                                    
        Cotton dust (raw)...................................                       --        1                  
        Crag herbicide (Sesone).............................        136-78-7                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Cresol, all isomers.................................       1319-77-3        5       22                X 
        Crotonaldehyde......................................       123-73-9;        2        6                  
                                                                   4170-30-3                                    
        Cumene..............................................         98-82-8       50      245                X 
        Cyanides (as CN)....................................     Varies with                                    
                                                                      Compound     --        5               -- 
        Cyanogen............................................        460-19-5       10       --               -- 
        Cyclohexane.........................................        110-82-7      300     1050               -- 
        Cyclohexanol........................................        108-93-0       50      200               -- 
        Cyclohexanone.......................................        108-94-1       50      200               -- 
        Cyclohexene.........................................        110-83-8      300     1015               -- 
        Cyclonite...........................................        121-82-4       --      1.5                X 
        Cyclopentadiene.....................................        542-92-7       75      200               -- 

[[Page 97]]

                                                                                                                
        2,4-D (Dichlorophenoxyacetic acid)..................         94-75-7       --       10               -- 
        Decaborane..........................................      17702-41-9     0.05      0.3                X 
        Demeton (Systox)....................................       8065-48-3       --      0.1                X 
        Diacetone alcohol (4-Hydroxy-4-methyl-2-pentanone)..        123-42-2       50      240               -- 
        1,2-Diaminoethane; see Ethylenediamine..............                                                    
        Diazomethane........................................        334-88-3      0.2      0.4               -- 
        Diborane............................................      19287-45-7      0.1      0.1               -- 
        1,2-Dibromo-3-chloropropane (CBCP); see Sec.                                                            
         1915.1044..........................................         96-12-8                --                  
        1,2-Dibromoethane; see Ethylene dibromide...........                                                    
        Dibutyl phosphate...................................        107-66-4        1        5               -- 
        Dibutyl phthalate...................................         84-74-2       --        5               -- 
        Dichloroacetylene...................................       7572-29-4   (C)0.1    (C)0.4              -- 
        o-Dichlorobenzene...................................         95-50-1    (C)50    (C)300              -- 
        p-Dichlorobenzene...................................        106-46-7       75      450               -- 
        3,3'-Dichlorobenzidine; see Sec.  1915.1007.........         91-94-1                                    
        Dichlorodifluoromethane.............................         75-71-8     1000     4950               -- 
        1,3-Dichloro-5,5-dimethyl hydantoin.................        118-52-5       --      0.2               -- 
        Dichlorodiphenyltrichloroethane (DDT)...............         50-29-3       --        1                X 
        1,1-Dichloroethane..................................         75-34-3      100      400               -- 
        1,2-Dichloroethane; see Ethylene dichloride.........                                                    
        1,2-Dichloroethylene................................        540-59-0      200      790               -- 
        Dichloroethyl ether.................................        111-44-4    (C)15    (C)90                X 
        Dichloromethane; see Methylene chloride.............                                                    
        Dichloromonofluoromethane...........................         75-43-4     1000     4200               -- 
        1,1-Dichloro-1-nitroethane..........................        594-72-9    (C)10    (C)60               -- 
        1,2-Dichloropropane; see Propylene dichloride.......                                                    
        Dichlorotetrafluoroethane...........................         76-14-2     1000     7000               -- 
        Dichlorvos (DDVP)...................................         62-73-7       --        1                X 
        Dicyclopentadienyl iron.............................        102-54-5                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Dieldrin............................................         60-57-1       --     0.25                X 
        Diethylamine........................................        109-89-7       25       75               -- 
        2-Diethylaminoethanol...............................        100-37-8       10       50               -- 
        Diethylene triamine.................................        111-40-0    (C)10    (C)42                X 
        Diethyl ether; see Ethyl ether......................                                                    
        Difluorodibromomethane..............................         75-61-6      100      860               -- 
        Diglycidyl ether (DGE)..............................       2238-07-5   (C)0.5    (C)2.8              -- 
        Dihydroxybenzene; see Hydroquinone..................                                                    
        Diisobutyl ketone...................................        108-83-8       50      290               -- 
        Diisopropylamine....................................        108-18-9        5       20                X 
        4-Dimethylaminoazobenzene; see Sec.  1915.1015......         60-11-7                                    

[[Page 98]]

                                                                                                                
        Dimethoxymethane; see Methylal......................                                                    
        Dimethyl acetamide..................................        127-19-5       10       35                X 
        Dimethylamine.......................................        124-40-3       10       18               -- 
        Dimethylaminobenzene; see Xylidine..................                                                    
        Dimethylaniline (N,N-Dimethylaniline)...............        121-69-7        5       25                X 
        Dimethylbenzene; see Xylene.........................                                                    
        Dimethyl-1,2-dibromo- 2,2-dichloroethyl phosphate...        300-76-5       --        3               -- 
        Dimethylformamide...................................         68-12-2       10       30                X 
        2,6-Dimethyl-4-heptanone; see Diisobutyl ketone.....                                                    
        1,1-Dimethylhydrazine...............................         57-14-7      0.5        1                X 
        Dimethylphthalate...................................        131-11-3       --        5               -- 
        Dimethyl sulfate....................................         77-78-3        1        5                X 
        Dinitrobenzene (all isomers)........................                                 1                X 
          (ortho)...........................................        528-29-0                                    
          (meta)............................................         99-65-0                                    
          (para)............................................        100-25-4                                    
        Dinitro-o-cresol....................................        534-52-1       --      0.2                X 
        Dinitrotoluene......................................      25321-14-6       --      1.5                X 
        Dioxane (Diethylene dioxide)........................        123-91-1      100      360                X 
        Diphenyl (Biphenyl).................................         92-52-4      0.2        1               -- 
        Diphenylamine.......................................        122-39-4       --       10               -- 
        Diphenylmethane diisocyanate; see Methylene                                                             
         bisphenyl isocyanate...............................                                                    
        Dipropylene glycol methyl ether.....................      34590-94-8      100      600                X 
        Di-sec octyl phthalate (Di-(2-ethylhexyl) phthalate)        117-81-7       --        5               -- 
        Emery...............................................      12415-34-8                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Endosulfan..........................................        115-29-7       --      0.1                X 
        Endrin..............................................         72-20-8       --      0.1                X 
        Epichlorohydrin.....................................        106-89-8        5       19                X 
        EPN.................................................       2104-64-5       --      0.5                X 
        1,2-Epoxypropane; see Propylene oxide...............                                                    
        2,3-Epoxy-1-propanol; see Glycidol..................                                                    
        Ethane..............................................         74-84-0        E                           
        Ethanethiol; see Ethyl mercaptan....................                                                    
        Ethanolamine........................................        141-43-5        3        6               -- 
        2-Ethoxyethanol (Cellosolve)........................        110-80-5      200      740                X 
        2-Ethoxyethyl acetate (Cellosolve acetate)..........        111-15-9      100      540                X 
        Ethyl acetate.......................................        141-78-6      400     1400               -- 
        Ethyl acrylate......................................        140-88-5       25      100                X 
        Ethyl alcohol (Ethanol).............................         64-17-5     1000     1900               -- 
        Ethylamine..........................................         75-04-7       10       18               -- 
        Ethyl amyl ketone (5-Methyl-3-heptanone)............        541-85-5       25      130               -- 

[[Page 99]]

                                                                                                                
        Ethyl benzene.......................................        100-41-4      100      435               -- 
        Ethyl bromide.......................................         74-96-4      200      890               -- 
        Ethyl butyl ketone (3-Heptanone)....................        106-35-4       50      230               -- 
        Ethyl chloride......................................         75-00-3     1000     2600               -- 
        Ethyl ether.........................................         60-29-7      400     1200               -- 
        Ethyl formate.......................................        109-94-4      100      300               -- 
        Ethyl mercaptan.....................................         75-08-1      0.5        1               -- 
        Ethyl silicate......................................         78-10-4      100      850               -- 
        Ethylene............................................         74-85-1        E                           
        Ethylene chlorohydrin...............................        107-07-3        5       16                X 
        Ethylenediamine.....................................        107-15-3       10       25               -- 
        Ethylene dibromide..................................        106-93-4    (C)25   (C)190                X 
        Ethylene dichloride (1,2-Dichloroethane)............        107-06-2       50      200               -- 
        Ethylene glycol dinitrate...........................        628-96-6   (C)0.2     (C)1                X 
        Ethylene glycol methyl acetate; see Methyl                                                              
         cellosolve acetate.................................                                                    
        Ethyleneimine; see Sec.  1915.1012..................        151-56-4                                    
        Ethylene oxide; see Sec.  1915.1047.................         75-21-8                                    
        Ethylidene chloride; see 1,1-Dichloroethane.........                                                    
        N-Ethylmorpholine...................................        100-74-3       20       94                X 
        Ferbam..............................................      14484-64-1                                    
          Total dust........................................                       --       15               -- 
        Ferrovanadium dust..................................      12604-58-9       --        1               -- 
        Fibrous Glass.......................................                                                    
          Total dust........................................                                15               -- 
          Respirable fraction...............................                       --        5               -- 
        Fluorides (as F)....................................     Varies with                                    
                                                                      compound     --      2.5               -- 
        Fluorine............................................       7782-41-4      0.1      0.2               -- 
        Fluorotrichloromethane (Trichlorofluoromethane).....         75-69-4     1000     5600               -- 
        Formaldehyde; see Sec.  1915.1048...................         50-00-0                                    
        Formic acid.........................................         64-18-6        5        9               -- 
        Furfural............................................         98-01-1        5       20                X 
        Furfuryl alcohol....................................         98-00-0       50      200               -- 
        Gasoline............................................       8006-61-9               A 3               -- 
        Glycerin (mist).....................................         56-81-5                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Glycidol............................................        556-52-5       50      150               -- 
        Glycol monoethyl ether; see 2-Ethoxyethanol.........                                                    
        Graphite, natural, respirable dust..................       7782-42-5    (\2\)    (\2\)            (\2\) 
        Graphite, synthetic.................................                                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Guthion; see Azinphos methyl........................                                                    
        Gypsum..............................................      13397-24-5                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Hafnium.............................................       7440-58-6       --      0.5               -- 
        Helium..............................................       7440-59-7        E                           
        Heptachlor..........................................         76-44-8       --      0.5                X 

[[Page 100]]

                                                                                                                
        Heptane (n-Heptane).................................        142-82-5      500     2000               -- 
        Hexachloroethane....................................         67-72-1        1       10                X 
        Hexachloronaphthalene...............................       1335-87-1       --      0.2                X 
        n-Hexane............................................        110-54-3      500     1800               -- 
        2-Hexanone (Methyl n-butyl ketone)..................        591-78-6      100      410               -- 
        Hexone (Methyl isobutyl ketone).....................        108-10-1      100      410               -- 
        sec-Hexyl acetate...................................        108-84-9       50      300               -- 
        Hydrazine...........................................        302-01-2        1      1.3                X 
        Hydrogen............................................       1333-74-0        E                           
        Hydrogen bromide....................................      10035-10-6        3       10               -- 
        Hydrogen chloride...................................       7647-01-0     (C)5     (C)7               -- 
        Hydrogen cyanide....................................         74-90-8       10       11                X 
        Hydrogen fluoride (as F)............................       7664-39-3        3        2               -- 
        Hydrogen peroxide...................................       7722-84-1        1      1.4               -- 
        Hydrogen selenide (as Se)...........................       7783-07-5     0.05                           
        Hydrogen sulfide....................................       7783-06-4       10       15               -- 
        Hydroquinone........................................        123-31-9       --        2               -- 
        Indene..............................................         95-13-6       10       45               -- 
        Indium and compounds (as In)........................       7440-74-6       --      0.1               -- 
        Iodine..............................................       7553-56-2   (C)0.1     (C)1               -- 
        Iron oxide fume.....................................       1309-37-1       --       10               -- 
        Iron salts (soluble) (as Fe)........................     Varies with                                    
                                                                      compound     --        1               -- 
        Isoamyl acetate.....................................        123-92-2      100      525               -- 
        Isoamyl alcohol (primary and secondary).............        123-51-3      100      360               -- 
        Isobutyl acetate....................................        110-19-0      150      700               -- 
        Isobutyl alcohol....................................         78-83-1      100      300               -- 
        Isophorone..........................................         78-59-1       25      140               -- 
        Isopropyl acetate...................................        108-21-4      250      950               -- 
        Isopropyl alcohol...................................         67-63-0      400      980               -- 
        Isopropylamine......................................         75-31-0        5       12               -- 
        Isopropyl ether.....................................        108-20-3      500     2100               -- 
        Isopropyl glycidyl ether (IGE)......................       4016-14-2       50      240               -- 
        Kaolin..............................................       1332-58-7                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Ketene..............................................        463-51-4      0.5      0.9               -- 
        Lead, inorganic (as Pb); see Sec.  1915.1025........       7439-92-1       --       --               -- 
        Limestone...........................................       1317-65-3                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Lindane.............................................         58-89-9       --      0.5                X 
        Lithium hydride.....................................       7580-67-8       --    0.025               -- 
        L.P.G. (Liquefied petroleum gas)....................      68476-85-7     1000     1800                  
        Magnesite...........................................        546-93-0                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Magnesium oxide fume................................       1309-48-4                                    
          Total particulate.................................                       15       --               -- 
        Malathion...........................................        121-75-5                                    
          Total dust........................................                       --       15                X 
        Maleic anhydride....................................        108-31-6     0.25                           
        Manganese compounds (as Mn).........................       7439-96-5       --     (C)5               -- 
        Manganese fume (as Mn)..............................       7439-96-5       --     (C)5               -- 

[[Page 101]]

                                                                                                                
        Marble..............................................       1317-65-3                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Mercury (aryl and inorganic)(as Hg).................       7439-97-6               0.1                X 
        Mercury (organo) alkyl compounds (as Hg)............       7439-97-6       --     0.01                X 
        Mercury (vapor) (as Hg).............................       7439-97-6       --      0.1                X 
        Mesityl oxide.......................................        141-79-7       25      100               -- 
        Methane.............................................         74-82-8        E                           
        Methanethiol; see Methyl mercaptan..................                                                    
        Methoxychlor........................................         72-43-5                                    
          Total dust........................................                       --       15               -- 
        2-Methoxyethanol (Methyl cellosolve)................        109-86-4       25       80                X 
        2-Methoxyethyl acetate (Methyl cellosolve acetate)..        110-49-6       25      120                X 
        Methyl acetate......................................         79-20-9      200      610               -- 
        Methyl acetylene (Propyne)..........................         74-99-7     1000     1650               -- 
        Methyl acetylene-propadiene mixture (MAPP)..........                     1000     1800               -- 
        Methyl acrylate.....................................         96-33-3       10       35                X 
        Methylal (Dimethoxy-methane)........................        109-87-5     1000     3100               -- 
        Methyl alcohol......................................         67-56-1      200      260               -- 
        Methylamine.........................................         74-89-5       10       12               -- 
        Methyl amyl alcohol; see Methyl isobutyl carbinol...                                                    
        Methyl n-amyl ketone................................        110-43-0      100      465               -- 
        Methyl bromide......................................         74-83-9    (C)20    (C)80                X 
        Methyl butyl ketone; see 2-Hexanone.................                                                    
        Methyl cellosolve; see 2-Methoxyethanol.............                                                    
        Methyl cellosolve acetate; see 2-Methoxyethyl                                                           
         acetate............................................                                                    
        Methyl chloride.....................................         74-87-3      100      210               -- 
        Methyl chloroform (1,1,1-Trichloroethane)...........         71-55-6      350     1900               -- 
        Methylcyclohexane...................................        108-87-2      500     2000               -- 
        Methylcyclohexanol..................................      25639-42-3      100      470               -- 
        o-Methylcyclohexanone...............................        583-60-8      100      460                X 
        Methylene chloride; see Sec.  1910.1052.............                                                    
        Methyl ethyl ketone (MEK); see 2-Butanone...........                                                    
        Methyl formate......................................        107-31-3      100      250               -- 
        Methyl hydrazine (Monomethyl hydrazine).............         60-34-4   (C)0.2    (C)0.3                 
                                                                                             5                X 
        Methyl iodide.......................................         74-88-4        5       28                X 
        Methyl isoamyl ketone...............................        110-12-3      100      475               -- 
        Methyl isobutyl carbinol............................        108-11-2       25      100                X 
        Methyl isobutyl ketone; see Hexone..................                                                    
        Methyl isocyanate...................................        624-83-9     0.02     0.05                X 
        Methyl mercaptan....................................         74-93-1      0.5        1               -- 
        Methyl methacrylate.................................         80-62-6      100      410              100 

[[Page 102]]

                                                                                                                
        Methyl propyl ketone; see 2-Pentanone...............                                                    
        Methyl silicate.....................................        681-84-5        5       30               -- 
        alpha-Methyl styrene................................         98-83-9   (C)100    (C)480              -- 
        Methylene bisphenyl isocyanate (MDI)................        101-68-8   (C)0.02  (C)0.2               -- 
        Mica; see Silicates.................................                                                    
        Mineral wool........................................                                                    
          Total dust........................................                       --       15               -- 
          Respirable dust...................................                       --        5               -- 
        Molybdenum (as Mo)..................................       7439-98-7                                    
          Soluble compounds.................................                       --        5               -- 
          Insoluble compounds...............................                                                    
            Total dust......................................                       --       15               -- 
        Monomethyl aniline..................................        100-61-8        2        9                X 
        Monomethyl hydrazine; see Methyl hydrazine..........                                                    
        Morpholine..........................................        110-91-8       20       70                X 
        Naphtha (Coal tar)..................................       8030-30-6      100      400               -- 
        Naphthalene.........................................         91-20-3       10       50               -- 
        alpha-Naphthylamine; see Sec.  1915.1004............        134-32-7                                    
        beta-Naphthylamine; see Sec.  1915.1009.............         91-59-8                                 -- 
        Neon................................................       7440-01-9   .......                          
        Nickel carbonyl (as Ni).............................      13463-39-3    0.001    0.007               -- 
        Nickel, metal and insoluble compounds (as Ni).......       7440-02-0       --        1               -- 
        Nickel, soluble compounds (as Ni)...................       7440-02-0       --        1               -- 
        Nicotine............................................         54-11-5       --      0.5                X 
        Nitric acid.........................................       7697-37-2        2        5               -- 
        Nitric oxide........................................      10102-43-9       25       30               -- 
        p-Nitroaniline......................................        100-01-6        1        6                X 
        Nitrobenzene........................................         98-95-3        1        5                X 
        p-Nitrochlorobenzene................................        100-00-5       --        1                X 
        4-Nitrodiphenyl; see Sec.  1915.1003................         92-93-3                                    
        Nitroethane.........................................         79-24-3      100      310               -- 
        Nitrogen............................................       7727-37-9        E                           
        Nitrogen dioxide....................................      10102-44-0     (C)5     (C)9               -- 
        Nitrogen trifluoride................................       7783-54-2       10       29               -- 
        Nitroglycerin.......................................         55-63-0   (C)0.2     (C)2                X 
        Nitromethane........................................         75-52-5      100      250               -- 
        1-Nitropropane......................................        108-03-2       25       90               -- 
        2-Nitropropane......................................         79-46-9       25       90               -- 
        N-Nitrosodimethylamine; see Sec.  1915.1016.........         62-79-9                                 -- 
        Nitrotoluene (all isomers)..........................                        5       30                X 
          o-isomer..........................................        88-72-2;                                    
          m-isomer..........................................        99-08-1;                                    
          p-isomer..........................................         99-99-0                                    
        Nitrotrichloromethane; see Chloropicrin.............                                                    
        Nitrous oxide.......................................      10024-97-2        E                           
        Octachloronaphthalene...............................       2234-13-1       --      0.1                X 
        Octane..............................................        111-65-9      400     1900               -- 
        Oil mist, mineral...................................       8012-95-1       --        5               -- 
        Osmium tetroxide (as Os)............................      20816-12-0       --    0.002               -- 
        Oxalic acid.........................................        144-62-7       --        1               -- 
        Oxygen difluoride...................................       7783-41-7     0.05      0.1               -- 
        Ozone...............................................      10028-15-6      0.1      0.2               -- 

[[Page 103]]

                                                                                                                
        Paraquat, respirable dust...........................      4685-14-7;       --      0.5                X 
                                                                  1910-42-5;                                    
                                                                   2074-50-2                                    
        Parathion...........................................         56-38-2       --      0.1               -- 
        Particulates not otherwise regulated................                                                    
          Total dust organic and inorganic..................                       --       15               -- 
        PCB; see Chlorodiphenyl (42% and 54% chlorine)......                                                    
        Pentaborane.........................................      19624-22-7    0.005     0.01               -- 
        Pentachloronaphthalene..............................       1321-64-8       --      0.5                X 
        Pentachlorophenol...................................         87-86-5       --      0.5                X 
        Pentaerythritol.....................................        115-77-5                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Pentane.............................................        109-66-0      500     1500               -- 
        2-Pentanone (Methyl propyl ketone)..................        107-87-9      200      700               -- 
        Perchloroethylene (Tetrachloroethylene).............        127-18-4      100      670               -- 
        Perchloromethyl mercaptan...........................        594-42-3      0.1      0.8               -- 
        Perchloryl fluoride.................................       7616-94-6        3     13.5               -- 
        Perlite.............................................      93763-70-3                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Petroleum distillates (Naphtha)(Rubber Solvent).....                               A 3               -- 
        Phenol..............................................        108-95-2        5       19                X 
        p-Phenylene diamine.................................        106-50-3       --      0.1                X 
        Phenyl ether, vapor.................................        101-84-8        1        7               -- 
        Phenyl ether-biphenyl mixture, vapor................                        1        7               -- 
        Phenylethylene; see Styrene.........................                                                    
        Phenyl glycidyl ether (PGE).........................        122-60-1       10       60               -- 
        Phenylhydrazine.....................................        100-63-0        5       22                X 
        Phosdrin (Mevinphos)................................       7786-34-7       --      0.1                X 
        Phosgene (Carbonyl chloride)........................         75-44-5      0.1      0.4               -- 
        Phosphine...........................................       7803-51-2      0.3      0.4               -- 
        Phosphoric acid.....................................       7664-38-2       --        1               -- 
        Phosphorus (yellow).................................       7723-14-0       --      0.1               -- 
        Phosphorus pentachloride............................      10026-13-8       --        1               -- 
        Phosphorus pentasulfide.............................       1314-80-3       --        1               -- 
        Phosphorus trichloride..............................       7719-12-2      0.5        3               -- 
        Phthalic anhydride..................................         85-44-9        2       12               -- 
        Picloram............................................       1918-02-1                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Picric acid.........................................         88-89-1       --      0.1               -- 
        Piperazine dihydrochloride..........................        142-64-3       --       --                X 
        Pindone (2-Pivalyl-1,3-indandione)..................         83-26-1       --      0.1               -- 
        Plaster of Paris....................................      26499-65-0                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Platinum (as Pt)....................................       7440-06-4                                    
          Metal.............................................                       --       --               -- 

[[Page 104]]

                                                                                                                
          Soluble salts.....................................                       --    0.002               -- 
        Polytetrafluoroethylene decomposition products......                               A 2                  
        Portland cement.....................................      65997-15-1                                    
          Total dust........................................                       15       --               10 
          Respirable fraction...............................                        5       --               -- 
        Propargyl alcohol...................................        107-19-7        1       --                X 
        beta-Propriolactone; see Sec.  1915.1013............         57-57-8                                    
        Propionic acid......................................         79-09-4       --       --               -- 
        n-Propyl acetate....................................        109-60-4      200      840               -- 
        n-Propyl alcohol....................................         71-23-8      200      500               -- 
        n-Propyl nitrate....................................        627-13-4       25      110               -- 
        Propylene dichloride................................         78-87-5       75      350               -- 
        Propylene imine.....................................         75-55-8        2        5                X 
        Propylene oxide.....................................         75-56-9      100      240               -- 
        Propyne; see Methyl acetylene.......................                                                    
        Pyrethrum...........................................       8003-34-7       --        5               -- 
        Pyridine............................................        110-86-1        5       15               -- 
        Quinone.............................................        106-51-4      0.1      0.4               -- 
        RDX; see Cyclonite..................................                                                    
        Rhodium (as Rh), metal fume and insoluble compounds.       7440-16-6       --      0.1               -- 
        Rhodium (as Rh), soluble compounds..................       7440-16-6       --    0.001               -- 
        Ronnel..............................................        299-84-3       --       10               -- 
        Rotenone............................................         83-79-4       --        5               -- 
        Rouge...............................................                       --                           
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Selenium compounds (as Se)..........................       7782-49-2       --      0.2               -- 
        Selenium hexafluoride (as Se).......................       7783-79-1     0.05      0.4               -- 
        Silica, amorphous, precipitated and gel.............     112926-00-8    (\2\)    (\2\)            (\2\) 
        Silica, amorphous, diatomaceous earth, containing                                                       
         less than 1% crystalline silica....................      61790-53-2    (\2\)    (\2\)            (\2\) 
        Silica, crystalline cristobalite, respirable dust...      14464-46-1    (\2\)    (\2\)            (\2\) 
        Silica, crystalline quartz, respirable dust.........      14808-60-7    (\2\)    (\2\)            (\2\) 
        Silica, crystalline tripoli (as quartz), respirable                                                     
         dust...............................................       1317-95-9    (\2\)    (\2\)            (\2\) 
        Silica, crystalline tridymite, respirable dust......      15468-32-3    (\2\)    (\2\)            (\2\) 
        Silica, fused, respirable dust......................      60676-86-0    (\2\)    (\2\)            (\2\) 
        Silicates (less than 1% crystalline silica).........                                                    
          Mica (respirable dust)............................      12001-26-2    (\2\)    (\2\)            (\2\) 
          Soapstone, total dust.............................              --    (\2\)    (\2\)            (\2\) 
          Soapstone, respirable dust........................              --    (\2\)    (\2\)            (\2\) 
          Talc (containing asbestos)........................              --    (\3\)    (\3\)            (\3\) 

[[Page 105]]

                                                                                                                
          Talc (containing no asbestos), respirable dust....      14807-96-6    (\2\)    (\2\)            (\2\) 
          Tremolite, asbestiform............................                    (\3\)    (\3\)            (\3\) 
        Silicon.............................................       7440-21-3                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Silicon carbide.....................................        409-21-2                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Silver, metal and soluble compounds (as Ag).........       7440-22-4       --     0.01               -- 
        Soapstone; see Silicates............................                                                    
        Sodium fluoroacetate................................         62-74-8       --     0.05                X 
        Sodium hydroxide....................................       1310-73-2       --        2               -- 
        Starch..............................................       9005-25-8                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Stibine.............................................       7803-52-3      0.1      0.5               -- 
        Stoddard solvent....................................       8052-41-3      200     1150               -- 
        Strychnine..........................................         57-24-9       --     0.15               -- 
        Styrene.............................................        100-42-5      100      420               50 
        Sucrose.............................................         57-50-1                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Sulfur dioxide......................................       7446-09-5        5       13               -- 
        Sulfur hexafluoride.................................       2551-62-4     1000     6000               -- 
        Sulfuric acid.......................................       7664-93-9       --        1               -- 
        Sulfur monochloride.................................      10025-67-9        1        6               -- 
        Sulfur pentafluoride................................       5714-22-7    0.025     0.25               -- 
        Sulfuryl fluoride...................................       2699-79-8        5       20               -- 
        Systox, see Demeton.................................                                                    
        2,4,5-T (2,4,5-trichlorophenoxyacetic acid).........         93-76-5       --       10               -- 
        Talc; see Silicates--...............................                                                    
        Tantalum, metal and oxide dust......................       7440-25-7       --        5               -- 
        TEDP (Sulfotep).....................................       3689-24-5       --      0.2                X 
        Teflon decomposition products.......................                                A2                  
        Tellurium and compounds (as Te).....................      13494-80-9       --      0.1               -- 
        Tellurium hexafluoride (as Te)......................       7783-80-4     0.02      0.2               -- 
        Temephos............................................       3383-96-8                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        TEPP (Tetraethyl pyrophosphate).....................        107-49-3       --     0.05                X 
        Terphenyls..........................................      26140-60-3     (C)1     (C)9               -- 
        1,1,1,2-Tetrachloro-2,2-difluoroethane..............         76-11-9      500     4170               -- 
        1,1,2,2-Tetrachloro-1,2-difluoroethane..............         76-12-0      500     4170               -- 
        1,1,2,2-Tetrachloroethane...........................         79-34-5        5       35                X 
        Tetrachloroethylene; see Perchloroethylene..........                                                    
        Tetrachloromethane; see Carbon tetrachloride........                                                    
        Tetrachloronaphthalene..............................       1335-88-2       --        2                X 
        Tetraethyl lead (as Pb).............................         78-00-2       --      0.1                X 

[[Page 106]]

                                                                                                                
        Tetrahydrofuran.....................................        109-99-9      200      590               -- 
        Tetramethyl lead, (as Pb)...........................         75-74-1       --     0.15                X 
        Tetramethyl succinonitrile..........................       3333-52-6      0.5        3                X 
        Tetranitromethane...................................        509-14-8        1        8               -- 
        Tetryl (2,4,6-Trinitrophenylmethylnitramine)........        479-45-8       --      1.5                X 
        Thallium, soluble compounds (as Tl).................       7440-28-0       --      0.1                X 
        4,4'-Thiobis (6-tert, Butyl-m-cresol)...............         96-69-5                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Thiram..............................................        137-26-8       --        5               -- 
        Tin, inorganic compounds (except oxides) (as Sn)....       7440-31-5       --        2               -- 
        Tin, organic compounds (as Sn)......................       7440-31-5       --      0.1               -- 
        Tin oxide (as Sn)...................................      21651-19-4       --       --               -- 
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Titanium dioxide....................................      13463-67-7                                    
          Total dust........................................                       --       15               -- 
        Toluene.............................................        108-88-3      200      750              100 
        Toluene-2,4-diisocyanate (TDI)......................        584-84-9   (C)0.02  (C)0.14              -- 
        o-Toluidine.........................................         95-53-4        5       22                X 
        Toxaphene; see Chlorinated camphene.................                                                    
        Tremolite; see Silicates............................                                                    
        Tributyl phosphate..................................        126-73-8       --        5               -- 
        1,1,1-Trichloroethane; see Methyl chloroform........                                                    
        1,1,2-Trichloroethane...............................         79-00-5       10       45                X 
        Trichloroethylene...................................         79-01-6      100      535               -- 
        Trichloromethane; see Chloroform....................                                                    
        Trichloronaphthalene................................       1321-65-9       --        5                X 
        1,2,3-Trichloropropane..............................         96-18-4       50      300               -- 
        1,1,2-Trichloro-1,2,2-trifluoroethane...............         76-13-1     1000     7600               -- 
        Triethylamine.......................................        121-44-8       25      100               -- 
        Trifluorobromomethane...............................         75-63-8     1000     6100               -- 
        Trimethyl benzene...................................      25551-13-7       25      120               -- 
        2,4,6-Trinitrophenyl; see Picric acid...............                                                    
        2,4,6-Trinitrophenylmethylnitramine; see Tetryl.....                                                    
        2,4,6-Trinitrotoluene (TNT).........................        118-96-7       --      1.5                X 
        Triorthocresyl phosphate............................         78-30-8       --      0.1               -- 
        Triphenyl phosphate.................................        115-86-6       --        3               -- 
        Tungsten (as W).....................................       7440-33-7                                    
          Insoluble compounds...............................                       --        5               -- 
          Soluble compounds.................................                       --        1               -- 
        Turpentine..........................................       8006-64-2      100      560               -- 
        Uranium (as U)......................................       7440-61-1                                    
          Soluble compounds.................................                       --      0.2               -- 
          Insoluble compounds...............................                       --      0.2               -- 
        Vanadium............................................       1314-62-1                                    
          Respirable dust (as V2O5).........................                       --    (C)0.5              -- 

[[Page 107]]

                                                                                                                
          Fume (as V2O5)....................................                       --    (C)0.1              -- 
        Vegetable oil mist..................................                                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Vinyl benzene; see Styrene..........................                                                    
        Vinyl chloride; see Sec.  1915.1017.................         75-01-4                                    
        Vinyl cyanide; see Acrylonitrile....................                                                    
        Vinyl toluene.......................................      25013-15-4      100      480               -- 
        Warfarin............................................         81-81-2       --      0.1               -- 
        Xylenes (o-, m-, p-isomers).........................       1330-20-7      100      435               -- 
        Xylidine............................................       1300-73-8        5       25                X 
        Yttrium.............................................       7440-65-5       --        1               -- 
        Zinc chloride fume..................................       7646-85-7       --        1               -- 
        Zinc oxide fume.....................................       1314-13-2       --        5               -- 
        Zinc oxide..........................................       1314-13-2                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Zinc stearate.......................................        557-05-1                                    
          Total dust........................................                       --       15               -- 
          Respirable fraction...............................                       --        5               -- 
        Zirconium compounds (as Zr).........................       7440-67-7       --        5                  


                              mineral dusts                             
                                                                        
                         Substance                            mppcf (j) 
SILICA:                                                                 
  Crystalline                                                           
Quartz. Threshold Limit calculated from the formula........      250 (k)
                                                                        
                                                            ------------
                                                                 %SiO2+5
                                                                        
Cristobalite...............................................             
  Amorphous, including natural diatomaceous earth..........           20
SILICATES (less than 1% crystalline silica)                             
  Mica.....................................................           20
  Portland cement..........................................           50
  Soapstone................................................           20
  Talc (non-asbestiform)...................................           20
  Talc (fibrous), use asbestos limit.......................           --
                                                                        
Graphite (natural).........................................           15
                                                                        
------------------------------------------------------------------------
Inert or Nuisance Particulates: (m)                            50 (or 15
                                                                   mg/m3
                                                               whichever
                                                                  is the
                                                             smaller) of
                                                              total dust
                                                                <1% SiO2
                                                                        
------------------------------------------------------------------------
  Conversion factors.......................................             
mppcf  x  35.3=million particles per cubic meter=particles              
 per c.c.                                                               
------------------------------------------------------------------------


                                                                        
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------
Footnotes to Table Z--Shipyards:                                        
\1\ [Reserved]                                                          
\2\ See Mineral Dusts Table.                                            
\3\ Use Asbestos Limit Sec.  1915.1001.                                 
\4\ See 1915.1001.                                                      
* The PELs are 8-hour TWAs unless otherwise noted; a (C) designation    
  denotes a ceiling limit. They are to be determined from breathing-zone
  air samples.                                                          
a Parts of vapor or gas per million parts of contaminated air by volume 
  at 25C and 760 torr.                                                  
b Milligrams of substance per cubic meter of air. When entry is in this 
  column only, the value is exact; when listed with a ppm entry, it is  
  approximate.                                                          
c [Reserved]                                                            
d The CAS number is for information only. Enforcement is based on the   
  substance name. For an entry covering more than one metal compound,   
  measured as the metal, the CAS number for the metal is given--not CAS 
  numbers for the individual compounds.                                 
e-f [Reserved]                                                          
g For sectors excluded from Sec.  1915.1028 the limit is 10 ppm TWA.    
h Where OSHA has published a proposal for a substance but has not issued
  a final rule, the proposal is referenced and the existing limit is    
  published.                                                            
i [Reserved]                                                            
jMillions of particles per cubic foot of air, based on impinger samples 
  counted by light-field techniques.                                    
kThe percentage of crystalline silica in the formula is the amount      
  determined from airborne samples, except in those instances in which  
  other methods have been shown to be applicable.                       

[[Page 108]]

                                                                        
mCovers all organic and inorganic particulates not otherwise regulated. 
  Same as Particulates Not Otherwise Regulated.                         
The 1970 TLV uses letter designations instead of a numerical value as   
  follows:                                                              
A 1 [Reserved]                                                          
A 2 Polytetrafluoroethylene decomposition products. Because these       
  products decompose in part by hydrolysis in alkaline solution, they   
  can be quantitatively determined in air as fluoride to provide an     
  index of exposure. No TLV is recommended pending determination of the 
  toxicity of the products, but air concentrations should be minimal.   
A 3 Gasoline and/or Petroleum Distillates. The composition of these     
  materials varies greatly and thus a single TLV for all types of these 
  materials is no longer applicable. The content of benzene, other      
  aromatics and additives should be determined to arrive at the         
  appropriate TLV.                                                      
E Simple asphyxiants. The limiting factor is the available oxygen which 
  shall be at least 18% and be within the requirement addressing        
  explosion in subpart B of part 1915.                                  


[58 FR 35514, July 1, 1993, as amended at 61 FR 56856, Nov. 4, 1996; 62 
FR 1619, Jan. 10, 1997]



Sec. 1915.1001  Asbestos.

    (a) Scope and application. This section regulates asbestos exposure 
in all shipyard employment work as defined in 29 CFR part 1915, 
including but not limited to the following:
    (1) Demolition or salvage of structures, vessels, and vessel 
sections where asbestos is present;
    (2) Removal or encapsulation of materials containing asbestos;
    (3) Construction, alteration, repair, maintenance, or renovation of 
vessels, vessel sections, structures, substrates, or portions thereof, 
that contain asbestos;
    (4) Installation of products containing asbestos;
    (5) Asbestos spill/emergency cleanup; and
    (6) Transportation, disposal, storage, containment of and 
housekeeping activities involving asbestos or products containing 
asbestos, on the site or location at which construction activities are 
performed.
    (7) Coverage under this standard shall be based on the nature of the 
work operation involving asbestos exposure.
    (b) Definitions.
    Aggressive method means removal or disturbance of building/vessel 
materials by sanding, abrading, grinding, or other method that breaks, 
crumbles, or otherwise disintegrates intact ACM.
    Amended water means water to which surfactant (wetting agent) has 
been added to increase the ability of the liquid to penetrate ACM.
    Asbestos includes chrysotile, amosite, crocidolite, tremolite 
asbestos, anthophyllite asbestos, actinolite asbestos, and any of these 
minerals that has been chemically treated and/or altered. For purposes 
of this standard, asbestos includes PACM, as defined below.
    Asbestos-containing material, (ACM) means any material containing 
more than one percent asbestos.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    Authorized person means any person authorized by the employer and 
required by work duties to be present in regulated areas.
    Building/facility/vessel owner is the legal entity, including a 
lessee, which exercises control over management and record keeping 
functions relating to a building, facility, and/or vessel in which 
activities covered by this standard take place.
    Certified Industrial Hygienist (CIH) means one certified in the 
practice of industrial hygiene by the American Board of Industrial 
Hygiene.
    Class I asbestos work means activities involving the removal of 
thermal system insulation or surfacing ACM/PACM.
    Class II asbestos work means activities involving the removal of ACM 
which is neither TSI or surfacing ACM. This includes, but is not limited 
to, the removal of asbestos-containing wallboard, floor tile and 
sheeting, roofing and siding shingles, and construction mastics.
    Class III asbestos work means repair and maintenance operations, 
where ``ACM'', including TSI and surfacing ACM and PACM, is likely to be 
disturbed.
    Class IV asbestos work means maintenance and custodial activities 
during which employees contact but do not disturb ACM or PACM and 
activities to clean up dust, waste and debris resulting from Class I, 
II, and III activities.
    Clean room means an uncontaminated room having facilities for the 
storage

[[Page 109]]

of employees' street clothing and uncontaminated materials and 
equipment.
    Closely resemble means that the major workplace conditions which 
have contributed to the levels of historic asbestos exposure, are no 
more protective than conditions of the current workplace.
    Competent person see qualified person.
    Critical barrier means one or more layers of plastic sealed over all 
openings into a work area or any other physical barrier sufficient to 
prevent airborne asbestos in a work area from migrating to an adjacent 
area.
    Decontamination area means an enclosed area adjacent and connected 
to the regulated area and consisting of an equipment room, shower area, 
and clean room, which is used for the decontamination of workers, 
materials, and equipment that are contaminated with asbestos.
    Demolition means the wrecking or taking out of any load-supporting 
structural member and any related razing, removing, or stripping of 
asbestos products.
    Director means the Director, National Institute for Occupational 
Safety and Health, U.S. Department of Health and Human Services, or 
designee.
    Disturbance means activities that disrupt the matrix of ACM or PACM, 
crumble or pulverize ACM or PACM, or generate visible debris from ACM or 
PACM. Disturbance includes cutting away small amounts of ACM and PACM, 
no greater than the amount which can be contained in one standard sized 
glove bag or waste bag, in order to access a building or vessel 
component. In no event shall the amount of ACM or PACM so disturbed 
exceed that which can be contained in one glove bag or waste bag which 
shall not exceed 60 inches in length and width.
    Employee exposure means that exposure to airborne asbestos that 
would occur if the employee were not using respiratory protective 
equipment.
    Equipment room (change room) means a contaminated room located 
within the decontamination area that is supplied with impermeable bags 
or containers for the disposal of contaminated protective clothing and 
equipment.
    Fiber means a particulate form of asbestos, 5 micrometers or longer, 
with a length-to-diameter ratio of at least 3 to 1. 
    Glovebag means not more than a 60 x 60 inch impervious plastic bag-
like enclosure affixed around an asbestos-containing material, with 
glove-like appendages through which material and tools may be handled.
    High-efficiency particulate air (HEPA) filter means a filter capable 
of trapping and retaining at least 99.97 percent of all mono-dispersed 
particles of 0.3 micrometers in diameter.
    Homogeneous area means an area of surfacing material or thermal 
system insulation that is uniform in color and texture.
    Industrial hygienist means a professional qualified by education, 
training, and experience to anticipate, recognize, evaluate and develop 
controls for occupational health hazards.
    Intact means that the ACM has not crumbled, been pulverized, or 
otherwise deteriorated so that the asbestos is no longer likely to be 
bound with its matrix.
    Modification for purposes of paragraph (g)(6)(ii) of this section 
means a changed or altered procedure, material or component of a control 
system, which replaces a procedure, material or component of a required 
system. Omitting a procedure or component, or reducing or diminishing 
the stringency or strength of a material or component of the control 
system is not a ``modification'' for purposes of paragraph (g)(6) of 
this section.
    Negative Initial Exposure Assessment means a demonstration by the 
employer, which complies with the criteria in paragraph (f)(2)(iii) of 
this section, that employee exposure during an operation is expected to 
be consistently below the PELs.
    PACM means presumed asbestos containing material.
    Presumed asbestos containing material means thermal system 
insulation and surfacing material found in buildings, vessels, and 
vessel sections constructed no later than 1980. The designation of a 
material as ``PACM'' may be rebutted pursuant to paragraph (k)(5) of 
this section.

[[Page 110]]

    Project Designer means a person who has successfully completed the 
training requirements for an abatement project designer established by 
40 U.S.C. Sec. 763.90(g).
    Qualified person means, in addition to the definition in 29 CFR 
1926.32(f), one who is capable of identifying existing asbestos hazards 
in the workplace and selecting the appropriate control strategy for 
asbestos exposure, who has the authority to take prompt corrective 
measures to eliminate them, as specified in 29 CFR 1926.32(f); in 
addition, for Class I and Class II work who is specially trained in a 
training course which meets the criteria of EPA's Model Accreditation 
Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class 
III and Class IV work, who is trained in a manner consistent with EPA 
requirements for training of local education agency maintenance and 
custodial staff as set forth at 40 CFR 763.92(a)(2).
    Regulated area means an area established by the employer to 
demarcate areas where Class I, II, and III asbestos work is conducted, 
and any adjoining area where debris and waste from such asbestos work 
accumulate; and a work area within which airborne concentrations of 
asbestos, exceed or can reasonably be expected to exceed the permissible 
exposure limit. Requirements for regulated areas are set out in 
paragraph (e) of this section.
    Removal means all operations where ACM and/or PACM is taken out or 
stripped from structures or substrates, and includes demolition 
operations.
    Renovation means the modifying of any existing vessel, vessel 
section, structure, or portion thereof.
    Repair means overhauling, rebuilding, reconstructing, or 
reconditioning of vessels, vessel sections, structures or substrates, 
including encapsulation or other repair of ACM or PACM attached to 
structures or substrates.
    Surfacing material means material that is sprayed, troweled-on or 
otherwise applied to surfaces (such as acoustical plaster on ceilings 
and fireproofing materials on structural members, or other materials on 
surfaces for acoustical, fireproofing, and other purposes).
    Surfacing ACM means surfacing material which contains more than 1% 
asbestos.
    Thermal system insulation (TSI) means ACM applied to pipes, 
fittings, boilers, breeching, tanks, ducts or other structural 
components to prevent heat loss or gain.
    Thermal system insulation ACM is thermal system insulation which 
contains more than 1% asbestos.
    (c) Permissible exposure limits (PELS)--(1) Time-weighted average 
limit (TWA). The employer shall ensure that no employee is exposed to an 
airborne concentration of asbestos in excess of 0.1 fiber per cubic 
centimeter of air as an eight (8) hour time-weighted average (TWA), as 
determined by the method prescribed in appendix A to this section, or by 
an equivalent method.
    (2) Excursion limit. The employer shall ensure that no employee is 
exposed to an airborne concentration of asbestos in excess of 1.0 fiber 
per cubic centimeter of air (1 f/cc) as averaged over a sampling period 
of thirty (30) minutes, as determined by the method prescribed in 
appendix A to this section, or by an equivalent method.
    (d) Multi-employer worksites. (1) On multi-employer worksites, an 
employer performing work requiring the establishment of a regulated area 
shall inform other employers on the site of the nature of the employer's 
work with asbestos and/or PACM, of the existence of and requirements 
pertaining to regulated areas, and the measures taken to ensure that 
employees of such other employers are not exposed to asbestos.
    (2) Asbestos hazards at a multi-employer work site shall be abated 
by the contractor who created or controls the source of asbestos 
contamination. For example, if there is a significant breach of an 
enclosure containing Class I work, the employer responsible for erecting 
the enclosure shall repair the breach immediately.
    (3) In addition, all employers of employees exposed to asbestos 
hazards shall comply with applicable protective provisions to protect 
their employees. For example, if employees working immediately adjacent 
to a Class I asbestos job are exposed to asbestos due to the inadequate 
containment of such job, their employer shall either remove

[[Page 111]]

the employees from the area until the enclosure breach is repaired; or 
perform an initial exposure assessment pursuant to paragraph (f) of this 
section.
    (4) All employers of employees working adjacent to regulated areas 
established by another employer on a multi-employer work- site, shall 
take steps on a daily basis to ascertain the integrity of the enclosure 
and/or the effectiveness of the control method relied on by the primary 
asbestos contractor to assure that asbestos fibers do not migrate to 
such adjacent areas.
    (5) All general contractors on a shipyard project which includes 
work covered by this standard shall be deemed to exercise general 
supervisory authority over the work covered by this standard, even 
though the general contractor is not qualified to serve as the asbestos 
``qualified person'' as defined by paragraph (b) of this section. As 
supervisor of the entire project, the general contractor shall ascertain 
whether the asbestos contractor is in compliance with this standard, and 
shall require such contractor to come into compliance with this standard 
when necessary.
    (e) Regulated areas. (1) All Class I, II and III asbestos work shall 
be conducted within regulated areas. All other operations covered by 
this standard shall be conducted within a regulated area where airborne 
concentrations of asbestos exceed, or there is a reasonable possibility 
they may exceed a PEL. Regulated areas shall comply with the 
requirements of paragraphs (e) (2), (3), (4) and (5) of this section.
    (2) Demarcation. The regulated area shall be demarcated in any 
manner that minimizes the number of persons within the area and protects 
persons outside the area from exposure to airborne asbestos. Where 
critical barriers or negative pressure enclosures are used, they may 
demarcate the regulated area. Signs shall be provided and displayed 
pursuant to the requirements of paragraph (k)(7) of this section.
    (3) Access. Access to regulated areas shall be limited to authorized 
persons and to persons authorized by the Act or regulations issued 
pursuant thereto.
    (4) Respirators. All persons entering a regulated area where 
employees are required pursuant to paragraph (h)(1) of this section to 
wear respirators shall be supplied with a respirator selected in 
accordance with paragraph (h)(2) of this section.
    (5) Prohibited activities. The employer shall ensure that employees 
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the 
regulated area.
    (6) Qualified persons. The employer shall ensure that all asbestos 
work performed within regulated areas is supervised by a qualified 
person, as defined in paragraph (b) of this section. The duties of the 
qualified person are set out in paragraph (o) of this section.
    (f) Exposure assessments and monitoring--(1) General monitoring 
criteria. (i) Each employer who has a workplace or work operation where 
exposure monitoring is required under this section shall perform 
monitoring to determine accurately the airborne concentrations of 
asbestos to which employees may be exposed.
    (ii) Determinations of employee exposure shall be made from 
breathing zone air samples that are representative of the 8-hour TWA and 
30-minute short-term exposures of each employee.
    (iii) Representative 8-hour TWA employee exposure shall be 
determined on the basis of one or more samples representing full-shift 
exposure for employees in each work area. Representative 30-minute 
short-term employee exposures shall be determined on the basis of one or 
more samples representing 30 minute exposures associated with operations 
that are most likely to produce exposures above the excursion limit for 
employees in each work area.
    (2) Initial exposure assessment. (i) Each employer who has a 
workplace or work operation covered by this standard shall ensure that a 
``qualified person'' conducts an exposure assessment immediately before 
or at the initiation of the operation to ascertain expected exposures 
during that operation or workplace. The assessment must be completed in 
time to comply with requirements which are triggered by exposure data or 
the lack of a ``negative exposure assessment,'' and to provide 
information necessary to assure that all control systems planned are 
appropriate for that operation and will work properly.

[[Page 112]]

    (ii) Basis of initial exposure assessment. Unless a negative 
exposure assessment has been made pursuant to paragraph (f)(2)(iii) of 
this section, the initial exposure assessment shall, if feasible, be 
based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this 
section. The assessment shall take into consideration both the 
monitoring results and all observations, information or calculations 
which indicate employee exposure to asbestos, including any previous 
monitoring conducted in the workplace, or of the operations of the 
employer which indicate the levels of airborne asbestos likely to be 
encountered on the job. For Class I asbestos work, until the employer 
conducts exposure monitoring and documents that employees on that job 
will not be exposed in excess of the PELs, or otherwise makes a negative 
exposure assessment pursuant to paragraph (f)(2)(iii) of this section, 
the employer shall presume that employees are exposed in excess of the 
TWA and excursion limit.
    (iii) Negative initial exposure assessment. For any one specific 
asbestos job which will be performed by employees who have been trained 
in compliance with the standard, the employer may demonstrate that 
employee exposures will be below the PELs by data which conform to the 
following criteria:
    (A) Objective data demonstrating that the product or material 
containing asbestos minerals or the activity involving such product or 
material cannot release airborne fibers in concentrations exceeding the 
TWA and excursion limit under those work conditions having the greatest 
potential for releasing asbestos; or
    (B) Where the employer has monitored prior asbestos jobs for the PEL 
and the excursion limit within 12 months of the current or projected 
job, the monitoring and analysis were performed in compliance with the 
asbestos standard in effect; and the data were obtained during work 
operations conducted under workplace conditions ``closely resembling'' 
the processes, type of material, control methods, work practices, and 
environmental conditions used and prevailing in the employer's current 
operations, the operations were conducted by employees whose training 
and experience are no more extensive than that of employees performing 
the current job, and these data show that under the conditions 
prevailing and which will prevail in the current workplace there is a 
high degree of certainty that employee exposures will not exceed the TWA 
and excursion limit; or
    (C) The results of initial exposure monitoring of the current job 
made from breathing zone air samples that are representative of the 8-
hour TWA and 30-minute short-term exposures of each employee covering 
operations which are most likely during the performance of the entire 
asbestos job to result in exposures over the PELs.
    (3) Periodic monitoring--(i) Class I and II operations. The employer 
shall conduct daily monitoring that is representative of the exposure of 
each employee who is assigned to work within a regulated area who is 
performing Class I or II work, unless the employer pursuant to paragraph 
(f)(2)(iii) of this section, has made a negative exposure assessment for 
the entire operation.
    (ii) All operations under the standard other than Class I and II 
operations. The employer shall conduct periodic monitoring of all work 
where exposures are expected to exceed a PEL, at intervals sufficient to 
document the validity of the exposure prediction.
    (iii) Exception. When all employees required to be monitored daily 
are equipped with supplied-air respirators operated in the pressure 
demand mode, or other positive pressure mode respirator, the employer 
may dispense with the daily monitoring required by this paragraph. 
However, employees performing Class I work using a control method which 
is not listed in paragraph (g)(4) (i), (ii), or (iii) of this section or 
using a modification of a listed control method, shall continue to be 
monitored daily even if they are equipped with supplied-air respirators.
    (4) Termination of monitoring. (i) If the periodic monitoring 
required by paragraph (f)(3) of this section reveals that employee 
exposures, as indicated by statistically reliable measurements, are 
below the permissible exposure limit and excursion limit the employer 
may discontinue monitoring for those

[[Page 113]]

employees whose exposures are represented by such monitoring.
    (ii) Additional monitoring. Notwithstanding the provisions of 
paragraph (f) (2) and (3), and (f)(4) of this section, the employer 
shall institute the exposure monitoring required under paragraph (f)(3) 
of this section whenever there has been a change in process, control 
equipment, personnel or work practices that may result in new or 
additional exposures above the permissible exposure limit and/or 
excursion limit or when the employer has any reason to suspect that a 
change may result in new or additional exposures above the permissible 
exposure limit and/or excursion limit. Such additional monitoring is 
required regardless of whether a ``negative exposure assessment'' was 
previously produced for a specific job.
    (5) Employee notification of monitoring results. (i) The employer 
shall notify affected employees of the monitoring results that represent 
that employee's exposure as soon as possible following receipt of 
monitoring results.
    (ii) The employer shall notify affected employees of the results of 
monitoring representing the employee's exposure in writing either 
individually or by posting at a centrally located place that is 
accessible to affected employees.
    (6) Observation of monitoring. (i) The employer shall provide 
affected employees and their designated representatives an opportunity 
to observe any monitoring of employee exposure to asbestos conducted in 
accordance with this section.
    (ii) When observation of the monitoring of employee exposure to 
asbestos requires entry into an area where the use of protective 
clothing or equipment is required, the observer shall be provided with 
and be required to use such clothing and equipment and shall comply with 
all other applicable safety and health procedures.
    (g) Methods of compliance--(1) Engineering controls and work 
practices for all operations covered by this section. The employer shall 
use the following engineering controls and work practices in all 
operations covered by this section, regardless of the levels of 
exposure:
    (i) Vacuum cleaners equipped with HEPA filters to collect all debris 
and dust containing ACM and PACM, except as provided in paragraph 
(g)(8)(ii) of this section in the case of roofing material;
    (ii) Wet methods, or wetting agents, to control employee exposures 
during asbestos handling, mixing, removal, cutting, application, and 
cleanup, except where employers demonstrate that the use of wet methods 
is infeasible due to for example, the creation of electrical hazards, 
equipment malfunction, and, in roofing, except as provided in paragraph 
(g)(8)(ii) of this section; and
    (iii) Prompt clean-up and disposal of wastes and debris contaminated 
with asbestos in leak-tight containers except in roofing operations, 
where the procedures specified in paragraph (g)(8)(ii) of this section 
apply.
    (2) In addition to the requirements of paragraph (g)(1) of this 
section above, the employer shall use the following control methods to 
achieve compliance with the TWA permissible exposure limit and excursion 
limit prescribed by paragraph (c) of this section;
    (i) Local exhaust ventilation equipped with HEPA filter dust 
collection systems;
    (ii) Enclosure or isolation of processes producing asbestos dust;
    (iii) Ventilation of the regulated area to move contaminated air 
away from the breathing zone of employees and toward a filtration or 
collection device equipped with a HEPA filter;
    (iv) Use of other work practices and engineering controls that the 
Assistant Secretary can show to be feasible.
    (v) Wherever the feasible engineering and work practice controls 
described above are not sufficient to reduce employee exposure to or 
below the permissible exposure limit and/or excursion limit prescribed 
in paragraph (c) of this section, the employer shall use them to reduce 
employee exposure to the lowest levels attainable by these controls and 
shall supplement them by the use of respiratory protection that complies 
with the requirements of paragraph (h) of this section.
    (3) Prohibitions. The following work practices and engineering 
controls shall not be used for work related to

[[Page 114]]

asbestos or for work which disturbs ACM or PACM, regardless of measured 
levels of asbestos exposure or the results of initial exposure 
assessments:
    (i) High-speed abrasive disc saws that are not equipped with point 
of cut ventilator or enclosures with HEPA filtered exhaust air.
    (ii) Compressed air used to remove asbestos, or materials containing 
asbestos, unless the compressed air is used in conjunction with an 
enclosed ventilation system designed to capture the dust cloud created 
by the compressed air.
    (iii) Dry sweeping, shoveling or other dry clean-up of dust and 
debris containing ACM and PACM.
    (iv) Employee rotation as a means of reducing employee exposure to 
asbestos.
    (4) Class I requirements. In addition to the provisions of 
paragraphs (g) (1) and (2) of this section, the following engineering 
controls and work practices and procedures shall be used.
    (i) All Class I work, including the installation and operation of 
the control system shall be supervised by a qualified person as defined 
in paragraph (b) of this section;
    (ii) For all Class I jobs involving the removal of more than 25 
linear or 10 square feet of TSI or surfacing ACM or PACM; for all other 
Class I jobs, where the employer cannot produce a negative exposure 
assessment pursuant to paragraph (f)(2)(iii) of this section, or where 
employees are working in areas adjacent to the regulated area, while the 
Class I work is being performed, the employer shall use one of the 
following methods to ensure that airborne asbestos does not migrate from 
the regulated area:
    (A) Critical barriers shall be placed over all the openings to the 
regulated area, except where activities are performed outdoors; or
    (B) The employer shall use another barrier or isolation method which 
prevents the migration of airborne asbestos from the regulated area, as 
verified by perimeter area surveillance during each work shift at each 
boundary of the regulated area, showing no visible asbestos dust; and 
perimeter area monitoring showing that clearance levels contained in 40 
CFR part 763, subpart E of the EPA Asbestos in Schools Rule are met, or 
that perimeter area levels, measured by Phase Contrast Microscopy (PCM) 
are no more than background levels representing the same area before the 
asbestos work began. The results of such monitoring shall be made known 
to the employer no later than 24 hours from the end of the work shift 
represented by such monitoring. Exception: For work completed outdoors 
where employees are not working in areas adjacent to the regulated 
areas, this paragraph (g)(4)(ii) is satisfied when the specific control 
methods in paragraph (g)(5) of this section are used.
    (iii) For all Class I jobs, HVAC systems shall be isolated in the 
regulated area by sealing with a double layer of 6 mil plastic or the 
equivalent;
    (iv) For all Class I jobs, impermeable dropcloths shall be placed on 
surfaces beneath all removal activity;
    (v) For all Class I jobs, all objects within the regulated area 
shall be covered with impermeable dropcloths or plastic sheeting which 
is secured by duct tape or an equivalent.
    (vi) For all Class I jobs where the employer cannot produce a 
negative exposure assessment or where exposure monitoring shows the PELs 
are exceeded, the employer shall ventilate the regulated area to move 
contaminated air away from the breathing zone of employees toward a HEPA 
filtration or collection device.
    (5) Specific control systems for Class I work. In addition, Class I 
asbestos work shall be performed using one or more of the following 
control methods pursuant to the limitations stated below:
    (i) Negative pressure enclosure (NPE) systems. NPE systems may be 
used where the configuration of the work area does not make the erection 
of the enclosure infeasible, with the following specifications and work 
practices.
    (A) Specifications--(1) The negative pressure enclosure (NPE) may be 
of any configuration,
    (2) At least 4 air changes per hour shall be maintained in the NPE,
    (3) A minimum of -0.02 column inches of water pressure differential, 
relative to outside pressure, shall be maintained within the NPE as 
evidenced by manometric measurements,

[[Page 115]]

    (4) The NPE shall be kept under negative pressure throughout the 
period of its use, and
    (5) Air movement shall be directed away from employees performing 
asbestos work within the enclosure, and toward a HEPA filtration or a 
collection device.
    (B) Work practices--(1) Before beginning work within the enclosure 
and at the beginning of each shift, the NPE shall be inspected for 
breaches and smoke-tested for leaks, and any leaks sealed.
    (2) Electrical circuits in the enclosure shall be deactivated, 
unless equipped with ground-fault circuit interrupters.
    (ii) Glove bag systems may be used to remove PACM and/or ACM from 
straight runs of piping and elbows and other connections with the 
following specifications and work practices:
    (A) Specifications--(1) Glovebags shall be made of 6 mil thick 
plastic and shall be seamless at the bottom.
    (2) Glovebags used on elbows and other connections must be designed 
for that purpose and used without modifications.
    (B) Work practices--(1) Each glovebag shall be installed so that it 
completely covers the circumference of pipe or other structure where the 
work is to be done.
    (2) Glovebags shall be smoke-tested for leaks and any leaks sealed 
prior to use.
    (3) Glovebags may be used only once and may not be moved.
    (4) Glovebags shall not be used on surfaces whose temperature 
exceeds 150 deg. F.
    (5) Prior to disposal, glovebags shall be collapsed by removing air 
within them using a HEPA vacuum.
    (6) Before beginning the operation, loose and friable material 
adjacent to the glovebag/box operation shall be wrapped and sealed in 
two layers of six mil plastic or otherwise rendered intact.
    (7) Where system uses attached waste bag, such bag shall be 
connected to collection bag using hose or other material which shall 
withstand pressure of ACM waste and water without losing its integrity:
    (8) Sliding valve or other device shall separate waste bag from hose 
to ensure no exposure when waste bag is disconnected:
    (9) At least two persons shall perform Class I glovebag removal 
operations.
    (iii) Negative pressure glove bag systems. Negative pressure glove 
bag systems may be used to remove ACM or PACM from piping.
    (A) Specifications. In addition to specifications for glove bag 
systems above, negative pressure glove bag systems shall attach HEPA 
vacuum system or other device to bag to prevent collapse during removal.
    (B) Work practices--(1) The employer shall comply with the work 
practices for glove bag systems in paragraph (g)(5)(ii)(B)(4) of this 
section,
    (2) The HEPA vacuum cleaner or other device used to prevent collapse 
of bag during removal shall run continually during the operation until 
it is completed at which time the bag shall be collapsed prior to 
removal of the bag from the pipe.
    (3) Where a separate waste bag is used along with a collection bag 
and discarded after one use, the collection bag may be reused if rinsed 
clean with amended water before reuse.
    (iv) Negative pressure glove box systems. Negative pressure glove 
boxes may be used to remove ACM or PACM from pipe runs with the 
following specifications and work practices.
    (A) Specifications--(1) Glove boxes shall be constructed with rigid 
sides and made from metal or other material which can withstand the 
weight of the ACM and PACM and water used during removal:
    (2) A negative pressure generator shall be used to create negative 
pressure in the system:
    (3) An air filtration unit shall be attached to the box:
    (4) The box shall be fitted with gloved apertures:
    (5) An aperture at the base of the box shall serve as a bagging 
outlet for waste ACM and water:
    (6) A back-up generator shall be present on site:
    (7) Waste bags shall consist of 6 mil thick plastic double-bagged 
before they are filled or plastic thicker than 6 mil.

[[Page 116]]

    (B) Work practices--(1) At least two persons shall perform the 
removal:
    (2) The box shall be smoke-tested for leaks and any leaks sealed 
prior to each use.
    (3) Loose or damaged ACM adjacent to the box shall be wrapped and 
sealed in two layers of 6 mil plastic prior to the job, or otherwise 
made intact prior to the job.
    (4) A HEPA filtration system shall be used to maintain pressure 
barrier in box.
    (v) Water spray process system. A water spray process system may be 
used for removal of ACM and PACM from cold line piping if, employees 
carrying out such process have completed a 40-hour separate training 
course in its use, in addition to training required for employees 
performing Class I work. The system shall meet the following 
specifications and shall be performed by employees using the following 
work practices.
    (A) Specifications--(1) Piping from which insulation will be removed 
shall be surrounded on 3 sides by rigid framing,
    (2) A 360 degree water spray, delivered through nozzles supplied by 
a high pressure separate water line, shall be formed around the piping.
    (3) The spray shall collide to form a fine aerosol which provides a 
liquid barrier between workers and the ACM and PACM.
    (B) Work practices--(1) The system shall be run for at least 10 
minutes before removal begins.
    (2) All removal shall take place within the barrier.
    (3) The system shall be operated by at least three persons, one of 
whom shall not perform removal but shall check equipment, and ensure 
proper operation of the system.
    (4) After removal, the ACM and PACM shall be bagged while still 
inside the water barrier.
    (vi) A small walk-in enclosure which accommodates no more than two 
persons (mini-enclosure) may be used if the disturbance or removal can 
be completely contained by the enclosure, with the following 
specifications and work practices.
    (A) Specifications--(1) The fabricated or job-made enclosure shall 
be constructed of 6 mil plastic or equivalent:
    (2) The enclosure shall be placed under negative pressure by means 
of a HEPA filtered vacuum or similar ventilation unit:
    (B) Work practices--(1) Before use, the mini-enclosure shall be 
inspected for leaks and smoketested to detect breaches, and any breaches 
sealed.
    (2) Before reuse, the interior shall be completely washed with 
amended water and HEPA-vacuumed.
    (3) During use, air movement shall be directed away from the 
employee's breathing zone within the mini-enclosure.
    (6) Alternative control methods for Class I work. Class I work may 
be performed using a control method which is not referenced in paragraph 
(g)(5) of this section, or which modifies a control method referenced in 
paragraph (g)(5) of this section, if the following provisions are 
complied with:
    (i) The control method shall enclose, contain or isolate the 
processes or source of airborne asbestos dust, or otherwise capture or 
redirect such dust before it enters the breathing zone of employees.
    (ii) A certified industrial hygienist or licensed professional 
engineer who is also qualified as a project designer as defined in 
paragraph (b) of this section, shall evaluate the work area, the 
projected work practices and the engineering controls and shall certify 
in writing that: the planned control method is adequate to reduce direct 
and indirect employee exposure to below the PELs under worst-case 
conditions of use, and that the planned control method will prevent 
asbestos contamination outside the regulated area, as measured by 
clearance sampling which meets the requirements of EPA's Asbestos in 
Schools Rule issued under AHERA, or perimeter monitoring which meets the 
criteria in paragraph (g)(4)(ii)(B) of this section.
    (A) Where the TSI or surfacing material to be removed is 25 linear 
or 10 square feet or less , the evaluation required in paragraph (g)(6) 
of this section may be performed by a ``qualified person'', and may omit 
consideration

[[Page 117]]

of perimeter or clearance monitoring otherwise required.
    (B) The evaluation of employee exposure required in paragraph (g)(6) 
of this section, shall include and be based on sampling and analytical 
data representing employee exposure during the use of such method under 
worst-case conditions and by employees whose training and experience are 
equivalent to employees who are to perform the current job.
    (iii) Before work which involves the removal of more than 25 linear 
or 10 square feet of TSI or surfacing ACM/PACM is begun using an 
alternative method which has been the subject of a paragraph (g)(6) of 
this section required evaluation and certification, the employer shall 
send a copy of such evaluation and certification to the national office 
of OSHA, Office of Technical Support, Room N3653, 200 Constitution 
Avenue, NW, Washington, DC 20210. The submission shall not constitute 
approval by OSHA.
    (7) Work practices and engineering controls for Class II work. (i) 
All Class II work shall be supervised by a qualified person as defined 
in paragraph (b) of this section.
    (ii) For all indoor Class II jobs, where the employer has not 
produced a negative exposure assessment pursuant to paragraph 
(f)(2)(iii) of this section, or where during the job, changed conditions 
indicate there may be exposure above the PEL or where the employer does 
not remove the ACM in a substantially intact state, the employer shall 
use one of the following methods to ensure that airborne asbestos does 
not migrate from the regulated area;
    (A) Critical barriers shall be placed over all openings to the 
regulated area; or,
    (B) The employer shall use another barrier or isolation method which 
prevents the migration of airborne asbestos from the regulated area, as 
verified by perimeter area monitoring or clearance monitoring which 
meets the criteria set out in paragraph (g)(4)(ii)(B) of this section.
    (C) Impermeable dropcloths shall be placed on surfaces beneath all 
removal activity;
    (iii)  [Reserved]
    (iv) All Class II asbestos work shall be performed using the work 
practices and requirements set out above in paragraph (g)(1)(i) through 
(g)(1)(iii) of this section.
    (8) Additional controls for Class II work. Class II asbestos work 
shall also be performed by complying with the work practices and 
controls designated for each type of asbestos work to be performed, set 
out in this paragraph. Where more than one control method may be used 
for a type of asbestos work, the employer may choose one or a 
combination of designated control methods. Class II work also may be 
performed using a method allowed for Class I work, except that glove 
bags and glove boxes are allowed if they fully enclose the Class II 
material to be removed.
    (i) For removing vinyl and asphalt flooring/deck materials which 
contain ACM or for which in buildings constructed not later than 1980, 
the employer has not verified the absence of ACM pursuant to paragraph 
(g)(8)(i)(I): the employer shall ensure that employees comply with the 
following work practices and that employees are trained in these 
practices pursuant to paragraph (k)(9) of this section:
    (A) Flooring/deck materials or its backing shall not be sanded.
    (B) Vacuums equipped with HEPA filter, disposable dust bag, and 
metal floor tool (no brush) shall be used to clean floors.
    (C) Resilient sheeting shall be removed by cutting with wetting of 
the snip point and wetting during delamination. Rip-up of resilient 
sheet floor material is prohibited.
    (D) All scraping of residual adhesive and/or backing shall be 
performed using wet methods.
    (E) Dry sweeping is prohibited.
    (F) Mechanical chipping is prohibited unless performed in a negative 
pressure enclosure which meets the requirements of paragraph (g)(5)(i) 
of this section.
    (G) Tiles shall be removed intact, unless the employer demonstrates 
that intact removal is not possible.
    (H) When tiles are heated and can be removed intact, wetting may be 
omitted.

[[Page 118]]

    (I) Resilient flooring/deck material in buildings/vessels 
constructed no later than 1980, including associated mastic and backing 
shall be assumed to be asbestos-containing unless an industrial 
hygienist determines that it is asbestos-free using recognized 
analytical techniques.
    (ii) For removing roofing material which contains ACM the employer 
shall ensure that the following work practices are followed:
    (A) Roofing material shall be removed in an intact state to the 
extent feasible.
    (B) Wet methods shall be used to remove roofing materials that are 
not intact, or that will be rendered not intact during removal, unless 
such wet methods are not feasible or will create safety hazards.
    (C) Cutting machines shall be continuously misted during use, unless 
a competent person determines that misting substantially decreases 
worker safety.
    (D) When removing built-up roofs with asbestos-containing roofing 
felts and an aggregate surface using a power roof cutter, all dust 
resulting from the cutting operation shall be collected by a HEPA dust 
collector, or shall be HEPA vacuumed by vacuuming along the cut line. 
When removing built-up roofs with asbestos-containing roofing felts and 
a smooth surface using a power roof cutter, the dust resulting from the 
cutting operation shall be collected either by a HEPA dust collector or 
HEPA vacuuming along the cut line, or by gently sweeping and then 
carefully and completely wiping up the still-wet dust and debris left 
along the cut line. The dust and debris shall be immediately bagged or 
placed in covered containers.
    (E) Asbestos-containing material that has been removed from a roof 
shall not be dropped or thrown to the ground. Unless the material is 
carried or passed to the ground by hand, it shall be lowered to the 
ground via covered, dust-tight chute, crane or hoist:
    (1) Any ACM that is not intact shall be lowered to the ground as 
soon as is practicable, but in any event no later than the end of the 
work shift. While the material remains on the roof it shall either be 
kept wet, placed in an impermeable waste bag, or wrapped in plastic 
sheeting.
    (2) Intact ACM shall be lowered to the ground as soon as is 
practicable, but in any event no later than the end of the work shift.
    (F) Upon being lowered, unwrapped material shall be transferred to a 
closed receptacle in such manner so as to preclude the dispersion of 
dust.
    (G) Roof level heating and ventilation air intake sources shall be 
isolated or the ventilation system shall be shut down.
    (H) Notwithstanding any other provision of this section, removal or 
repair of sections of intact roofing less than 25 square feet in area 
does not require use of wet methods or HEPA vacuuming as long as manual 
methods which do not render the material non-intact are used to remove 
the material and no visible dust is created by the removal method used. 
In determining whether a job involves less than 25 square feet, the 
employer shall include all removal and repair work performed on the same 
roof on the same day.
    (iii) When removing cementitious asbestos-containing siding and 
shingles or transite panels containing ACM on building exteriors (other 
than roofs, where paragraph (g)(8)(ii) of this section applies) the 
employer shall ensure that the following work practices are followed:
    (A) Cutting, abrading or breaking siding, shingles, or transite 
panels shall be prohibited unless the employer can demonstrate that 
methods less likely to result in asbestos fiber release cannot be used.
    (B) Each panel or shingle shall be sprayed with amended water prior 
to removal.
    (C) Unwrapped or unbagged panels or shingles shall be immediately 
lowered to the ground via covered dust-tight chute, crane or hoist, or 
placed in an impervious waste bag or wrapped in plastic sheeting and 
lowered to the ground no later than the end of the work shift.
    (D) Nails shall be cut with flat, sharp instruments.
    (iv) When removing gaskets containing ACM, the employer shall ensure 
that the following work practices are followed:

[[Page 119]]

    (A) If a gasket is visibly deteriorated and unlikely to be removed 
intact, removal shall be undertaken within a glovebag as described in 
paragraph (g)(5)(ii) of this section.
    (B)  [Reserved]
    (C) The gasket shall be immediately placed in a disposal container.
    (D) Any scraping to remove residue must be performed wet.
    (v) When performing any other Class II removal of asbestos 
containing material for which specific controls have not been listed in 
paragraph (g)(8)(iv) (A) through (D) of this section, the employer shall 
ensure that the following work practices are complied with.
    (A) The material shall be thoroughly wetted with amended water prior 
to and during its removal.
    (B) The material shall be removed in an intact state unless the 
employer demonstrates that intact removal is not possible.
    (C) Cutting, abrading or breaking the material shall be prohibited 
unless the employer can demonstrate that methods less likely to result 
in asbestos fiber release are not feasible.
    (D) Asbestos-containing material removed, shall be immediately 
bagged or wrapped, or kept wetted until transferred to a closed 
receptacle, no later than the end of the work shift.
    (vi) Alternative work practices and controls. Instead of the work 
practices and controls listed in paragraphs (g)(8) (i) through (v) of 
this section, the employer may use different or modified engineering and 
work practice controls if the following provisions are complied with.
    (A) The employer shall demonstrate by data representing employee 
exposure during the use of such method under conditions which closely 
resemble the conditions under which the method is to be used, that 
employee exposure will not exceed the PELs under any anticipated 
circumstances.
    (B) A qualified person shall evaluate the work area, the projected 
work practices and the engineering controls, and shall certify in 
writing, that the different or modified controls are adequate to reduce 
direct and indirect employee exposure to below the PELs under all 
expected conditions of use and that the method meets the requirements of 
this standard. The evaluation shall include and be based on data 
representing employee exposure during the use of such method under 
conditions which closely resemble the conditions under which the method 
is to be used for the current job, and by employees whose training and 
experience are equivalent to employees who are to perform the current 
job.
    (9) Work practices and engineering controls for Class III asbestos 
work. Class III asbestos work shall be conducted using engineering and 
work practice controls which minimize the exposure to employees 
performing the asbestos work and to bystander employees.
    (i) The work shall be performed using wet methods.
    (ii) To the extent feasible, the work shall be performed using local 
exhaust ventilation.
    (iii) Where the disturbance involves drilling, cutting, abrading, 
sanding, chipping, breaking, or sawing of thermal system insulation or 
surfacing material, the employer shall use impermeable dropcloths and 
shall isolate the operation using mini-enclosures or glove bag systems 
pursuant to paragraph (g)(5) of this section or another isolation 
method.
    (iv) Where the employer does not demonstrate by a negative exposure 
assessment performed in compliance with paragraph (f)(2)(iii) of this 
section that the PELs will not be exceeded, or where monitoring results 
show exceedances of a PEL, the employer shall contain the area using 
impermeable dropcloths and plastic barriers or their equivalent, or 
shall isolate the operation using mini-enclosure or glove bag systems 
pursuant to paragraph (g)(5) of this section.
    (v) Employees performing Class III jobs which involve the 
disturbance of TSI or surfacing ACM or PACM or where the employer does 
not demonstrate by a ``negative exposure assessment'' in compliance with 
paragraph (f)(2)(iii) of this section that the PELs will not be exceeded 
or where monitoring results show exceedances of the PEL, shall wear 
respirators which are selected, used and fitted pursuant to provisions 
of paragraph (h) of this section.

[[Page 120]]

    (10) Class IV asbestos work. Class IV asbestos jobs shall be 
conducted by employees trained pursuant to the asbestos awareness 
training program set out in paragraph (k)(9) of this section. In 
addition, all Class IV jobs shall be conducted in conformity with the 
requirements set out in paragraph (g)(1) of this section, mandating wet 
methods, HEPA vacuums, and prompt clean up of debris containing ACM or 
PACM.
    (i) Employees cleaning up debris and waste in a regulated area where 
respirators are required shall wear respirators which are selected, used 
and fitted pursuant to provisions of paragraph (h) of this section.
    (ii) Employers of employees cleaning up waste and debris in an area 
where friable TSI or surfacing ACM/PACM is accessible, shall assume that 
such waste and debris contain asbestos.
    (11) Specific compliance methods for brake and clutch repair--(i) 
Engineering controls and work practices for brake and clutch repair and 
service. During automotive brake and clutch inspection, disassembly, 
repair and assembly operations, the employer shall institute engineering 
controls and work practices to reduce employee exposure to materials 
containing asbestos using a negative pressure enclosure/HEPA vacuum 
system method or low pressure/wet cleaning method, which meets the 
detailed requirements set out in appendix L to this section. The 
employer may also comply using an equivalent method which follows 
written procedures which the employer demonstrates can achieve results 
equivalent to Method A. For facilities in which no more than 5 pair of 
brakes or 5 clutches are inspected, disassembled, repaired, or assembled 
per week, the method set for in paragraph [D] of appendix L to this 
section may be used.
    (ii) The employer may also comply by using an equivalent method 
which follows written procedures, which the employer demonstrates can 
achieve equivalent exposure reductions as do the two ``preferred 
methods.'' Such demonstration must include monitoring data conducted 
under workplace conditions closely resembling the process, type of 
asbestos containing materials, control method, work practices and 
environmental conditions which the equivalent method will be used, or 
objective data, which document that under all reasonably foreseeable 
conditions of brake and clutch repair applications, the method results 
in exposures which are equivalent to the methods set out in appendix L 
to this section.
    (12) Alternative methods of compliance for installation, removal, 
repair, and maintenance of certain roofing and pipeline coating 
materials. Notwithstanding any other provision of this section, and 
employer who complies with all provisions of this paragraph (g)(12) when 
installing, removing, repairing, or maintaining intact pipeline 
asphaltic wrap, or roof cements, mastics, coatings, or flashings which 
contain asbestos fibers encapsulated or coated by bituminous or resinous 
compounds shall be deemed to be in compliance with this section. If an 
employer does not comply with all provisions of this paragraph (g)(12), 
or if during the course of the job the material does not remain intact, 
the provisions of paragraph (g)(8) of this section apply instead of this 
paragraph (g)(12).
    (i) Before work begins and as needed during the job, a qualified 
person who is capable of identifying asbestos hazards in the workplace 
and selecting the appropriate control strategy for asbestos exposure, 
and who has the authority to take prompt corrective measures to 
eliminate such hazards, shall conduct an inspection of the worksite and 
determine that the roofing material is intact and will likely remain 
intact.
    (ii) All employees performing work covered by this paragraph (g)(12) 
shall be trained in a training program that meets the requirements of 
paragraph (k)(9)(viii) of this section.
    (iii) The material shall not be sanded, abraded, or ground. Manual 
methods which do not render the material non-intact shall be used.
    (iv) Material that has been removed from a roof shall not be dropped 
or thrown to the ground. Unless the material is carried or passed to the 
ground by hand, it shall be lowered to the ground via covered, dust-
tight chute, crane or hoist. All such material shall be removed from the 
roof as soon as is practicable, but in any event no later than the end 
of the work shift.

[[Page 121]]

    (v) Where roofing products which have been labeled as containing 
asbestos pursuant to paragraph (k)(8) of this section are installed on 
non-residential roofs during operations covered by this paragraph 
(g)(12), the employer shall notify the building owner of the presence 
and location of such materials no later than the end of the job.
    (vi) All removal or disturbance of pipeline asphaltic wrap shall be 
performed using wet methods.
    (h) Respiratory protection--(1) General. The employer shall provide 
respirators, and ensure that they are used, where required by this 
section. Respirators shall be used in the following circumstances:
    (i) During all Class I asbestos jobs.
    (ii) During all Class II work where the ACM is not removed in a 
substantially intact state.
    (iii) During all Class II and III work which is not performed using 
wet methods, provided, however, that respirators need not be worn during 
removal of ACM from sloped roofs when a negative exposure assessment has 
been made and the ACM is removed in an intact state.
    (iv) During all Class II and III asbestos jobs where the employer 
does not produce a ``negative exposure assessment''.
    (v) During all Class III jobs where TSI or surfacing ACM or PACM is 
being disturbed.
    (vi) During all Class IV work performed within regulated areas where 
employees performing other work are required to wear respirators.
    (vii) During all work covered by this section where employees are 
exposed above the TWA or excursion limit.
    (viii) In emergencies.
    (2) Respirator selection. (i) Where respirators are used, the 
employer shall select and provide, at no cost to the employee, the 
appropriate respirator as specified in Table 1, or in paragraph 
(h)(2)(iii) of this section, and shall ensure that the employee uses the 
respirator provided.
    (ii) The employer shall select respirators from among those jointly 
approved as being acceptable for protection by the Mine Safety and 
Health Administration (MSHA) and the National Institute for Occupational 
Safety and Health (NIOSH) under the provisions of 30 CFR part 11.
    (iii)(A) The employer shall provide a tight fitting powered, air-
purifying respirator in lieu of any negative-pressure respirator 
specified in Table 1 whenever:
    (1) An employee chooses to use this type of respirator; and
    (2) This respirator will provide adequate protection to the 
employee.
    (B) The employer shall inform any employee required to wear a 
respirator under this paragraph that the employee may require the 
employer to provide a powered, air-purifying respirator in lieu of a 
negative pressure respirator.

           Table 1--Respiratory Protection for Asbestos Fibers          
------------------------------------------------------------------------
  Airborne concentration of                                             
asbestos or conditions of use             Required respirator           
------------------------------------------------------------------------
Not in excess of 1 f/cc (10)   Half-mask air purifying respirator other 
 X PEL), or otherwise as        than a disposable respirator, equipped  
 required independent of        with high efficiency filters.           
 exposure pursuant to                                                   
 paragraph (h)(2)(iv) of this                                           
 section.                                                               
Not in excess of 5 f/cc (50 X  Full facepiece air-purifying respirator  
 PEL).                          equipped with high efficiency filters.  
Not in excess of 10 f/cc (100  Any powered air-purifying respirator     
 X PEL).                        equipped with high efficiency filters or
                                any supplied air respirator operated in 
                                continuous flow mode.                   
Not in excess of 100 f/cc      Full facepiece supplied air respirator   
 (1,000 X PEL).                 operated in pressure demand mode.       
Greater than 100 f/cc (1,000   Full facepiece supplied air respirator   
 X PEL) or unknown              operated in pressure demand mode,       
 concentration.                 equipped with an auxiliary positive     
                                pressure self-contained breathing       
                                apparatus.                              
------------------------------------------------------------------------
Note: a. Respirators assigned for high environmental concentrations may 
  be used at lower concentrations, or when required respirator use is   
  independent of concentration.                                         
b. A high efficiency filter means a filter that is at least 99.97       
  percent efficient against mono-dispersed particles of 0.3 micrometers 
  in diameter or larger.                                                

    (iv) In addition to the above selection criterion, the employer 
shall provide a half-mask air purifying respirator, other than a 
disposable respirator, equipped with high efficiency filters whenever 
the employee performs the

[[Page 122]]

following activities: Class II and III asbestos jobs where the employer 
does not produce a negative exposure assessment; and Class III jobs 
where TSI or surfacing ACM or PACM is being disturbed.
    (v) In addition to the selection criteria in paragraph (h)(2)(i) 
through (iv), the employer shall provide a tight-fitting powered air 
purifying respirator equipped with high efficiency filters or a full 
facepiece supplied air respirator operated in the pressure demand mode 
equipped with HEPA egress cartridges or an auxiliary positive pressure 
self-contained breathing apparatus for all employees within the 
regulated area where Class I work is being performed for which a 
negative exposure assessment has not been produced and, the exposure 
assessment indicates the exposure level will not exceed 1 f/cc as an 8-
hour time weighted average. A full facepiece supplied air respirator 
operated in the pressure demand mode equipped with an auxiliary positive 
pressure self-contained breathing apparatus shall be provided under such 
conditions, if the exposure assessment indicates exposure levels above 1 
f/cc as an 8-hour time weighted average.
    (3) Respirator program. (i) Where respiratory protection is used, 
the employer shall institute a respirator program in accordance with 29 
CFR 1910.134(b), (d), (e), and (f).
    (ii) The employer shall permit each employee who uses a filter 
respirator to change the filter elements whenever an increase in 
breathing resistance is detected and shall maintain an adequate supply 
of filter elements for this purpose.
    (iii) Employees who wear respirators shall be permitted to leave 
work areas to wash their faces and respirator facepieces whenever 
necessary to prevent skin irritation associated with respirator use.
    (iv) No employee shall be assigned to tasks requiring the use of 
respirators if, based on his or her most recent examination, an 
examining physician determines that the employee will be unable to 
function normally wearing a respirator, or that the safety or health of 
the employee or of other employees will be impaired by the use of a 
respirator. Such employees shall be assigned to another job or given the 
opportunity to transfer to a different position, the duties of which he 
or she is able to perform with the same employer, in the same 
geographical area, and with the same seniority, status, and rate of pay 
and other job benefits he or she had just prior to such transfer, if 
such a different position is available.
    (4) Respirator fit testing. (i) The employer shall ensure that the 
respirator issued to the employee exhibits the least possible facepiece 
leakage and that the respirator is fitted properly.
    (ii) Employers shall perform either quantitative or qualitative face 
fit tests at the time of initial fitting and at least every 6 months 
thereafter for each employee wearing a negative-pressure respirator. The 
qualitative fit tests may be used only for testing the fit of half-mask 
respirators where they are permitted to be worn, or of full-facepiece 
air purifying respirators where they are worn at levels at which half-
facepiece air purifying respirators are permitted. Qualitative and 
quantitative fit tests shall be conducted in accordance with appendix C 
to this section. The tests shall be used to select facepieces that 
provide the required protection as prescribed in Table 1, in paragraph 
(h)(2)(i) of this section.
    (i) Protective clothing--(1) General. The employer shall provide and 
require the use of protective clothing, such as coveralls or similar 
whole-body clothing, head coverings, gloves, and foot coverings for any 
employee exposed to airborne concentrations of asbestos that exceed the 
TWA and/or excursion limit prescribed in paragraph (c) of this section, 
or for which a required negative exposure assessment is not produced, or 
for any employee performing Class I operations which involve the removal 
of over 25 linear or 10 square feet of TSI or surfacing ACM or PACM.
    (2) Laundering. (i) The employer shall ensure that laundering of 
contaminated clothing is done so as to prevent the release of airborne 
asbestos in excess of the TWA or excursion limit prescribed in paragraph 
(c) of this section.
    (ii) Any employer who gives contaminated clothing to another person 
for laundering shall inform such person of the requirement in paragraph 
(i)(2)(i)

[[Page 123]]

of this section to effectively prevent the release of airborne asbestos 
in excess of the TWA excursion limit prescribed in paragraph (c) of this 
section.
    (3) Contaminated clothing. Contaminated clothing shall be 
transported in sealed impermeable bags, or other closed, impermeable 
containers, and be labeled in accordance with paragraph (k) of this 
section.
    (4) Inspection of protective clothing. (i) The qualified person 
shall examine worksuits worn by employees at least once per workshift 
for rips or tears that may occur during performance of work.
    (ii) When rips or tears are detected while an employee is working, 
rips and tears shall be immediately mended, or the worksuit shall be 
immediately replaced.
    (j) Hygiene facilities and practices for employees. (1) Requirements 
for employees performing Class I asbestos jobs involving over 25 linear 
or 10 square feet of TSI or surfacing ACM and PACM.
    (i) Decontamination areas. For all Class I jobs involving over 25 
linear or 10 square feet of TSI or surfacing ACM or PACM, the employer 
shall establish a decontamination area that is adjacent and connected to 
the regulated area for the decontamination of such employees. The 
decontamination area shall consist of an equipment room, shower area, 
and clean room in series. The employer shall ensure that employees enter 
and exit the regulated area through the decontamination area.
    (A) Equipment room. The equipment room shall be supplied with 
impermeable, labeled bags and containers for the containment and 
disposal of contaminated protective equipment.
    (B) Shower area. Shower facilities shall be provided which comply 
with 29 CFR 1910.141(d)(3), unless the employer can demonstrate that 
they are not feasible. The showers shall be adjacent both to the 
equipment room and the clean room, unless the employer can demonstrate 
that this location is not feasible. Where the employer can demonstrate 
that it is not feasible to locate the shower between the equipment room 
and the clean room, or where the work is performed outdoors, or when the 
work involving asbestos exposure takes place on board a ship, the 
employers shall ensure that employees:
    (1) Remove asbestos contamination from their worksuits in the 
equipment room using a HEPA vacuum before proceeding to a shower that is 
not adjacent to the work area; or
    (2) Remove their contaminated worksuits in the equipment room, then 
don clean worksuits, and proceed to a shower that is not adjacent to the 
work area.
    (C) Clean change room. The clean room shall be equipped with a 
locker or appropriate storage container for each employee's use. When 
the employer can demonstrate that it is not feasible to provide a clean 
change area adjacent to the work area, or where the work is performed 
outdoors, or when the work takes place aboard a ship, the employer may 
permit employees engaged in Class I asbestos jobs to clean their 
protective clothing with a portable HEPA-equipped vacuum before such 
employees leave the regulated area. Following showering, such employees 
however must then change into street clothing in clean change areas 
provided by the employer which otherwise meet the requirements of this 
section.
    (ii) Decontamination area entry procedures. The employer shall 
ensure that employees:
    (A) Enter the decontamination area through the clean room;
    (B) Remove and deposit street clothing within a locker provided for 
their use; and
    (C) Put on protective clothing and respiratory protection before 
leaving the clean room.
    (D) Before entering the regulated area, the employer shall ensure 
that employees pass through the equipment room.
    (iii) Decontamination area exit procedures. The employer shall 
ensure that:
    (A) Before leaving the regulated area, employees shall remove all 
gross contamination and debris from their protective clothing.
    (B) Employees shall remove their protective clothing in the 
equipment room and deposit the clothing in labeled impermeable bags or 
containers.
    (C) Employees shall not remove their respirators in the equipment 
room.

[[Page 124]]

    (D) Employees shall shower prior to entering the clean room.
    (E) After showering, employees shall enter the clean room before 
changing into street clothes.
    (iv) Lunch areas. Whenever food or beverages are consumed at the 
worksite where employees are performing Class I asbestos work, the 
employer shall provide lunch areas in which the airborne concentrations 
of asbestos are below the permissible exposure limit and/or excursion 
limit.
    (2) Requirements for Class I work involving less than 25 linear or 
10 square feet of TSI or surfacing and PACM, and for Class II and Class 
III asbestos work operations where exposures exceed a PEL or where there 
is no negative exposure assessment produced before the operation.  (i) 
The employer shall establish an equipment room or area that is adjacent 
to the regulated area for the decontamination of employees and their 
equipment which is contaminated with asbestos which shall consist of an 
area covered by a impermeable drop cloth on the floor/deck or horizontal 
working surface.
    (ii) The area must be of sufficient size as to accommodate cleaning 
of equipment and removing personal protective equipment without 
spreading contamination beyond the area (as determined by visible 
accumulations).
    (iii) Work clothing must be cleaned with a HEPA vacuum before it is 
removed.
    (iv) All equipment and surfaces of containers filled with ACM must 
be cleaned prior to removing them from the equipment room or area.
    (v) The employer shall ensure that employees enter and exit the 
regulated area through the equipment room or area.
    (3) Requirements for Class IV work. Employers shall ensure that 
employees performing Class IV work within a regulated area comply with 
the hygiene practice required of employees performing work which has a 
higher classification within that regulated area. Otherwise employers of 
employees cleaning up debris and material which is TSI or surfacing ACM 
or identified as PACM shall provide decontamination facilities for such 
employees which are required by paragraph (j)(2) of this section.
    (4) Smoking in work areas. The employer shall ensure that employees 
do not smoke in work areas where they are occupationally exposed to 
asbestos because of activities in that work area.
    (k) Communication of hazards. (1) This section applies to the 
communication of information concerning asbestos hazards in shipyard 
employment activities to facilitate compliance with this standard. Most 
asbestos-related shipyard activities involve previously installed 
building materials. Building/vessel owners often are the only and/or 
best sources of information concerning them. Therefore, they, along with 
employers of potentially exposed employees, are assigned specific 
information conveying and retention duties under this section. Installed 
Asbestos Containing Building/Vessel Material: Employers and building/
vessel owners shall identify TSI and sprayed or troweled on surfacing 
materials as asbestos-containing unless the employer, by complying with 
paragraph (k)(5) of this section determines that the material is not 
asbestos-containing. Asphalt or vinyl flooring/decking material 
installed in buildings or vessels no later than 1980 must also be 
considered as asbestos containing unless the employer/owner, pursuant to 
paragraph (g)(8)(i)(I) of this section, determines it is not asbestos 
containing. If the employer or building/vessel owner has actual 
knowledge or should have known, through the exercise of due diligence, 
that materials other than TSI and sprayed-on or troweled-on surfacing 
materials are asbestos-containing, they must be treated as such. When 
communicating information to employees pursuant to this standard, owners 
and employers shall identify ``PACM'' as ACM. Additional requirements 
relating to communication of asbestos work on multi- employer worksites 
are set out in paragraph (d) of this standard.

    (2) Duties of building/vessel and facility owners. (i) Before work 
subject to this standard is begun, building/vessel and facility owners 
shall determine the presence, location, and quantity of ACM and/or PACM 
at the work site pursuant to paragraph (k)(1) of this section.

[[Page 125]]

    (ii) Building/vessel and/or facility owners shall notify the 
following persons of the presence, location and quantity of ACM or PACM, 
at work sites in their buildings/facilities/vessels. Notification either 
shall be in writing or shall consist of a personal communication between 
the owner and the person to whom notification must be given or their 
authorized representatives:
    (A) Prospective employers applying or bidding for work whose 
employees reasonably can be expected to work in or adjacent to areas 
containing such material;
    (B) Employees of the owner who will work in or adjacent to areas 
containing such material:
    (C) On multi-employer worksites, all employers of employees who will 
be performing work within or adjacent to areas containing such 
materials;
    (D) Tenants who will occupy areas containing such materials.
    (3) Duties of employers whose employees perform work subject to this 
standard in or adjacent to areas containing ACM and PACM. Building/
vessel and facility owners whose employees perform such work shall 
comply with these provisions to the extent applicable.
    (i) Before work in areas containing ACM and PACM is begun, employers 
shall identify the presence, location, and quantity of ACM, and/or PACM 
therein pursuant to paragraph (k)(1) of this section.
    (ii) Before work under this standard is performed employers of 
employees who will perform such work shall inform the following persons 
of the location and quantity of ACM and/or PACM present at the work site 
and the precautions to be taken to insure that airborne asbestos is 
confined to the area.
    (A) Owners of the building/vessel or facility;
    (B) Employees who will perform such work and employers of employees 
who work and/or will be working in adjacent areas;
    (iii) Within 10 days of the completion of such work, the employer 
whose employees have performed work subject to this standard, shall 
inform the building/vessel or facility owner and employers of employees 
who will be working in the area of the current location and quantity of 
PACM and/or ACM remaining in the former regulated area and final 
monitoring results, if any.
    (4) In addition to the above requirements, all employers who 
discover ACM and/or PACM on a work site shall convey information 
concerning the presence, location and quantity of such newly discovered 
ACM and/or PACM to the owner and to other employers of employees working 
at the work site, within 24 hours of the discovery.
    (5) Criteria to rebut the designation of installed material as PACM. 
(i) At any time, an employer and/or building/vessel owner may 
demonstrate, for purposes of this standard, that PACM does not contain 
asbestos. Building/vessel owners and/or employers are not required to 
communicate information about the presence of building material for 
which such a demonstration pursuant to the requirements of paragraph 
(k)(5)(ii) of this section has been made. However, in all such cases, 
the information, data and analysis supporting the determination that 
PACM does not contain asbestos, shall be retained pursuant to paragraph 
(n) of this section.
    (ii) An employer or owner may demonstrate that PACM does not contain 
more than 1% asbestos by the following:
    (A) Having a completed inspection conducted pursuant to the 
requirements of AHERA (40 CFR part 763, subpart E) which demonstrates 
that the material is not ACM; or
    (B) Performing tests of the material containing PACM which 
demonstrate that no ACM is present in the material. Such tests shall 
include analysis of bulk samples collected in the manner described in 40 
CFR 763.86. The tests, evaluation and sample collection shall be 
conducted by an accredited inspector or by a CIH. Analysis of samples 
shall be performed by persons or laboratories with proficiency 
demonstrated by current successful participation in a nationally 
recognized testing program such as the National Voluntary Laboratory 
Accreditation Program (NVLAP) or the National Institute for Standards 
and Technology (NIST) or the Round Robin for bulk samples administered 
by the American Industrial Hygiene Association (AIHA),

[[Page 126]]

or an equivalent nationally-recognized round robin testing program..
    (iii) The employer and/or building/vessel owner may demonstrate that 
flooring material including associated mastic and backing does not 
contain asbestos, by a determination of an industrial hygienist based 
upon recognized analytical techniques showing that the material is not 
ACM.
    (6) At the entrance to mechanical rooms/areas in which employees 
reasonably can be expected to enter and which contain ACM and/or PACM, 
the building/vessel owner shall post signs which identify the material 
which is present, its location, and appropriate work practices which, if 
followed, will ensure that ACM and/or PACM will not be disturbed. The 
employer shall ensure, to the extent feasible, that employees who come 
in contact with these signs can comprehend them. Means to ensure 
employee comprehension may include the use of foreign languages, 
pictographs, graphics, and awareness training.
    (7) Signs. (i) Warning signs that demarcate the regulated area shall 
be provided and displayed at each location where a regulated area is 
required to be established by paragraph (e) of this section. Signs shall 
be posted at such a distance from such a location that an employee may 
read the signs and take necessary protective steps before entering the 
area marked by the signs.
    (ii)(A) The warning signs required by paragraph (k)(7) of this 
section shall bear the following information:

                                 DANGER

                                ASBESTOS

                     CANCER AND LUNG DISEASE HAZARD

                        AUTHORIZED PERSONNEL ONLY

    (B) In addition, where the use of respirators and protective 
clothing is required in the regulated area under this section, the 
warning signs shall include the following:

      RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA

    (iii) The employer shall ensure that employees working in and 
contiguous to regulated areas comprehend the warning signs required to 
be posted by paragraph (k)(7)(i) of this section. Means to ensure 
employee comprehension may include the use of foreign languages, 
pictographs and graphics.
    (8) Labels. (i) Labels shall be affixed to all products containing 
asbestos and to all containers containing such products, including waste 
containers. Where feasible, installed asbestos products shall contain a 
visible label.
    (ii) Labels shall be printed in large, bold letters on a contrasting 
background.
    (iii) Labels shall be used in accordance with the requirements of 29 
CFR 1910.1200(f) of OSHA's Hazard Communication standard, and shall 
contain the following information:

                                 DANGER

                        CONTAINS ASBESTOS FIBERS

                           AVOID CREATING DUST

                     CANCER AND LUNG DISEASE HAZARD

    (iv) [Reserved]
    (v) Labels shall contain a warning statement against breathing 
asbestos fibers.
    (vi) The provisions for labels required by paragraphs (k)(8) (i) 
through (k)(8) (iii) of this section do not apply where:
    (A) Asbestos fibers have been modified by a bonding agent, coating, 
binder, or other material, provided that the manufacturer can 
demonstrate that, during any reasonably foreseeable use, handling, 
storage, disposal, processing, or transportation, no airborne 
concentrations of asbestos fibers in excess of the permissible exposure 
limit and/or excursion limit will be released, or
    (B) Asbestos is present in a product in concentrations less than 1.0 
percent.
    (vii) When a building/vessel owner or employer identifies previously 
installed PACM and/or ACM, labels or signs shall be affixed or posted so 
that

[[Page 127]]

employees will be notified of what materials contain PACM and/or ACM. 
The employer shall attach such labels in areas where they will clearly 
be noticed by employees who are likely to be exposed, such as at the 
entrance to mechanical room/areas. Signs required by paragraph (k)(6) of 
this section may be posted in lieu of labels so long as they contain 
information required for labelling. The employer shall ensure, to the 
extent feasible, that employees who come in contact with these signs or 
labels can comprehend them. Means to ensure employee comprehension may 
include the use of foreign languages, pictographs, graphics, and 
awareness training.
    (9) Employee information and training. (i) The employer shall, at no 
cost to the employee, institute a training program for all employees who 
are likely to be exposed in excess of a PEL and for all employees who 
perform Class I through IV asbestos operations, and shall ensure their 
participation in the program.
    (ii) Training shall be provided prior to or at the time of initial 
assignment and at least annually thereafter.
    (iii) Training for Class I operations and for Class II operations 
that require the use of critical barriers (or equivalent isolation 
methods) and/or negative pressure enclosures under this section shall be 
the equivalent in curriculum, training method and length to the EPA 
Model Accreditation Plan (MAP) asbestos abatement workers training (40 
CFR part 763, subpart E, appendix C).
    (iv) Training for other Class II work.
    (A) For work with asbestos containing roofing materials, flooring 
materials, siding materials, ceiling tiles, or transite panels, training 
shall include at a minimum all the elements included in paragraph 
(k)(9)(viii) of this section and in addition, the specific work 
practices and engineering controls set forth in paragraph (g) of this 
section which specifically relate to that category. Such course shall 
include ``hands-on'' training and shall take at least 8 hours.
    (B) An employee who works with more than one of the categories of 
material specified in paragraph (k)(9)(iv)(A) of this section shall 
receive training in the work practices applicable to each category of 
material that the employee removes and each removal method that the 
employee uses.
    (C) For Class II operations not involving the categories of material 
specified in paragraph (k)(9)(iv)(A) of this section, training shall be 
provided which shall include at a minimum all the elements included in 
paragraph (k)(9)(viii) of this section and in addition, the specific 
work practices and engineering controls set forth in paragraph (g) of 
this section which specifically relate to the category of material being 
removed, and shall include ``hands-on'' training in the work practices 
applicable to each category of material that the employee removes and 
each removal method that the employee uses.
    (v) Training for Class III employees shall be consistent with EPA 
requirements for training of local education agency maintenance and 
custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall 
also include ``hands-on'' training and shall take at least 16 hours. 
Exception: For Class III operations for which the competent person 
determines that the EPA curriculum does not adequately cover the 
training needed to perform that activity, training shall include as a 
minimum all the elements included in paragraph (k)(9)(viii) of this 
section and in addition, the specific work practices and engineering 
controls set forth in paragraph (g) of this section which specifically 
relate to that activity, and shall include ``hands-on'' training in the 
work practices applicable to each category of material that the employee 
disturbs.
    (vi) Training for employees performing Class IV operations shall be 
consistent with EPA requirements for training of local education agency 
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). 
Such a course shall include available information concerning the 
locations of thermal system insulation and surfacing ACM/PACM, and 
asbestos-containing flooring material, or flooring material where the 
absence of asbestos has not yet been certified; and instruction in 
recognition of damage, deterioration,

[[Page 128]]

and delamination of asbestos containing building materials. Such course 
shall take at least 2 hours.
    (vii) Training for employees who are likely to be exposed in excess 
of the PEL and who are not otherwise required to be trained under 
paragraph (k)(9) (iii) through (vi) of this section, shall meet the 
requirements of paragraph (k)(9)(viii) of this section.
    (viii) The training program shall be conducted in a manner that the 
employee is able to understand. In addition to the content required by 
provisions in paragraphs (k)(9) (iii) through (vi) of this section, the 
employer shall ensure that each such employee is informed of the 
following:
    (A) Methods of recognizing asbestos, including the requirement in 
paragraph (k)(1) of this section to presume that certain building 
materials contain asbestos;
    (B) The health effects associated with asbestos exposure;
    (C) The relationship between smoking and asbestos in producing lung 
cancer;
    (D) The nature of operations that could result in exposure to 
asbestos, the importance of necessary protective controls to minimize 
exposure including, as applicable, engineering controls, work practices, 
respirators, housekeeping procedures, hygiene facilities, protective 
clothing, decontamination procedures, emergency procedures, and waste 
disposal procedures, and any necessary instruction in the use of these 
controls and procedures; where Class III and IV work will be or is 
performed, the contents of EPA 20T-2003, ``Managing Asbestos In-Place'' 
July 1990 or its equivalent in content;
    (E) The purpose, proper use, fitting instructions, and limitations 
of respirators as required by 29 CFR 1910.134;
    (F) The appropriate work practices for performing the asbestos job;
    (G) Medical surveillance program requirements;
    (H) The content of this standard including appendices;
    (I) The names, addresses and phone numbers of public health 
organizations which provide information, materials and/or conduct 
programs concerning smoking cessation. The employer may distribute the 
list of such organizations contained in appendix J to this section, to 
comply with this requirement; and
    (J) The requirements for posting signs and affixing labels and the 
meaning of the required legends for such signs and labels.
    (10) Access to training materials. (i) The employer shall make 
readily available to affected employees without cost, written materials 
relating to the employee training program, including a copy of this 
regulation.
    (ii) The employer shall provide to the Assistant Secretary and the 
Director, upon request, all information and training materials relating 
to the employee information and training program.
    (iii) The employer shall inform all employees concerning the 
availability of self-help smoking cessation program material. Upon 
employee request, the employer shall distribute such material, 
consisting of NIH Publication No, 89-1647, or equivalent self-help 
material, which is approved or published by a public health organization 
listed in appendix J to this section.
    (l) Housekeeping--(1) Vacuuming. Where vacuuming methods are 
selected, HEPA filtered vacuuming equipment must be used. The equipment 
shall be used and emptied in a manner that minimizes the reentry of 
asbestos into the workplace.
    (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, 
equipment, and contaminated clothing consigned for disposal shall be 
collected and disposed of in sealed, labeled, impermeable bags or other 
closed, labeled, impermeable containers except in roofing operations, 
where the procedures specified in paragraph (g)(8)(ii) of this section 
apply.
    (3) Care of asbestos-containing flooring/deck material. (i) All 
vinyl and asphalt flooring/deck material shall be maintained in 
accordance with this paragraph unless the building/facility owner 
demonstrates, pursuant to paragraph (g)(8)(i)(I) of this section that 
the flooring/deck does not contain asbestos.
    (ii) Sanding of flooring/deck material is prohibited.
    (iii) Stripping of finishes shall be conducted using low abrasion 
pads at

[[Page 129]]

speeds lower than 300 rpm and wet methods.
    (iv) Burnishing or dry buffing may be performed only on flooring/
deck which has sufficient finish so that the pad cannot contact the 
flooring/deck material.
    (4) Waste and debris and accompanying dust in an area containing 
accessible thermal system insulation or surfacing ACM/PACM or visibly 
deteriorated ACM:
     (i) Shall not be dusted or swept dry, or vacuumed without using a 
HEPA filter;
    (ii) Shall be promptly cleaned up and disposed of in leak tight 
containers.
    (m) Medical surveillance--(1) General--(i) Employees covered. (A) 
The employer shall institute a medical surveillance program for all 
employees who for a combined total of 30 or more days per year are 
engaged in Class I, II and III work or are exposed at or above a 
permissible exposure limit. For purposes of this paragraph, any day in 
which a worker engages in Class II or Class III operations or a 
combination thereof on intact material for one hour or less (taking into 
account the entire time spent on the removal operation, including 
cleanup) and, while doing so, adheres fully to the work practices 
specified in this standard, shall not be counted.
    (B) For employees otherwise required by this standard to wear a 
negative pressure respirator, employers shall ensure employees are 
physically able to perform the work and use the equipment. This 
determination shall be made under the supervision of a physician.
    (ii) Examination. (A) The employer shall ensure that all medical 
examinations and procedures are performed by or under the supervision of 
a licensed physician, and are provided at no cost to the employee and at 
a reasonable time and place.
    (B) Persons other than such licensed physicians who administer the 
pulmonary function testing required by this section shall complete a 
training course in spirometry sponsored by an appropriate academic or 
professional institution.
    (2) Medical examinations and consultations--(i) Frequency. The 
employer shall make available medical examinations and consultations to 
each employee covered under paragraph (m)(1)(i) of this section on the 
following schedules:
    (A) Prior to assignment of the employee to an area where negative-
pressure respirators are worn;
    (B) When the employee is assigned to an area where exposure to 
asbestos may be at or above the permissible exposure limit for 30 or 
more days per year, or engage in Class I, II, or III work for a combined 
total of 30 or more days per year, a medical examination must be given 
within 10 working days following the thirtieth day of exposure;
    (C) And at least annually thereafter.
    (D) If the examining physician determines that any of the 
examinations should be provided more frequently than specified, the 
employer shall provide such examinations to affected employees at the 
frequencies specified by the physician.
    (E) Exception: No medical examination is required of any employee if 
adequate records show that the employee has been examined in accordance 
with this paragraph within the past 1-year period.
    (ii) Content. Medical examinations made available pursuant to 
paragraphs (m)(2)(i) (A) through (m)(2)(i) (C) of this section shall 
include:
    (A) A medical and work history with special emphasis directed to the 
pulmonary, cardiovascular, and gastrointestinal systems.
    (B) On initial examination, the standardized questionnaire contained 
in part 1 of appendix D to this section and, on annual examination, the 
abbreviated standardized questionnaire contained in part 2 of appendix D 
to this section.
    (C) A physical examination directed to the pulmonary and 
gastrointestinal systems, including a chest x-ray to be administered at 
the discretion of the physician, and pulmonary function tests of forced 
vital capacity (FVC) and forced expiratory volume at one second 
(FEV(1)). Interpretation and classification of chest roentgenogram shall 
be conducted in accordance with appendix E to this section.
    (D) Any other examinations or tests deemed necessary by the 
examining physician.

[[Page 130]]

    (3) Information provided to the physician. The employer shall 
provide the following information to the examining physician:
    (i) A copy of this standard and appendices D, E, and I to this 
section;
    (ii) A description of the affected employee's duties as they relate 
to the employee's exposure;
    (iii) The employee's representative exposure level or anticipated 
exposure level;
    (iv) A description of any personal protective and respiratory 
equipment used or to be used; and
    (v) Information from previous medical examinations of the affected 
employee that is not otherwise available to the examining physician.
    (4) Physician's written opinion. (i) The employer shall obtain a 
written opinion from the examining physician. This written opinion shall 
contain the results of the medical examination and shall include:
    (A) The physician's opinion as to whether the employee has any 
detected medical conditions that would place the employee at an 
increased risk of material health impairment from exposure to asbestos;
    (B) Any recommended limitations on the employee or on the use of 
personal protective equipment such as respirators; and
    (C) A statement that the employee has been informed by the physician 
of the results of the medical examination and of any medical conditions 
that may result from asbestos exposure.
    (D) A statement that the employee has been informed by the physician 
of the increased risk of lung cancer attributable to the combined effect 
of smoking and asbestos exposure.
    (ii) The employer shall instruct the physician not to reveal in the 
written opinion given to the employer specific findings or diagnoses 
unrelated to occupational exposure to asbestos.
    (iii) The employer shall provide a copy of the physician's written 
opinion to the affected employee within 30 days from its receipt.
    (n) Recordkeeping--(1) Objective data relied on pursuant to 
paragraph (f) of this section. (i) Where the employer has relied on 
objective data that demonstrates that products made from or containing 
asbestos or the activity involving such products or material are not 
capable of releasing fibers of asbestos in concentrations at or above 
the permissible exposure limit and/or excursion limit under the expected 
conditions of processing, use, or handling to satisfy the requirements 
of paragraph (f) of this section, the employer shall establish and 
maintain an accurate record of objective data reasonably relied upon in 
support of the exemption.
    (ii) The record shall include at least the following information:
    (A) The product qualifying for exemption;
    (B) The source of the objective data;
    (C) The testing protocol, results of testing, and/or analysis of the 
material for the release of asbestos;
    (D) A description of the operation exempted and how the data support 
the exemption; and
    (E) Other data relevant to the operations, materials, processing, or 
employee exposures covered by the exemption.
    (iii) The employer shall maintain this record for the duration of 
the employer's reliance upon such objective data.
    (2) Exposure measurements. (i) The employer shall keep an accurate 
record of all measurements taken to monitor employee exposure to 
asbestos as prescribed in paragraph (f) of this section. Note: The 
employer may utilize the services of qualified organizations such as 
industry trade associations and employee associations to maintain the 
records required by this section.
    (ii) This record shall include at least the following information:
    (A) The date of measurement;
    (B) The operation involving exposure to asbestos that is being 
monitored;
    (C) Sampling and analytical methods used and evidence of their 
accuracy;
    (D) Number, duration, and results of samples taken;
    (E) Type of protective devices worn, if any; and
    (F) Name, social security number, and exposure of the employees 
whose exposures are represented.
    (iii) The employer shall maintain this record for at least thirty 
(30) years, in accordance with 29 CFR 1910.20.

[[Page 131]]

    (3) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee subject to medical 
surveillance by paragraph (m) of this section, in accordance with 29 CFR 
1910.20.
    (ii) The record shall include at least the following information:
    (A) The name and social security number of the employee;
    (B) A copy of the employee's medical examination results, including 
the medical history, questionnaire responses, results of any tests, and 
physician's recommendations.
    (C) Physician's written opinions;
    (D) Any employee medical complaints related to exposure to asbestos; 
and
    (E) A copy of the information provided to the physician as required 
by paragraph (m) of this section.
    (iii) The employer shall ensure that this record is maintained for 
the duration of employment plus thirty (30) years, in accordance with 29 
CFR 1910.20.
    (4) Training records. The employer shall maintain all employee 
training records for one (1) year beyond the last date of employment by 
that employer.
    (5) Data to rebut PACM. (i) Where the building owner and employer 
have relied on data to demonstrate that PACM is not asbestos-containing, 
such data shall be maintained for as long as they are relied upon to 
rebut the presumption.
    (ii) [Reserved]
    (6) Records of required notification. (i) Where the building/vessel 
owner has communicated and received information concerning the identity, 
location and quantity of ACM and PACM, written records of such 
notifications and their content shall be maintained by the owner for the 
duration of ownership and shall be transferred to successive owners of 
such buildings/facilities/vessels.
    (ii) [Reserved]
    (7) Availability. (i) The employer, upon written request, shall make 
all records required to be maintained by this section available to the 
Assistant Secretary and the Director for examination and copying.
    (ii) The employer, upon request, shall make any exposure records 
required by paragraphs (f) and (n) of this section available for 
examination and copying to affected employees, former employees, 
designated representatives, and the Assistant Secretary, in accordance 
with 29 CFR 1910.20(a) through (e) and (g) through (i).
    (iii) The employer, upon request, shall make employee medical 
records required by paragraphs (m) and (n) of this section available for 
examination and copying to the subject employee, anyone having the 
specific written consent of the subject employee, and the Assistant 
Secretary, in accordance with 29 CFR 1910.20.
    (8) Transfer of records. (i) The employer shall comply with the 
requirements concerning transfer of records set forth in 29 CFR 1910.20 
(h).
    (ii) Whenever the employer ceases to do business and there is no 
successor employer to receive and retain the records for the prescribed 
period, the employer shall notify the Director at least 90 days prior to 
disposal and, upon request, transmit them to the Director.
    (o) Qualified person--(1) General. On all shipyard worksites covered 
by this standard, the employer shall designate a qualified person, 
having the qualifications and authorities for ensuring worker safety and 
health required by subpart C, General Safety and Health Provisions for 
Construction (29 CFR 1926.20 through 1926.32).
    (2) Required inspections by the qualified person. Sec. 1926.20(b)(2) 
which requires health and safety prevention programs to provide for 
frequent and regular inspections of the job sites, materials, and 
equipment to be made by qualified persons, is incorporated.
    (3) Additional inspections. In addition, the qualified person shall 
make frequent and regular inspections of the job sites, in order to 
perform the duties set out in paragraph (o)(3)(i) of this section. For 
Class I jobs, on-site inspections shall be made at least once during 
each work shift, and at any time at employee request. For Class II, III 
and IV jobs, on-site inspections shall be made at intervals sufficient 
to assess whether conditions have changed, and at any reasonable time at 
employee request.

[[Page 132]]

    (i) On all worksites where employees are engaged in Class I or II 
asbestos work, the qualified person designated in accordance with 
paragraph (e)(6) of this section shall perform or supervise the 
following duties, as applicable:
    (A) Set up the regulated area, enclosure, or other containment;
    (B) Ensure (by on-site inspection) the integrity of the enclosure or 
containment;
    (C) Set up procedures to control entry to and exit from the 
enclosure and/or area;
    (D) Supervise all employee exposure monitoring required by this 
section and ensure that it is conducted as required by paragraph (f) of 
this section;
    (E) Ensure that employees working within the enclosure and/or using 
glove bags wear respirators and protective clothing as required by 
paragraphs (h) and (i) of this section;
    (F) Ensure through on-site supervision, that employees set up, use, 
and remove engineering controls, use work practices and personal 
protective equipment in compliance with all requirements;
    (G) Ensure that employees use the hygiene facilities and observe the 
decontamination procedures specified in paragraph (j) of this section;
    (H) Ensure that through on-site inspection, engineering controls are 
functioning properly and employees are using proper work practices; and
    (I) Ensure that notification requirements in paragraph (k) of this 
section are met.
    (4) Training for the competent person. (i) For Class I and II 
asbestos work the qualified person shall be trained in all aspects of 
asbestos removal and handling, including: Abatement, installation, 
removal and handling; the contents of this standard; the identification 
of asbestos; removal procedures, where appropriate; and other practices 
for reducing the hazard. Such training shall be obtained in a 
comprehensive course for supervisors, that meets the criteria of EPA's 
Model Accreditation Plan (40 CFR part 763, subpart E, appendix C), such 
as a course conducted by an EPA-approved or state-approved training 
provider, certified by EPA or a state, or a course equivalent in 
stringency, content, and length.
    (ii) For Class III and IV asbestos work, the qualified person shall 
be trained in aspects of asbestos handling appropriate for the nature of 
the work, to include procedures for setting up glove bags and mini-
enclosures, practices for reducing asbestos exposures, use of wet 
methods, the contents of this standard, and the identification of 
asbestos. Such training shall include successful completion of a course 
that is consistent with EPA requirements for training of local education 
agency maintenance and custodial staff as set forth at 40 CFR 
763.92(a)(2), or its equivalent in stringency, content, and length. 
Qualified persons for Class III and Class IV work may also be trained 
pursuant to the requirements of paragraph (o)(4)(i) of this section.
    (p) Appendices. (1) Appendices A, C, D, and E to this section are 
incorporated as part of this section and the contents of these 
appendices are mandatory.
    (2) Appendices B, F, H, I, J, and K to this section are 
informational and are not intended to create any additional obligations 
not otherwise imposed or to detract from any existing obligations.
    (q) Dates. (1) This standard shall become effective October 11, 
1994.
    (2) The provisions of 29 CFR 1926.58 and 29 CFR 1910.1001 remain in 
effect until the start-up dates of the equivalent provisions of this 
standard.
    (3) Start-up dates. All obligations of this standard commence on the 
effective date except as follows:
    (i) Methods of compliance. The engineering and work practice 
controls required by paragraph (g) of this section shall be implemented 
by October 1, 1995.
    (ii) Respiratory protection. Respiratory protection required by 
paragraph (h) of this section shall be provided by October 1, 1995.
    (iii) Hygiene facilities and practices for employees. Hygiene 
facilities and practices required by paragraph (j) of this section shall 
be provided by October 1, 1995.
    (iv) Communication of hazards. Identification, notification, 
labeling and sign posting, and training required by paragraph (k) of 
this section shall be provided by October 1, 1995.

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    (v) Housekeeping. Housekeeping practices and controls required by 
paragraph (1) of this section shall be provided by October 1, 1995.
    (vi) Medical surveillance required by paragraph (m) of this section 
shall be provided by October 1, 1995.
    (vii) The designation and training of qualified persons required by 
paragraph (o) of this section shall be completed by October 1, 1995.

     Appendix A to Sec. 1915.1001--OSHA Reference Method (Mandatory)

    This mandatory appendix specifies the procedure for analyzing air 
samples for asbestos, and specifies quality control procedures that must 
be implemented by laboratories performing the analysis. The sampling and 
analytical methods described below represent the elements of the 
available monitoring methods (such as appendix B to this section, the 
most current version of the OSHA method ID-160, or the most current 
version of the NIOSH Method 7400) which OSHA considers to be essential 
to achieve adequate employee exposure monitoring while allowing 
employers to use methods that are already established within their 
organizations. All employers who are required to conduct air monitoring 
under paragraph (f) of this section are required to utilize analytical 
laboratories that use this procedure, or an equivalent method, for 
collecting and analyzing samples.

                    Sampling and Analytical Procedure

    1. The sampling medium for air samples shall be mixed cellulose 
ester filter membranes. These shall be designated by the manufacturer as 
suitable for asbestos counting. See below for rejection of blanks.
    2. The preferred collection device shall be the 25-mm diameter 
cassette with an open-faced 50-mm extension cowl. The 37-mm cassette may 
be used if necessary but only if written justification for the need to 
use the 37-mm filter cassette accompanies the sample results in the 
employee's exposure monitoring record. Other cassettes such as the Bell-
mouth may be used within the limits of their validation. Do not reuse or 
reload cassettes for asbestos sample collection.
    3. An air flow rate between 0.5 liter/min and 5 liters/min shall be 
selected for the 25-mm cassette. If the 37-mm cassette is used, an air 
flow rate between 1 liter/min and 5 liters/min shall be selected.
    4. Where possible, a sufficient air volume for each air sample shall 
be collected to yield between 100 and 1,300 fibers per square millimeter 
on the membrane filter. If a filter darkens in appearance or if loose 
dust is seen on the filter, a second sample shall be started.
    5. Ship the samples in a rigid container with sufficient packing 
material to prevent dislodging the collected fibers. Packing material 
that has a high electrostatic charge on its surface (e.g., expanded 
polystyrene) cannot be used because such material can cause loss of 
fibers to the sides of the cassette.
    6. Calibrate each personal sampling pump before and after use with a 
representative filter cassette installed between the pump and the 
calibration devices.
    7. Personal samples shall be taken in the ``breathing zone'' of the 
employee (i.e., attached to or near the collar or lapel near the 
worker's face).
    8. Fiber counts shall be made by positive phase contrast using a 
microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a 
total magnification of approximately 400 X and a numerical aperture of 
0.65 to 0.75. The microscope shall also be fitted with a green or blue 
filter.
    9. The microscope shall be fitted with a Walton-Beckett eyepiece 
graticule calibrated for a field diameter of 100 micrometers (+/- 2 
micrometers).
    10. The phase-shift detection limit of the microscope shall be about 
3 degrees measured using the HSE phase shift test slide as outlined 
below.
    a. Place the test slide on the microscope stage and center it under 
the phase objective.
    b. Bring the blocks of grooved lines into focus.

    Note: The slide consists of seven sets of grooved lines (ca. 20 
grooves to each block) in descending order of visibility from sets 1 to 
7, seven being the least visible. The requirements for asbestos, 
tremolite, anthophyllite, and actinolite counting are that the 
microscope optics must resolve the grooved lines in set 3 completely, 
although they may appear somewhat faint, and that the grooved lines in 
sets 6 and 7 must be invisible. Sets 4 and 5 must be at least partially 
visible but may vary slightly in visibility between microscopes. A 
microscope that fails to meet these requirements has either too low or 
too high a resolution to be used for asbestos, tremolite, anthophyllite, 
and actinolite counting.
    c. If the image deteriorates, clean and adjust the microscope 
optics. If the problem persists, consult the microscope manufacturer.
    11. Each set of samples taken will include 10% field blanks or a 
minimum of 2 field blanks. These blanks must come from the same lot as 
the filters used for sample collection. The field blank results shall be 
averaged and subtracted from the analytical results before reporting. A 
set consists of any sample or group of samples for which an evaluation 
for this standard must be made.

[[Page 134]]

Any samples represented by a field blank having a fiber count in excess 
of the detection limit of the method being used shall be rejected.
    12. The samples shall be mounted by the acetone/triacetin method or 
a method with an equivalent index of refraction and similar clarity.
    13. Observe the following counting rules.
    a. Count only fibers equal to or longer than 5 micrometers. Measure 
the length of curved fibers along the curve.
    b. In the absence of other information, count all particles as 
asbestos that have a length-to-width ratio (aspect ratio) of 3 to 1 or 
greater.
    c. Fibers lying entirely within the boundary of the Walton-Beckett 
graticule field shall receive a count of 1. Fibers crossing the boundary 
once, having one end within the circle, shall receive the count of one 
half (\1/2\). Do not count any fiber that crosses the graticule boundary 
more than once. Reject and do not count any other fibers even though 
they may be visible outside the graticule area.
    d. Count bundles of fibers as one fiber unless individual fibers can 
be identified by observing both ends of an individual fiber.
    e. Count enough graticule fields to yield 100 fibers. Count a 
minimum of 20 fields; stop counting at 100 fields regardless of fiber 
count.
    14. Blind recounts shall be conducted at the rate of 10 percent.

                       Quality Control Procedures

    1. Intra-laboratory program. Each laboratory and/or each company 
with more than one microscopist counting slides shall establish a 
statistically designed quality assurance program involving blind 
recounts and comparisons between microscopists to monitor the 
variability of counting by each microscopist and between microscopists. 
In a company with more than one laboratory, the program shall include 
all laboratories and shall also evaluate the laboratory-to-laboratory 
variability.
    2. a. Interlaboratory program. Each laboratory analyzing asbestos, 
tremolite, anthophyllite, and actinolite samples for compliance 
determination shall implement an interlaboratory quality assurance 
program that as a minimum includes participation of at least two other 
independent laboratories. Each laboratory shall participate in round 
robin testing at least once every 6 months with at least all the other 
laboratories in its interlaboratory quality assurance group. Each 
laboratory shall submit slides typical of its own work load for use in 
this program. The round robin shall be designed and results analyzed 
using appropriate statistical methodology.
    b. All laboratories should participate in a national sample testing 
scheme such as the Proficiency Analytical Testing Program (PAT), the 
Asbestos Registry sponsored by the American Industrial Hygiene 
Association (AIHA).
    3. All individuals performing asbestos, tremolite, anthophyllite, 
and actinolite analysis must have taken the NIOSH course for sampling 
and evaluating airborne asbestos, tremolite, anthophyllite, and 
actinolite dust or an equivalent course.
    4. When the use of different microscopes contributes to differences 
between counters and laboratories, the effect of the different 
microscope shall be evaluated and the microscope shall be replaced, as 
necessary.
    5. Current results of these quality assurance programs shall be 
posted in each laboratory to keep the microscopists informed.

Appendix B to Sec. 1915.1001--Detailed Procedures for Asbestos Sampling 
                      and Analysis (Non-mandatory)

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Matrix:                                   Air                           
  OSHA Permissible Exposure Limits:                                     
    Time Weighted Average...............  0.1 fiber/cc                  
    Excursion Level (30 minutes)........  1.0 fiber/cc                  
Collection Procedure:                                                   
    A known volume of air is drawn through a 25-mm diameter cassette    
containing a mixed-cellulose ester filter. The cassette must be equipped
 with an electrically conductive 50-mm extension cowl. The sampling time
   and rate are chosen to give a fiber density of between 100 to 1,300  
                        fibers/mm2 on the filter.                       
Recommended Sampling Rate...............  0.5 to 5.0 liters/minute (L/  
                                           min)                         
Recommended Air Volumes:                                                
    Minimum.............................  25 L                          
    Maximum.............................  2,400 L                       
------------------------------------------------------------------------

    Analytical Procedure: A portion of the sample filter is cleared and 
prepared for asbestos fiber counting by Phase Contrast Microscopy (PCM) 
at 400X.
    Commercial manufacturers and products mentioned in this method are 
for descriptive use only and do not constitute endorsements

[[Page 135]]

by USDOL-OSHA. Similar products from other sources can be substituted.

                             1. Introduction

    This method describes the collection of airborne asbestos fibers 
using calibrated sampling pumps with mixed-cellulose ester (MCE) filters 
and analysis by phase contrast microscopy (PCM). Some terms used are 
unique to this method and are defined below: Asbestos: A term for 
naturally occurring fibrous minerals. Asbestos includes chrysotile, 
crocidolite, amosite (cummingtonite-grunerite asbestos), tremolite 
asbestos, actinolite asbestos, anthophyllite asbestos, and any of these 
minerals that have been chemically treated and/or altered. The precise 
chemical formulation of each species will vary with the location from 
which it was mined. Nominal compositions are listed:

Chrysotile................................  Mg3Si2O5(OH)4               
Crocidolite...............................  Na2Fe32+Fe23+Si8O22(OH)2    
Amosite...................................  (Mg,Fe)7Si8O22(OH)2         
Tremolite-actinolite......................  Ca2(Mg,Fe)5Si8O22(OH)2      
Anthophyllite.............................  (Mg,Fe)7Si8O22(OH)2         
                                                                        

    Asbestos Fiber: A fiber of asbestos which meets the criteria 
specified below for a fiber.
    Aspect Ratio: The ratio of the length of a fiber to it's diameter 
(e.g. 3:1, 5:1 aspect ratios).
    Cleavage Fragments: Mineral particles formed by comminution of 
minerals, especially those characterized by parallel sides and a 
moderate aspect ratio (usually less than 20:1).
    Detection Limit: The number of fibers necessary to be 95% certain 
that the result is greater than zero.
    Differential Counting: The term applied to the practice of excluding 
certain kinds of fibers from the fiber count because they do not appear 
to be asbestos.
    Fiber: A particle that is 5 m or longer, with a length-to-
width ratio of 3 to 1 or longer.
    Field: The area within the graticule circle that is superimposed on 
the microscope image.
    Set: The samples which are taken, submitted to the laboratory, 
analyzed, and for which, interim or final result reports are generated.
    Tremolite, Anthophyllite, and Actinolite: The non-asbestos form of 
these minerals which meet the definition of a fiber. It includes any of 
these minerals that have been chemically treated and/or altered.
    Walton-Beckett Graticule: An eyepiece graticule specifically 
designed for asbestos fiber counting. It consists of a circle with a 
projected diameter of 100  2 m (area of about 
0.00785 mm2) with a crosshair having tic-marks at 3-
m intervals in one direction and 5-m in the orthogonal 
direction. There are marks around the periphery of the circle to 
demonstrate the proper sizes and shapes of fibers. This design is 
reproduced in Figure 1. The disk is placed in one of the microscope 
eyepieces so that the design is superimposed on the field of view.

                              1.1. History

    Early surveys to determine asbestos exposures were conducted using 
impinger counts of total dust with the counts expressed as million 
particles per cubic foot. The British Asbestos Research Council 
recommended filter membrane counting in 1969. In July 1969, the Bureau 
of Occupational Safety and Health published a filter membrane method for 
counting asbestos fibers in the United States. This method was refined 
by NIOSH and published as P & CAM 239. On May 29, 1971, OSHA specified 
filter membrane sampling with phase contrast counting for evaluation of 
asbestos exposures at work sites in the United States. The use of this 
technique was again required by OSHA in 1986. Phase contrast microscopy 
has continued to be the method of choice for the measurement of 
occupational exposure to asbestos.

                             1.2. Principle

    Air is drawn through a MCE filter to capture airborne asbestos 
fibers. A wedge shaped portion of the filter is removed, placed on a 
glass microscope slide and made transparent. A measured area (field) is 
viewed by PCM. All the fibers meeting defined criteria for asbestos are 
counted and considered a measure of the airborne asbestos concentration.

                    1.3. Advantages and Disadvantages

    There are four main advantages of PCM over other methods:
    (1) The technique is specific for fibers. Phase contrast is a fiber 
counting technique which excludes non-fibrous particles from the 
analysis.
    (2) The technique is inexpensive and does not require specialized 
knowledge to carry out the analysis for total fiber counts.
    (3) The analysis is quick and can be performed on-site for rapid 
determination of air concentrations of asbestos fibers.
    (4) The technique has continuity with historical epidemiological 
studies so that estimates of expected disease can be inferred from long-
term determinations of asbestos exposures.
    The main disadvantage of PCM is that it does not positively identify 
asbestos fibers. Other fibers which are not asbestos may be included in 
the count unless differential counting is performed. This requires a 
great

[[Page 136]]

deal of experience to adequately differentiate asbestos from non-
asbestos fibers. Positive identification of asbestos must be performed 
by polarized light or electron microscopy techniques. A further 
disadvantage of PCM is that the smallest visible fibers are about 0.2 
m in diameter while the finest asbestos fibers may be as small 
as 0.02 m in diameter. For some exposures, substantially more 
fibers may be present than are actually counted.

                         1.4. Workplace Exposure

    Asbestos is used by the construction industry in such products as 
shingles, floor tiles, asbestos cement, roofing felts, insulation and 
acoustical products. Non-construction uses include brakes, clutch 
facings, paper, paints, plastics, and fabrics. One of the most 
significant exposures in the workplace is the removal and encapsulation 
of asbestos in schools, public buildings, and homes. Many workers have 
the potential to be exposed to asbestos during these operations.
    About 95% of the asbestos in commercial use in the United States is 
chrysotile. Crocidolite and amosite make up most of the remainder. 
Anthophyllite and tremolite or actinolite are likely to be encountered 
as contaminants in various industrial products.

                        1.5. Physical Properties

    Asbestos fiber possesses a high tensile strength along its axis, is 
chemically inert, non-combustible, and heat resistant. It has a high 
electrical resistance and good sound absorbing properties. It can be 
weaved into cables, fabrics or other textiles, and also matted into 
asbestos papers, felts, or mats.

                      2. Range and Detection Limit

    2.1. The ideal counting range on the filter is 100 to 1,300 fibers/
mm2. With a Walton-Beckett graticule this range is equivalent 
to 0.8 to 10 fibers/field. Using NIOSH counting statistics, a count of 
0.8 fibers/field would give an approximate coefficient of variation (CV) 
of 0.13.
    2.2. The detection limit for this method is 4.0 fibers per 100 
fields or 5.5 fibers/mm2. This was determined using an 
equation to estimate the maximum CV possible at a specific concentration 
(95% confidence) and a Lower Control Limit of zero. The CV value was 
then used to determine a corresponding concentration from historical CV 
vs fiber relationships. As an example:

Lower Control Limit (95% Confidence) = AC--1.645(CV)(AC)
Where:

AC = Estimate of the airborne fiber concentration (fibers/cc) Setting 
          the Lower Control Limit = 0 and solving for CV:
0 = AC--1.645(CV)(AC)
CV = 0.61

    This value was compared with CV vs. count curves. The count at which 
CV = 0.61 for Leidel-Busch counting statistics (8.9.) or for an OSHA 
Salt Lake Technical Center (OSHA-SLTC) CV curve (see Appendix A for 
further information) was 4.4 fibers or 3.9 fibers per 100 fields, 
respectively. Although a lower detection limit of 4 fibers per 100 
fields is supported by the OSHA-SLTC data, both data sets support the 
4.5 fibers per 100 fields value.

              3. Method Performance--Precision and Accuracy

    Precision is dependent upon the total number of fibers counted and 
the uniformity of the fiber distribution on the filter. A general rule 
is to count at least 20 and not more than 100 fields. The count is 
discontinued when 100 fibers are counted, provided that 20 fields have 
already been counted. Counting more than 100 fibers results in only a 
small gain in precision. As the total count drops below 10 fibers, an 
accelerated loss of precision is noted.
    At this time, there is no known method to determine the absolute 
accuracy of the asbestos analysis. Results of samples prepared through 
the Proficiency Analytical Testing (PAT) Program and analyzed by the 
OSHA-SLTC showed no significant bias when compared to PAT reference 
values. The PAT samples were analyzed from 1987 to 1989 (N=36) and the 
concentration range was from 120 to 1,300 fibers/mm2.

                            4. Interferences

    Fibrous substances, if present, may interfere with asbestos 
analysis.
    Some common fibers are:

fiberglass
anhydrate
plant fibers
perlite veins
gypsum
some synthetic fibers
membrane structures
sponge spicules
diatoms
microorganism
wollastonite

    The use of electron microscopy or optical tests such as polarized 
light, and dispersion staining may be used to differentiate these 
materials from asbestos when necessary.

                               5. Sampling

                             5.1. Equipment

    5.1.1. Sample assembly (The assembly is shown in Figure 3). 
Conductive filter holder consisting of a 25-mm diameter, 3-piece 
cassette having a 50-mm long electrically conductive extension cowl. 
Backup pad, 25-mm, cellulose. Membrane filter, mixed-cellulose

[[Page 137]]

ester (MCE), 25-mm, plain, white, 0.4 to 1.2-m pore size.

    Notes: (a) DO NOT RE-USE CASSETTES.
    (b) Fully conductive cassettes are required to reduce fiber loss to 
the sides of the cassette due to electrostatic attraction.
    (c) Purchase filters which have been selected by the manufacturer 
for asbestos counting or analyze representative filters for fiber 
background before use. Discard the filter lot if more than 4 fibers/100 
fields are found.
    (d) To decrease the possibility of contamination, the sampling 
system (filter-backup pad-cassette) for asbestos is usually preassembled 
by the manufacturer.
    (e) Other cassettes, such as the Bell-mouth, may be used within the 
limits of their validation.

    5.1.2. Gel bands for sealing cassettes.
    5.1.3. Sampling pump.
    Each pump must be a battery operated, self-contained unit small 
enough to be placed on the monitored employee and not interfere with the 
work being performed. The pump must be capable of sampling at the 
collection rate for the required sampling time.
    5.1.4. Flexible tubing, 6-mm bore.
    5.1.5. Pump calibration.
    Stopwatch and bubble tube/burette or electronic meter.

                         5.2. Sampling Procedure

    5.2.1. Seal the point where the base and cowl of each cassette meet 
with a gel band or tape.
    5.2.2. Charge the pumps completely before beginning.
    5.2.3. Connect each pump to a calibration cassette with an 
appropriate length of 6-mm bore plastic tubing. Do not use luer 
connectors--the type of cassette specified above has built-in adapters.
    5.2.4. Select an appropriate flow rate for the situation being 
monitored. The sampling flow rate must be between 0.5 and 5.0 L/min for 
personal sampling and is commonly set between 1 and 2 L/min. Always 
choose a flow rate that will not produce overloaded filters.
    5.2.5. Calibrate each sampling pump before and after sampling with a 
calibration cassette in-line (Note: This calibration cassette should be 
from the same lot of cassettes used for sampling). Use a primary 
standard (e.g. bubble burette) to calibrate each pump. If possible, 
calibrate at the sampling site.

    Note: If sampling site calibration is not possible, environmental 
influences may affect the flow rate. The extent is dependent on the type 
of pump used. Consult with the pump manufacturer to determine dependence 
on environmental influences. If the pump is affected by temperature and 
pressure changes, correct the flow rate by using the formula shown in 
the section ``Sampling Pump Flow Rate Corrections'' at the end of this 
appendix.

    5.2.6. Connect each pump to the base of each sampling cassette with 
flexible tubing. Remove the end cap of each cassette and take each air 
sample open face. Assure that each sample cassette is held open side 
down in the employee's breathing zone during sampling. The distance from 
the nose/mouth of the employee to the cassette should be about 10 cm. 
Secure the cassette on the collar or lapel of the employee using spring 
clips or other similar devices.
    5.2.7. A suggested minimum air volume when sampling to determine TWA 
compliance is 25 L. For Excursion Limit (30 min sampling time) 
evaluations, a minimum air volume of 48 L is recommended.
    5.2.8. The most significant problem when sampling for asbestos is 
overloading the filter with non-asbestos dust. Suggested maximum air 
sample volumes for specific environments are:

------------------------------------------------------------------------
                 Environment                         Air vol. (L)       
------------------------------------------------------------------------
Asbestos removal operations (visible dust)..  100                       
Asbestos removal operations (little dust)...  240                       
Office environments.........................  400 to 2,400              
------------------------------------------------------------------------

    Caution: Do not overload the filter with dust. High levels of non-
fibrous dust particles may obscure fibers on the filter and lower the 
count or make counting impossible. If more than about 25 to 30% of the 
field area is obscured with dust, the result may be biased low. Smaller 
air volumes may be necessary when there is excessive non-asbestos dust 
in the air.
    While sampling, observe the filter with a small flashlight. If there 
is a visible layer of dust on the filter, stop sampling, remove and seal 
the cassette, and replace with a new sampling assembly. The total dust 
loading should not exceed 1 mg.
    5.2.9. Blank samples are used to determine if any contamination has 
occurred during sample handling. Prepare two blanks for the first 1 to 
20 samples. For sets containing greater than 20 samples, prepare blanks 
as 10% of the samples. Handle blank samples in the same manner as air 
samples with one exception: Do not draw any air through the blank 
samples. Open the blank cassette in the place where the sample cassettes 
are mounted on the employee. Hold it open for about 30 seconds. Close 
and seal the cassette appropriately. Store blanks for shipment with the 
sample cassettes.
    5.2.10. Immediately after sampling, close and seal each cassette 
with the base and plastic plugs. Do not touch or puncture the filter 
membrane as this will invalidate the analysis.
    5.2.11  Attach and secure a sample seal around each sample cassette 
in such a way

[[Page 138]]

as to assure that the end cap and base plugs cannot be removed without 
destroying the seal. Tape the ends of the seal together since the seal 
is not long enough to be wrapped end-to-end. Also wrap tape around the 
cassette at each joint to keep the seal secure.

                          5.3. Sample Shipment

    5.3.1. Send the samples to the laboratory with paperwork requesting 
asbestos analysis. List any known fibrous interferences present during 
sampling on the paperwork. Also, note the workplace operation(s) 
sampled.
    5.3.2. Secure and handle the samples in such that they will not 
rattle during shipment nor be exposed to static electricity. Do not ship 
samples in expanded polystyrene peanuts, vermiculite, paper shreds, or 
excelsior. Tape sample cassettes to sheet bubbles and place in a 
container that will cushion the samples in such a manner that they will 
not rattle.
    5.3.3. To avoid the possibility of sample contamination, always ship 
bulk samples in separate mailing containers.

                               6. Analysis

                         6.1. Safety Precautions

    6.1.1. Acetone is extremely flammable and precautions must be taken 
not to ignite it. Avoid using large containers or quantities of acetone. 
Transfer the solvent in a ventilated laboratory hood. Do not use acetone 
near any open flame. For generation of acetone vapor, use a spark free 
heat source.
    6.1.2. Any asbestos spills should be cleaned up immediately to 
prevent dispersal of fibers. Prudence should be exercised to avoid 
contamination of laboratory facilities or exposure of personnel to 
asbestos. Asbestos spills should be cleaned up with wet methods and/or a 
High Efficiency Particulate-Air (HEPA) filtered vacuum.
    Caution: Do not use a vacuum without a HEPA filter--It will disperse 
fine asbestos fibers in the air.

                             6.2. Equipment

    6.2.1. Phase contrast microscope with binocular or trinocular head.
    6.2.2. Widefield or Huygenian 10X eyepieces (NOTE: The eyepiece 
containing the graticule must be a focusing eyepiece. Use a 40X phase 
objective with a numerical aperture of 0.65 to 0.75).
    6.2.3. Kohler illumination (if possible) with green or blue filter.
    6.2.4. Walton-Beckett Graticule, type G-22 with 100  2 
m projected diameter.
    6.2.5. Mechanical stage. A rotating mechanical stage is convenient 
for use with polarized light.
    6.2.6. Phase telescope.
    6.2.7. Stage micrometer with 0.01-mm subdivisions.
    6.2.8. Phase-shift test slide, mark II (Available from PTR optics 
Ltd., and also McCrone).
    6.2.9. Precleaned glass slides, 25 mm X 75 mm. One end can be 
frosted for convenience in writing sample numbers, etc., or paste-on 
labels can be used.
    6.2.10. Cover glass #1\1/2\.
    6.2.11. Scalpel (#10, curved blade).
    6.2.12. Fine tipped forceps.
    6.2.13. Aluminum block for clearing filter (see Appendix D and 
Figure 4).
    6.2.14. Automatic adjustable pipette, 100- to 500-L.
    6.2.15. Micropipette, 5 L.

                              6.3. Reagents

    6.3.1. Acetone (HPLC grade).
    6.3.2. Triacetin (glycerol triacetate).
    6.3.3. Lacquer or nail polish.

                        6.4. Standard Preparation

    A way to prepare standard asbestos samples of known concentration 
has not been developed. It is possible to prepare replicate samples of 
nearly equal concentration. This has been performed through the PAT 
program. These asbestos samples are distributed by the AIHA to 
participating laboratories.
    Since only about one-fourth of a 25-mm sample membrane is required 
for an asbestos count, any PAT sample can serve as a ``standard'' for 
replicate counting.

                          6.5. Sample Mounting

    Note: See Safety Precautions in Section 6.1. before proceeding. The 
objective is to produce samples with a smooth (non-grainy) background in 
a medium with a refractive index of approximately 1.46. The technique 
below collapses the filter for easier focusing and produces permanent 
mounts which are useful for quality control and interlaboratory 
comparison.
    An aluminum block or similar device is required for sample 
preparation.
    6.5.1. Heat the aluminum block to about 70 deg. C. The hot block 
should not be used on any surface that can be damaged by either the heat 
or from exposure to acetone.
    6.5.2. Ensure that the glass slides and cover glasses are free of 
dust and fibers.
    6.5.3. Remove the top plug to prevent a vacuum when the cassette is 
opened. Clean the outside of the cassette if necessary. Cut the seal 
and/or tape on the cassette with a razor blade. Very carefully separate 
the base from the extension cowl, leaving the filter and backup pad in 
the base.
    6.5.4. With a rocking motion cut a triangular wedge from the filter 
using the scalpel. This wedge should be one-sixth to one-fourth of the 
filter. Grasp the filter wedge with the forceps on the perimeter of the 
filter which was clamped between the cassette pieces. DO NOT TOUCH the 
filter with your

[[Page 139]]

finger. Place the filter on the glass slide sample side up. Static 
electricity will usually keep the filter on the slide until it is 
cleared.
    6.5.5. Place the tip of the micropipette containing about 200 
L acetone into the aluminum block. Insert the glass slide into 
the receiving slot in the aluminum block. Inject the acetone into the 
block with slow, steady pressure on the plunger while holding the 
pipette firmly in place. Wait 3 to 5 seconds for the filter to clear, 
then remove the pipette and slide from the aluminum block.
    6.5.6. Immediately (less than 30 seconds) place 2.5 to 3.5 
L of triacetin on the filter (Note: Waiting longer than 30 
seconds will result in increased index of refraction and decreased 
contrast between the fibers and the preparation. This may also lead to 
separation of the cover slip from the slide).
    6.5.7. Lower a cover slip gently onto the filter at a slight angle 
to reduce the possibility of forming air bubbles. If more than 30 
seconds have elapsed between acetone exposure and triacetin application, 
glue the edges of the cover slip to the slide with lacquer or nail 
polish.
    6.5.8. If clearing is slow, warm the slide for 15 min on a hot plate 
having a surface temperature of about 50 deg. C to hasten clearing. The 
top of the hot block can be used if the slide is not heated too long.
    6.5.9. Counting may proceed immediately after clearing and mounting 
are completed.

                          6.6. Sample Analysis

    Completely align the microscope according to the manufacturer's 
instructions. Then, align the microscope using the following general 
alignment routine at the beginning of every counting session and more 
often if necessary.

                            6.6.1. Alignment

    (1) Clean all optical surfaces. Even a small amount of dirt can 
significantly degrade the image.
    (2) Rough focus the objective on a sample.
    (3) Close down the field iris so that it is visible in the field of 
view. Focus the image of the iris with the condenser focus. Center the 
image of the iris in the field of view.
    (4) Install the phase telescope and focus on the phase rings. 
Critically center the rings. Misalignment of the rings results in 
astigmatism which will degrade the image.
    (5) Place the phase-shift test slide on the microscope stage and 
focus on the lines. The analyst must see line set 3 and should see at 
least parts of 4 and 5 but, not see line set 6 or 6. A microscope/
microscopist combination which does not pass this test may not be used.

                         6.6.2. Counting Fibers

    (1) Place the prepared sample slide on the mechanical stage of the 
microscope. Position the center of the wedge under the objective lens 
and focus upon the sample.
    (2) Start counting from one end of the wedge and progress along a 
radial line to the other end (count in either direction from perimeter 
to wedge tip). Select fields randomly, without looking into the 
eyepieces, by slightly advancing the slide in one direction with the 
mechanical stage control.
    (3) Continually scan over a range of focal planes (generally the 
upper 10 to 15 m of the filter surface) with the fine focus 
control during each field count. Spend at least 5 to 15 seconds per 
field.
    (4) Most samples will contain asbestos fibers with fiber diameters 
less than 1 m. Look carefully for faint fiber images. The small 
diameter fibers will be very hard to see. However, they are an important 
contribution to the total count.
    (5) Count only fibers equal to or longer than 5 m. Measure 
the length of curved fibers along the curve.
    (6) Count fibers which have a length to width ratio of 3:1 or 
greater.
    (7) Count all the fibers in at least 20 fields. Continue counting 
until either 100 fibers are counted or 100 fields have been viewed; 
whichever occurs first. Count all the fibers in the final field.
    (8) Fibers lying entirely within the boundary of the Walton-Beckett 
graticule field shall receive a count of 1. Fibers crossing the boundary 
once, having one end within the circle shall receive a count of \1/2\. 
Do not count any fiber that crosses the graticule boundary more than 
once. Reject and do not count any other fibers even though they may be 
visible outside the graticule area. If a fiber touches the circle, it is 
considered to cross the line.
    (9) Count bundles of fibers as one fiber unless individual fibers 
can be clearly identified and each individual fiber is clearly not 
connected to another counted fiber. See Figure 1 for counting 
conventions.
    (10) Record the number of fibers in each field in a consistent way 
such that filter non-uniformity can be assessed.
    (11) Regularly check phase ring alignment.
    (12) When an agglomerate (mass of material) covers more than 25% of 
the field of view, reject the field and select another. Do not include 
it in the number of fields counted.
    (13) Perform a ``blind recount'' of 1 in every 10 filter wedges 
(slides). Re-label the slides using a person other than the original 
counter.

                        6.7. Fiber Identification

    As previously mentioned in Section 1.3., PCM does not provide 
positive confirmation

[[Page 140]]

of asbestos fibers. Alternate differential counting techniques should be 
used if discrimination is desirable. Differential counting may include 
primary discrimination based on morphology, polarized light analysis of 
fibers, or modification of PCM data by Scanning Electron or Transmission 
Electron Microscopy.
    A great deal of experience is required to routinely and correctly 
perform differential counting. It is discouraged unless it is legally 
necessary. Then, only if a fiber is obviously not asbestos should it be 
excluded from the count. Further discussion of this technique can be 
found in reference 8.10.
    If there is a question whether a fiber is asbestos or not, follow 
the rule:
    ``WHEN IN DOUBT, COUNT.''

         6.8. Analytical Recommendations--Quality Control System

    6.8.1. All individuals performing asbestos analysis must have taken 
the NIOSH course for sampling and evaluating airborne asbestos or an 
equivalent course.
    6.8.2. Each laboratory engaged in asbestos counting shall set up a 
slide trading arrangement with at least two other laboratories in order 
to compare performance and eliminate inbreeding of error. The slide 
exchange occurs at least semiannually. The round robin results shall be 
posted where all analysts can view individual analyst's results.
    6.8.3. Each laboratory engaged in asbestos counting shall 
participate in the Proficiency Analytical Testing Program, the Asbestos 
Analyst Registry or equivalent.
    6.8.4. Each analyst shall select and count prepared slides from a 
``slide bank''. These are quality assurance counts. The slide bank shall 
be prepared using uniformly distributed samples taken from the workload. 
Fiber densities should cover the entire range routinely analyzed by the 
laboratory. These slides are counted blind by all counters to establish 
an original standard deviation. This historical distribution is compared 
with the quality assurance counts. A counter must have 95% of all 
quality control samples counted within three standard deviations of the 
historical mean. This count is then integrated into a new historical 
mean and standard deviation for the slide.
    The analyses done by the counters to establish the slide bank may be 
used for an interim quality control program if the data are treated in a 
proper statistical fashion.

                             7. Calculations

    7.1. Calculate the estimated airborne asbestos fiber concentration 
on the filter sample using the following formula:

[GRAPHIC] [TIFF OMITTED] TR10AU94.027

Where:

AC = Airborne fiber concentration
FB = Total number of fibers greater than 5 m counted
FL = Total number of fields counted on the filter
BFB = Total number of fibers greater than 5 m counted in the 
          blank
BFL = Total number of fields counted on the blank
ECA = Effective collecting area of filter (385 mm\2\ nominal for a 25-mm 
          filter.)
FR = Pump flow rate (L/min)
MFA = Microscope count field area (mm\2\ ). This is 0.00785 mm\2\ for a 
          Walton-Beckett Graticule.
T = Sample collection time (min)
1,000 = Conversion of L to cc

    Note: The collection area of a filter is seldom equal to 385 mm\2\. 
It is appropriate for laboratories to routinely monitor the exact 
diameter using an inside micrometer. The collection area is calculated 
according to the formula:
Area = (d/2) \2\

                       7.2. Short-cut Calculation

    Since a given analyst always has the same interpupillary distance, 
the number of fields per filter for a particular analyst will remain 
constant for a given size filter. The field size for that analyst is 
constant (i.e. the analyst is using an assigned microscope and is not 
changing the reticle).
    For example, if the exposed area of the filter is always 385 mm\2\ 
and the size of the field is always 0.00785 mm\2\, the number of fields 
per filter will always be 49,000. In addition it is necessary to convert 
liters of air to cc. These three constants can then be combined such 
that ECA/(1,000 X MFA) = 49. The previous equation simplifies to:
[GRAPHIC] [TIFF OMITTED] TR10AU94.028

                        7.3. Recount Calculations

    As mentioned in step 13 of Section 6.6.2., a ``blind recount'' of 
10% of the slides is performed. In all cases, differences will be 
observed between the first and second counts of the same filter wedge. 
Most of these differences will be due to chance alone, that is, due to 
the random variability (precision) of the count method. Statistical 
recount criteria enables one to decide whether observed

[[Page 141]]

differences can be explained due to chance alone or are probably due to 
systematic differences between analysts, microscopes, or other biasing 
factors.
    The following recount criterion is for a pair of counts that 
estimate AC in fibers/cc. The criterion is given at the type-I error 
level. That is, there is 5% maximum risk that we will reject a pair of 
counts for the reason that one might be biased, when the large observed 
difference is really due to chance.
    Reject a pair of counts if:
    [GRAPHIC] [TIFF OMITTED] TR29JN95.001
    
Where:

AC1=lower estimated airborne fiber concentration
AC2=higher estimated airborne fiber concentration
ACavg=average of the two concentration estimates
CVFB=CV for the average of the two concentration estimates

    If a pair of counts are rejected by this criterion then, recount the 
rest of the filters in the submitted set. Apply the test and reject any 
other pairs failing the test. Rejection shall include a memo to the 
industrial hygienist stating that the sample failed a statistical test 
for homogeneity and the true air concentration may be significantly 
different than the reported value.

                         7.4. Reporting Results

    Report results to the industrial hygienist as fibers/cc. Use two 
significant figures. If multiple analyses are performed on a sample, an 
average of the results is to be reported unless any of the results can 
be rejected for cause.

                              8. References

    8.1. Dreesen, W.C., et al, U.S. Public Health Service: A Study of 
Asbestosis in the Asbestos Textile Industry, (Public Health Bulletin No. 
241), US Treasury Dept., Washington, DC, 1938.
    8.2. Asbestos Research Council: The Measurement of Airborne Asbestos 
Dust by the Membrane Filter Method (Technical Note), Asbestos Research 
Council, Rockdale, Lancashire, Great Britain, 1969.
    8.3. Bayer, S.G., Zumwalde, R.D., Brown, T.A., Equipment and 
Procedure for Mounting Millipore Filters and Counting Asbestos Fibers by 
Phase Contrast Microscopy, Bureau of Occupational Health, U.S. Dept. of 
Health, Education and Welfare, Cincinnati,OH,1969.
    8.4. NIOSH Manual of Analytical Methods, 2nd ed., Vol. 1 (DHEW/NIOSH 
Pub. No. 77-157-A). National Institute for Occupational Safety and 
Health, Cincinnati, OH, 1977.pp.239-1-239-21.
    8.5. Asbestos, Code of Federal Regulations 29 CFR 1910.1001. 1971.
    8.6. Occupational Exposure to Asbestos, Tremolite, Anthophyllite, 
and Actinolite. Final Rule, Federal Register 51: 119 (20 June 1986). 
pp.22612-22790.
    8.7. Asbestos, Tremolite, Anthophyllite, and Actinolite, Code of 
Federal Regulations 1910.1001. 1988. pp 711-752.
    8.8. Criteria for a Recommended Standard--Occupational Exposure to 
Asbestos (DHEW/NIOSH Pub. No. HSM 72-10267), National Institute for 
Occupational Safety and Health NIOSH, Cincinnati, OH, 1972. pp. III-1-
III-24.
    8.9. Leidel, N.A., Bayer, S.G., Zumwalde, R.D., Busch, K.A., USPHS/
NIOSH Membrane Filter Method for Evaluating Airborne Asbestos Fibers 
(DHEW/NIOSH Pub. No. 79-127). National Institute for Occupational Safety 
and Health, Cincinnati, OH, 1979.
    8.10. Dixon, W.C., Applications of Optical Microscopy in Analysis of 
Asbestos and Quartz, Analytical Techniques in Occupational Health 
Chemistry, edited by D.D. Dollberg and A.W. Verstuyft. Wash. D.C.: 
American Chemical Society, (ACS Symposium Series 120) 1980. pp. 13-41.

                             Quality Control

    The OSHA asbestos regulations require each laboratory to establish a 
quality control program. The following is presented as an example of how 
the OSHA-SLTC constructed its internal CV curve as part of meeting this 
requirement. Data is from 395 samples collected during OSHA compliance 
inspections and analyzed from October 1980 through April 1986.
    Each sample was counted by 2 to 5 different counters independently 
of one another. The standard deviation and the CV statistic was 
calculated for each sample. This data was then plotted on a graph of CV 
vs. fibers/mm\2\. A least squares regression was performed using the 
following equation:

CV=antilog10[A(log10(x))\2\+B(log10(x))+
          C]
Where:

x=the number of fibers/mm\2\

    Application of least squares gave:

A=0.182205
B=-0.973343
C=0.327499

    Using these values, the equation becomes:

CV = antilog10[0.182205(log10 (x))\2\-0.973343(log 
          10(x))+0.327499]

                   Sampling Pump Flow Rate Corrections

    This correction is used if a difference greater than 5% in ambient 
temperature and/or pressure is noted between calibration and sampling 
sites and the pump does not compensate for the differences.

[[Page 142]]

[GRAPHIC] [TIFF OMITTED] TR10AU94.030


Where:

Qact=actual flow rate
Qcal=calibrated flow rate (if a rotameter was used, the 
          rotameter value)
Pcal=uncorrected air pressure at calibration
Pact=uncorrected air pressure at sampling site
Tact=temperature at sampling site (K)
Tcal=temperature at calibration (K)

                        Walton-Beckett Graticule

    When ordering the Graticule for asbestos counting, specify the exact 
disc diameter needed to fit the ocular of the microscope and the 
diameter (mm) of the circular counting area. Instructions for measuring 
the dimensions necessary are listed:
    (1) Insert any available graticule into the focusing eyepiece and 
focus so that the graticule lines are sharp and clear.
    (2) Align the microscope.
    (3) Place a stage micrometer on the microscope object stage and 
focus the microscope on the graduated lines.
    (4) Measure the magnified grid length, PL (m), using the 
stage micrometer.
    (5) Remove the graticule from the microscope and measure its actual 
grid length, AL (mm). This can be accomplished by using a mechanical 
stage fitted with verniers, or a jeweler's loupe with a direct reading 
scale.
    (6) Let D=100 m. Calculate the circle diameter, 
dc (mm), for the Walton-Beckett graticule and specify the 
diameter when making a purchase:
[GRAPHIC] [TIFF OMITTED] TR10AU94.031

    Example: If PL=108 m, AL=2.93 mm and D=100 m, 
then,
[GRAPHIC] [TIFF OMITTED] TR10AU94.032

    (7) Each eyepiece-objective-reticle combination on the microscope 
must be calibrated. Should any of the three be changed (by zoom 
adjustment, disassembly, replacement, etc.), the combination must be 
recalibrated. Calibration may change if interpupillary distance is 
changed.
     Measure the field diameter, D (acceptable range: 100 2 
m) with a stage micrometer upon receipt of the graticule from 
the manufacturer. Determine the field area (mm\2\).

Field Area= (D/2)\2\
If D=100 m=0.1 mm, then
Field Area=(0.1 mm/2)\2\=0.00785 mm\2\

    The Graticule is available from: Graticules Ltd., Morley Road, 
Tonbridge TN9 IRN, Kent, England (Telephone 011-44-732-359061). Also 
available from PTR Optics Ltd., 145 Newton Street, Waltham, MA 02154 
[telephone (617) 891-6000] or McCrone Accessories and Components, 2506 
S. Michigan Ave., Chicago, IL 60616 [phone (312) 842-7100]. The 
graticule is custom made for each microscope.

[[Page 143]]

[GRAPHIC] [TIFF OMITTED] TR10AU94.008



                   Counts for the Fibers in the Figure                  
------------------------------------------------------------------------
        Structure No.            Count              Explanation         
------------------------------------------------------------------------
1 to 6.......................          1  Single fibers all contained   
                                           within the circle.           
7............................      \1/2\  Fiber crosses circle once.    
8............................          0  Fiber too short.              
9............................          2  Two crossing fibers.          
10...........................          0  Fiber outside graticule.      
11...........................          0  Fiber crosses graticule twice.
12...........................      \1/2\  Although split, fiber only    
                                           crosses once.                
------------------------------------------------------------------------


[[Page 144]]

 Appendix C to Sec. 1915.1001--Qualitative and Quantitative Fit Testing 
                          Procedures. Mandatory

                     Qualitative Fit Test Protocols

                       I. Isoamyl Acetate Protocol

    A. Odor threshold screening. 1. Three 1-liter glass jars with metal 
lids (e.g. Mason or Bell jars) are required.
    2. Odor-free water (e.g. distilled or spring water) at approximately 
25  deg.C shall be used for the solutions.
    3. The isoamyl acetate (IAA) (also known as isopentyl acetate) stock 
solution is prepared by adding 1 cc of pure IAA to 800 cc of odor free 
water in a 1-liter jar and shaking for 30 seconds. This solution shall 
be prepared new at least weekly.
    4. The screening test shall be conducted in a room separate from the 
room used for actual fit testing. The two rooms shall be well ventilated 
but shall not be connected to the same recirculating ventilation system.
    5. The odor test solution is prepared in a second jar by placing 0.4 
cc of the stock solution into 500 cc of odor free water using a clean 
dropper or pipette. Shake for 30 seconds and allow to stand for two to 
three minutes so that the IAA concentration above the liquid may reach 
equilibrium. This solution may be used for only one day.
    6. A test blank is prepared in a third jar by adding 500 cc of odor 
free water.
    7. The odor test and test blank jars shall be labelled 1 and 2 for 
jar identification. If the labels are put on the lids they can be 
periodically peeled, dried off and switched to maintain the integrity of 
the test.
    8. The following instructions shall be typed on a card and placed on 
the table in front of the two test jars (i.e. 1 and 2): ``The purpose of 
this test is to determine if you can smell banana oil at a low 
concentration. The two bottles in front of you contain water. One of 
these bottles also contains a small amount of banana oil. Be sure the 
covers are on tight, then shake each bottle for two seconds. Unscrew the 
lid of each bottle, one at a time, and sniff at the mouth of the bottle. 
Indicate to the test conductor which bottle contains banana oil.''
    9. The mixtures used in the IAA odor detection test shall be 
prepared in an area separate from where the test is performed, in order 
to prevent olfactory fatigue in the subject.
    10. If the test subject is unable to correctly identify the jar 
containing the odor test solution, the IAA qualitative fit test may not 
be used.
    11. If the test subject correctly identifies the jar containing the 
odor test solution, the test subject may proceed to respirator selection 
and fit testing.
    B. Respirator Selection. 1. The test subject shall be allowed to 
pick the most comfortable respirator from a selection including 
respirators of various sizes from different manufacturers. The selection 
shall include at least five sizes of elastomeric half facepieces, from 
at least two manufacturers.
    2. The selection process shall be conducted in a room separate from 
the fit-test chamber to prevent odor fatigue. Prior to the selection 
process, the test subject shall be shown how to put on a respirator, how 
it should be positioned on the face, how to set strap tension and how to 
determine a ``comfortable'' respirator. A mirror shall be available to 
assist the subject in evaluating the fit and positioning of the 
respirator. This instruction may not constitute the subject's formal 
training on respirator use, as it is only a review.
    3. The test subject should understand that the employee is being 
asked to select the respirator which provides the most comfortable fit. 
Each respirator represents a different size and shape and, if fit 
properly and used properly will provide adequate protection.
    4. The test subject holds each facepiece up to the face and 
eliminates those which obviously do not give a comfortable fit. 
Normally, selection will begin with a half-mask and if a good fit cannot 
be found, the subject will be asked to test the full facepiece 
respirators. (A small percentage of users will not be able to wear any 
half-mask.)
    5. The more comfortable facepieces are noted; the most comfortable 
mask is donned and worn at least five minutes to assess comfort. All 
donning and adjustments of the facepiece shall be performed by the test 
subject without assistance from the test conductor or other person. 
Assistance in assessing comfort can be given by discussing the points in 
#6 below. If the test subject is not familiar with using a particular 
respirator, the test subject shall be directed to don the mask several 
times and to adjust the straps each time to become adept at setting 
proper tension on the straps.
    6. Assessment of comfort shall include reviewing the following 
points with the test subject and allowing the test subject adequate time 
to determine the comfort of the respirator:
     Positioning of mask on nose.
     Room for eye protection.
     Room to talk.
     Positioning mask on face and cheeks.
    7. The following criteria shall be used to help determine the 
adequacy of the respirator fit:
     Chin properly placed.
     Strap tension.
     Fit across nose bridge.
     Distance from nose to chin.
     Tendency to slip.
     Self-observation in mirror.

[[Page 145]]

    8. The test subject shall conduct the conventional negative and 
positive-pressure fit checks (e.g. see ANSI Z88.2-1980). Before 
conducting the negative- or positive-pressure test the subject shall be 
told to ``seat'' the mask by rapidly moving the head from side-to-side 
and up and down, while taking a few deep breaths.
    9. The test subject is now ready for fit testing.
    10. After passing the fit test, the test subject shall be questioned 
again regarding the comfort of the respirator. If it has become 
uncomfortable, another model of respirator shall be tried.
    11. The employee shall be given the opportunity to select a 
different facepiece and be retested if the chosen facepiece becomes 
increasingly uncomfortable at any time.
    C. Fit test. 1. The fit test chamber shall be similar to a clear 55 
gal drum liner suspended inverted over a 2 foot diameter frame, so that 
the top of the chamber is about 6 inches above the test subject's head. 
The inside top center of the chamber shall have a small hook attached.
    2. Each respirator used for the fitting and fit testing shall be 
equipped with organic vapor cartridges or offer protection against 
organic vapors. The cartridges or masks shall be changed at least 
weekly.
    3. After selecting, donning, and properly adjusting a respirator, 
the test subject shall wear it to the fit testing room. This room shall 
be separate from the room used for odor threshold screening and 
respirator selection, and shall be well ventilated, as by an exhaust fan 
or lab hood, to prevent general room contamination.
    4. A copy of the following test exercises and rainbow passage shall 
be taped to the inside of the test chamber:

                             Test Exercises

    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Inhale on 
each side. Be certain movement is complete. Do not bump the respirator 
against the shoulders.
    iv. Nod head up-and-down. Inhale when head is in the full up 
position (looking toward ceiling). Be certain motions are complete and 
made about every second. Do not bump the respirator on the chest.
    v. Talking. Talk aloud and slowly for several minutes. The following 
paragraph is called the Rainbow Passage. Reading it will result in a 
wide range of facial movements, and thus be useful to satisfy this 
requirement. Alternative passages which serve the same purpose may also 
be used.
    vi. Jogging in place.
    vii. Breathe normally.

                             Rainbow Passage

    When the sunlight strikes raindrops in the air, they act like a 
prism and form a rainbow. The rainbow is a division of white light into 
many beautiful colors. These take the shape of a long round arch, with 
its path high above, and its two ends apparently beyond the horizon. 
There is, according to legend, a boiling pot of gold at one end. People 
look, but no one ever finds it. When a man looks for something beyond 
reach, his friends say he is looking for the pot of gold at the end of 
the rainbow.

    5. Each test subject shall wear the respirator for at a least 10 
minutes before starting the fit test.
    6. Upon entering the test chamber, the test subject shall be given a 
6 inch by 5 inch piece of paper towel or other porous absorbent single 
ply material, folded in half and wetted with three-quarters of one cc of 
pure IAA. The test subject shall hang the wet towel on the hook at the 
top of the chamber.
    7. Allow two minutes for the IAA test concentration to be reached 
before starting the fit-test exercises. This would be an appropriate 
time to talk with the test subject, to explain the fit test, the 
importance of cooperation, the purpose for the head exercises, or to 
demonstrate some of the exercises.
    8. Each exercise described in #4 above shall be performed for at 
least one minute.
    9. If at any time during the test, the subject detects the banana-
like odor of IAA, the test has failed. The subject shall quickly exit 
from the test chamber and leave the test area to avoid olfactory 
fatigue.
    10. If the test is failed, the subject shall return to the selection 
room and remove the respirator, repeat the odor sensitivity test, select 
and put on another respirator, return to the test chamber, and again 
begin the procedure described in the c(4) through c(8) above. The 
process continues until a respirator that fits well has been found. 
Should the odor sensitivity test be failed, the subject shall wait about 
5 minutes before retesting. Odor sensitivity will usually have returned 
by this time.
    11. If a person cannot pass the fit test described above wearing a 
half-mask respirator from the available selection, full facepiece models 
must be used.
    12. When a respirator is found that passes the test, the subject 
breaks the faceseal and takes a breath before exiting the chamber. This 
is to assure that the reason the test subject is not smelling the IAA is 
the good fit of the respirator facepiece seal and not olfactory fatigue.
    13. When the test subject leaves the chamber, the subject shall 
remove the saturated towel and return it to the person conducting the 
test. To keep the area from becoming contaminated, the used towels shall 
be kept in a self-sealing bag so there is no significant

[[Page 146]]

IAA concentration buildup in the test chamber during subsequent tests.
    14. At least two facepieces shall be selected for the IAA test 
protocol. The test subject shall be given the opportunity to wear them 
for one week to choose the one which is more comfortable to wear.
    15. Persons who have successfully passed this fit test with a half-
mask respirator may be assigned the use of the test respirator in 
atmospheres with up to 10 times the PEL of airborne asbestos. In 
atmospheres greater than 10 times, and less than 100 times the PEL (up 
to 100 ppm), the subject must pass the IAA test using a full face 
negative pressure respirator. (The concentration of the 1AA inside the 
test chamber must be increased by ten times for QLFT of the full 
facepiece.)
    16. The test shall not be conducted if there is any hair growth 
between the skin the facepiece sealing surface.
    17. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate interference 
and allow a satisfactory fit. If a satisfactory fit is still not 
attained, the test subject must use a positive-pressure respirator such 
as powered air-purifying respirators, supplied air respirator, or self-
contained breathing apparatus.
    18. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician trained in respirator 
diseases or pulmonary medicine to determine whether the test subject can 
wear a respirator while performing her or his duties.
    19. Qualitative fit testing shall be repeated at least every six 
months.
    20. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when the 
test subject has a:
    (1) Weight change of 20 pounds or more,
    (2) Significant facial scarring in the area of the facepiece seal,
    (3) Significant dental changes; i.e.; multiple extractions without 
prothesis, or acquiring dentures,
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece sealing.
    D. Recordkeeping. A summary of all test results shall be maintained 
in each office for 3 years. The summary shall include:
    (1) Name of test subject.
    (2) Date of testing.
    (3) Name of the test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).
    (5) Testing agent.

                 II. Saccharin Solution Aerosol Protocol

    A. Respirator selection. Respirators shall be selected as described 
in section IB (respirator selection) above, except that each respirator 
shall be equipped with a particulate filter.
     B. Taste Threshold Screening.
    1. An enclosure about head and shoulders shall be used for threshold 
screening (to determine if the individual can taste saccharin) and for 
fit testing. The enclosure shall be approximately 12 inches in diameter 
by 14 inches tall with at least the front clear to allow free movement 
of the head when a respirator is worn.
    2. The test enclosure shall have a three-quarter inch hole in front 
of the test subject's nose and mouth area to accommodate the nebulizer 
nozzle.
    3. The entire screening and testing procedure shall be explained to 
the test subject prior to conducting the screening test.
    4. During the threshold screening test, the test subject shall don 
the test enclosure and breathe with open mouth with tongue extended.
    5. Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or 
equivalent, the test conductor shall spray the threshold check solution 
into the enclosure. This nebulizer shall be clearly marked to 
distinguish it from the fit test solution nebulizer.
    6. The threshold check solution consists of 0.83 grams of sodium 
saccharin, USP in water. It can be prepared by putting 1 cc of the test 
solution (see C 7 below) in 100 cc of water.
    7. To produce the aerosol, the nebulizer bulb is firmly squeezed so 
that it collapses completely, then is released and allowed to fully 
expand.
    8. Ten squeezes of the nebulizer bulb are repeated rapidly and then 
the test subject is asked whether the saccharin can be tasted.
    9. If the first response is negative, ten more squeezes of the 
nebulizer bulb are repeated rapidly and the test subject is again asked 
whether the saccharin can be tasted.
    10. If the second response is negative ten more squeezes are 
repeated rapidly and the test subject is again asked whether the 
saccharin can be tasted.
    11. The test conductor will take note of the number of squeezes 
required to elicit a taste response.
    12. If the saccharin is not tasted after 30 squeezes (Step 10), the 
saccharin fit test cannot be performed on the test subject.
    13. If a taste response is elicited, the test subject shall be asked 
to take note of the taste for reference in the fit test.
     14. Correct use of the nebulizer means that approximately 1 cc of 
liquid is used at a time in the nebulizer body.
     15. The nebulizer shall be thoroughly rinsed in water, shaken dry, 
and refilled at least every four hours.
    C. Fit test. 1. The test subject shall don and adjust the respirator 
without the assistance from any person.

[[Page 147]]

     2. The fit test uses the same enclosure described in IIB above.
     3. Each test subject shall wear the respirator for a least 10 
minutes before starting the fit test.
    4. The test subject shall don the enclosure while wearing the 
respirator selected in section IB above. This respirator shall be 
properly adjusted and equipped with a particulate filter.
    5. The test subject may not eat, drink (except plain water), or chew 
gum for 15 minutes before the test.
    6. A second DeVilbiss Model 40 Inhalation Medication Nebulizer is 
used to spray the fit test solution into the enclosure. This nebulizer 
shall be clearly marked to distinguish it from the screening test 
solution nebulizer.
    7. The fit test solution is prepared by adding 83 grams of sodium 
saccharin to 100 cc of warm water.
    8. As before, the test subject shall breathe with mouth open and 
tongue extended.
    9. The nebulizer is inserted into the hole in the front of the 
enclosure and the fit test solution is sprayed into the enclosure using 
the same technique as for the taste threshold screening and the same 
number of squeezes required to elicit a taste response in the screening. 
(See B8 through B10 above).
     10. After generation of the aerosol read the following instructions 
to the test subject. The test subject shall perform the exercises for 
one minute each.
    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Be certain 
movement is complete. Inhale on each side. Do not bump the respirator 
against the shoulders.
    iv. Nod head up-and-down. Be certain motions are complete. Inhale 
when head is in the full up position (when looking toward the ceiling). 
Do not to bump the respirator on the chest.
    v. Talking. Talk aloud and slowly for several minutes. The following 
paragraph is called the Rainbow Passage. Reading it will result in a 
wide range of facial movements, and thus be useful to satisfy this 
requirement. Alternative passages which serve the same purpose may also 
be used.
    vi. Jogging in place.
    vii. Breathe normally.

                             Rainbow Passage

    When the sunlight strikes raindrops in the air, they act like a 
prism and form a rainbow. The rainbow is a division of white light into 
many beautiful colors. These take the shape of a long round arch, with 
its path high above, and its two ends apparently beyond the horizon. 
There is, according to legend, a boiling pot of gold at one end. People 
look, but no one ever finds it. When a man looks for something beyond 
his reach, his friends say he is looking for the pot of gold at the end 
of the rainbow.

     11. At the beginning of each exercise, the aerosol concentration 
shall be replenished using one-half the number of squeezes as initially 
described in C9.
    12. The test subject shall indicate to the test conductor if at any 
time during the fit test the taste of saccharin is detected.
    13. If the saccharin is detected the fit is deemed unsatisfactory 
and a different respirator shall be tried.
    14. At least two facepieces shall be selected by the IAA test 
protocol. The test subject shall be given the opportunity to wear them 
for one week to choose the one which is more comfortable to wear.
    15. Successful completion of the test protocol shall allow the use 
of the half mask tested respirator in contaminated atmospheres up to 10 
times the PEL of asbestos. In other words this protocol may be used 
assign protection factors no higher than ten.
    16. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    17. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate interference 
and allow a satisfactory fit. If a satisfactory fit is still not 
attained, the test subject must use a positive-pressure respirator such 
as powered air-purifying respirators, supplied air respirator, or self-
contained breathing apparatus.
    18. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician trained in respirator 
diseases or pulmonary medicine to determine whether the test subject can 
wear a respirator while performing her or his duties.
    19. Qualitative fit testing shall be repeated at least every six 
months.
     20. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when the 
test subject has a:
    (1) Weight change of 20 pounds or more,
    (2) Significant facial scarring in the area of the facepiece seal,
     (3) Significant dental changes; i.e.; multiple extractions without 
prothesis, or acquiring dentures,
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece sealing.
    D. Recordkeeping. A summary of all test results shall be maintained 
in each office for 3 years. The summary shall include:
    (1) Name of test subject
    (2) Date of testing.
    (3) Name of test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).

[[Page 148]]

    (5) Testing agent.

                       III. Irritant Fume Protocol

    A. Respirator selection. Respirators shall be selected as described 
in section IB above, except that each respirator shall be equipped with 
a combination of high-efficiency and acid-gas cartridges.
    B. Fit test. 1. The test subject shall be allowed to smell a weak 
concentration of the irritant smoke to familiarize the subject with the 
characteristic odor.
    2. The test subject shall properly don the respirator selected as 
above, and wear it for at least 10 minutes before starting the fit test.
    3. The test conductor shall review this protocol with the test 
subject before testing.
    4. The test subject shall perform the conventional positive pressure 
and negative pressure fit checks (see ANSI Z88.2 1980). Failure of 
either check shall be cause to select an alternate respirator.
    5. Break both ends of a ventilation smoke tube containing stannic 
oxychloride, such as the MSA part #5645, or equivalent. Attach a short 
length of tubing to one end of the smoke tube. Attach the other end of 
the smoke tube to a low pressure air pump set to deliver 200 milliliters 
per minute.
    6. Advise the test subject that the smoke can be irritating to the 
eyes and instruct the subject to keep the eyes closed while the test is 
performed.
    7. The test conductor shall direct the stream of irritant smoke from 
the tube towards the faceseal area of the test subject. The person 
conducting the test shall begin with the tube at least 12 inches from 
the facepiece and gradually move to within one inch, moving around the 
whole perimeter of the mask.
    8. The test subject shall be instructed to do the following 
exercises while the respirator is being challenged by the smoke. Each 
exercise shall be performed for one minute.
    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Be certain 
movement is complete. Inhale on each side. Do not bump the respirator 
against the shoulders.
    iv. Nod head up-and-down. Be certain motions are complete and made 
every second. Inhale when head is in the full up position (looking 
toward ceiling). Do not bump the respirator against the chest.
    v. Talking. Talk aloud and slowly for several minutes. The following 
paragraph is called the Rainbow Passage. Reading it will result in a 
wide range of facial movements, and thus be useful to satisfy this 
requirement. Alternative passages which serve the same purpose may also 
be used.

                             Rainbow Passage

    When the sunlight strikes raindrops in the air, they act like a 
prism and form a rainbow. The rainbow is a division of white light into 
many beautiful colors. These take the shape of a long round arch, with 
its path high above, and its two end apparently beyond the horizon. 
There is, according to legend, a boiling pot of gold at one end. People 
look, but no one ever finds it. When a man looks for something beyond 
his reach, his friends say he is looking for the pot of gold at the end 
of the rainbow.
    vi. Jogging in Place.
    vii. Breathe normally.
    9. The test subject shall indicate to the test conductor if the 
irritant smoke is detected. If smoke is detected, the test conductor 
shall stop the test. In this case, the tested respirator is rejected and 
another respirator shall be selected.
    10. Each test subject passing the smoke test (i.e. without detecting 
the smoke) shall be given a sensitivity check of smoke from the same 
tube to determine if the test subject reacts to the smoke. Failure to 
evoke a response shall void the fit test.
    11. Steps B4, B9, B10 of this fit test protocol shall be performed 
in a location with exhaust ventilation sufficient to prevent general 
contamination of the testing area by the test agents.
    12. At least two facepieces shall be selected by the IAA test 
protocol. The test subject shall be given the opportunity to wear them 
for one week to choose the one which is more comfortable to wear.
    13. Respirators successfully tested by the protocol may be used in 
contaminated atmospheres up to ten times the PEL of asbestos.
    14. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    15. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate interference 
and allow a satisfactory fit. If a satisfactory fit is still not 
attained, the test subject must use a positive-pressure respirator such 
as powered air-purifying respirators, supplied air respirator, or self-
contained breathing apparatus.
    16. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician trained in respirator 
diseases or pulmonary medicine to determine whether the test subject can 
wear a respirator while performing her or his duties.
    17. Qualitative fit testing shall be repeated at least every six 
months.
    18. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when the 
test subject has a:
    (1) Weight change of 20 pounds or more,

[[Page 149]]

    (2) Significant facial scarring in the area of the facepiece seal,
    (3) Significant dental changes; i.e.; multiple extractions without 
prothesis, or acquiring dentures,
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece sealing.
    D. Recordkeeping. A summary of all test results shall be maintained 
in each office for 3 years. The summary shall include:
    (1) Name of test subject
    (2) Date of testing.
    (3) Name of test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).
    (5) Testing agent

                    Quantitative Fit Test Procedures

                               1. General

    a. The method applies to the negative-pressure non-powered air-
purifying respirators only.
    b. The employer shall assign one individual who shall assume the 
full responsibility for implementing the respirator quantitative fit 
test program.

                              2. Definition

    a. ``Quantitative Fit Test'' means the measurement of the 
effectiveness of a respirator seal in excluding the ambient atmosphere. 
The test is performed by dividing the measured concentration of 
challenge agent in a test chamber by the measured concentration of the 
challenge agent inside the respirator facepiece when the normal air 
purifying element has been replaced by an essentially perfect purifying 
element.
    b. ``Challenge Agent'' means the air contaminant introduced into a 
test chamber so that its concentration inside and outside the respirator 
may be compared.
    c. ``Test Subject'' means the person wearing the respirator for 
quantitative fit testing.
    d. ``Normal Standing Position'' means standing erect and straight 
with arms down along the sides and looking straight ahead.
    e. ``Fit Factor'' means the ratio of challenge agent concentration 
outside with respect to the inside of a respirator inlet covering 
(facepiece or enclosure).

                              3. Apparatus

    a. Instrumentation. Corn oil, sodium chloride or other appropriate 
aerosol generation, dilution, and measurement systems shall be used for 
quantitative fit test.
    b. Test chamber. The test chamber shall be large enough to permit 
all test subjects to freely perform all required exercises without 
distributing the challenge agent concentration or the measurement 
apparatus. The test chamber shall be equipped and constructed so that 
the challenge agent is effectively isolated from the ambient air yet 
uniform in concentration throughout the chamber.
    c. When testing air-purifying respirators, the normal filter or 
cartridge element shall be replaced with a high-efficiency particular 
filter supplied by the same manufacturer.
    d. The sampling instrument shall be selected so that a strip chart 
record may be made of the test showing the rise and fall of challenge 
agent concentration with each inspiration and expiration at fit factors 
of at least 2,000.
    e. The combination of substitute air-purifying elements (if any), 
challenge agent, and challenge agent concentration in the test chamber 
shall be such that the test subject is not exposed in excess of PEL to 
the challenge agent at any time during the testing process.
    f. The sampling port on the test specimen respirator shall be placed 
and constructed so that there is no detectable leak around the port, a 
free air flow is allowed into the sampling line at all times and so 
there is no interference with the fit or performance of the respirator.
    g. The test chamber and test set-up shall permit the person 
administering the test to observe one test subject inside the chamber 
during the test.
    h. The equipment generating the challenge atmosphere shall maintain 
the concentration of challenge agent constant within a 10 percent 
variation for the duration of the test.
    i. The time lag (interval between an event and its being recorded on 
the strip chart) of the instrumentation may not exceed 2 seconds.
    j. The tubing for the test chamber atmosphere and for the respirator 
sampling port shall be the same diameter, length and material. It shall 
be kept as short as possible. The smallest diameter tubing recommended 
by the manufacturer shall be used.
    k. The exhaust flow from the test chamber shall pass through a high-
efficiency filter before release to the room.
    l. When sodium chloride aerosol is used, the relative humidity 
inside the test chamber shall not exceed 50 percent.

                       4. Procedural Requirements

    a. The fitting of half-mask respirators should be started with those 
having multiple sizes and a variety of interchangeable cartridges and 
canisters such as the MSA Comfo II-M, Norton M, Survivair M, A-O M, or 
Scott-M. Use either of the tests outlined below to assure that the 
facepiece is properly adjusted.
    (1) Positive pressure test. With the exhaust port(s) blocked, the 
negative pressure of slight inhalation should remain constant for 
several seconds.

[[Page 150]]

    (2) Negative pressure test. With the intake port(s) blocked, the 
negative pressure slight inhalation should remain constant for several 
seconds.
    b. After a facepiece is adjusted, the test subject shall wear the 
facepiece for at least 5 minutes before conducting a qualitative test by 
using either of the methods described below and using the exercise 
regime described in 5.a., b., c., d. and e.
    (1) Isoamyl acetate test. When using organic vapor cartridges, the 
test subject who can smell the odor should be unable to detect the odor 
of isoamyl acetate squirted into the air near the most vulnerable 
portions of the facepiece seal. In a location which is separated from 
the test area, the test subject shall be instructed to close her/his 
eyes during the test period. A combination cartridge or canister with 
organic vapor and high-efficiency filters shall be used when available 
for the particular mask being tested. The test subject shall be given an 
opportunity to smell the odor of isoamyl acetate before the test is 
conducted.
    (2) Irritant fume test. When using high-efficiency filters, the test 
subject should be unable to detect the odor of irritant fume (stannic 
chloride or titanium tetrachloride ventilation smoke tubes) squirted 
into the air near the most vulnerable portions of the facepiece seal. 
The test subject shall be instructed to close her/his eyes during the 
test period.
    c. The test subject may enter the quantitative testing chamber only 
if she or he has obtained a satisfactory fit as stated in 4.b. of this 
Appendix.
    d. Before the subject enters the test chamber, a reasonably stable 
challenge agent concentration shall be measured in the test chamber.
    e. Immediately after the subject enters the test chamber, the 
challenge agent concentration inside the respirator shall be measured to 
ensure that the peak penetration does not exceed 5 percent for a half-
mask and 1 percent for a full facepiece.
    f. A stable challenge agent concentration shall be obtained prior to 
the actual start of testing.
    1. Respirator restraining straps may not be over-tightened for 
testing. The straps shall be adjusted by the wearer to give a reasonably 
comfortable fit typical of normal use.
    5. Exercise Regime. Prior to entering the test chamber, the test 
subject shall be given complete instructions as to her/his part in the 
test procedures. The test subject shall perform the following exercises, 
in the order given, for each independent test.
    a. Normal Breathing (NB). In the normal standing position, without 
talking, the subject shall breathe normally for at least one minute.
    b. Deep Breathing (DB). In the normal standing position the subject 
shall do deep breathing for at least one minute pausing so as not to 
hyperventilate.
    c. Turning head side to side (SS). Standing in place the subject 
shall slowly turn his/her head from side between the extreme positions 
to each side. The head shall be held at each extreme position for at 
least 5 seconds. Perform for at least three complete cycles.
    d. Moving head up and down (UD). Standing in place, the subject 
shall slowly move his/her head up and down between the extreme position 
straight up and the extreme position straight down. The head shall be 
held at each extreme position for at least 5 seconds. Perform for at 
least three complete cycles.
    e. Reading (R). The subject shall read out slowly and loud so as to 
be heard clearly by the test conductor or monitor. The test subject 
shall read the ``rainbow passage'' at the end of this section.
    f. Grimace (G). The test subject shall grimace, smile, frown, and 
generally contort the face using the facial muscles. Continue for at 
least 15 seconds.
    g. Bend over and touch toes (B). The test subject shall bend at the 
waist and touch toes and return to upright position. Repeat for at least 
30 seconds.
    h. Jogging in place (J). The test subject shall perform jog in place 
for at least 30 seconds.
    i. Normal Breathing (NB). Same as exercise a.

                             Rainbow Passage

    When the sunlight strikes raindrops in the air, they act like a 
prism and form a rainbow. The rainbow is a division of white light into 
many beautiful colors. These take the shape of a long round arch, with 
its path high above, and its two ends apparently beyond the horizon. 
There is, according to legend, a boiling pot of gold at one end. People 
look, but no one ever finds it. When a man looks for something beyond 
reach, his friends say he is looking for the pot of gold at the end of 
the rainbow.
    6. The test shall be terminated whenever any single peak penetration 
exceeds 5 percent for half-masks and 1 percent for full facepieces. The 
test subject may be refitted and retested. If two the three required 
tests are terminated, the fit shall be deemed inadequate. (See paragraph 
4.h.).

                      7. Calculation of Fit Factors

    a. The fit factor determined by the quantitative fit test equals the 
average concentration inside the respirator.
    b. The average test chamber concentration is the arithmetic average 
of the test chamber concentration at the beginning and of the end of the 
test.
    c. The average peak concentration of the challenge agent inside the 
respirator shall be the arithmetic average peak concentrations

[[Page 151]]

for each of the nine exercises of the test which are computed as the 
arithmetic average of the peak concentrations found for each breath 
during the exercise.
    d. The average peak concentration for an exercise may be determined 
graphically if there is not a great variation in the peak concentrations 
during a single exercise.

                   8. Interpretation of Test Results.

    The fit factor measured by the quantitative fit testing shall be the 
lowest of the three protection factors resulting from three independent 
tests.

                          9. Other Requirements

    a. The test subject shall not be permitted to wear a half-mask or 
full facepiece mask if the minimum fit factor of 100 or 1,000, 
respectively, cannot be obtained. If hair growth or apparel interfere 
with a satisfactory fit, then they shall be altered or removed so as to 
eliminate interference and allow a satisfactory fit. If a satisfactory 
fit is still not attained, the test subject must use a positive-pressure 
respirator such as powered air-purifying respirators, supplied air 
respirator, or self-contained breathing apparatus.
    b. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    c. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician trained in respirator 
diseases or pulmonary medicine to determine whether the test subject can 
wear a respirator while performing her or his duties.
    d. The test subject shall be given the opportunity to wear the 
assigned respirator for one week. If the respirator does not provide a 
satisfactory fit during actual use, the test subject may request another 
QNFT which shall be performed immediately.
    e. A respirator fit factor card shall be issued to the test subject 
with the following information:
    (1) Name
    (2) Date of fit test.
    (3) Protection factors obtained through each manufacturer, model and 
approval number of respirator tested.
    (4) Name and signature of the person that conducted the test.
    f. Filters used for qualitative or quantitative fit testing shall be 
replaced weekly, whenever increased breathing resistance is encountered, 
or when the test agent has altered the integrity of the filter media.
    Organic vapor cartridges/canisters shall be replaced daily or sooner 
if there is any indication of breakthrough by the test agent.
    10. In addition, because the sealing of the respirator may be 
affected, quantitative fit testing shall be repeated immediately when 
the test subject has a:
    (1) Weight change of 20 pounds or more,
    (2) Significant facial scarring in the area of the facepiece seal,
    (3) Significant dental changes; i.e.; multiple extractions without 
prothesis, or acquiring dentures,
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece sealing.

                            11. Recordkeeping

    A summary of all test results shall be maintained in for 3 years. 
The summary shall include:
    (1) Name of test subject
    (2) Date of testing.
    (3) Name of the test conductor.
    (4) Fit factors obtained from every respirator tested (indicate 
manufacturer, model, size and approval number).

     Appendix D to Sec. 1915.1001--Medical Questionnaires. Mandatory

    This mandatory appendix contains the medical questionnaires that 
must be administered to all employees who are exposed to asbestos, 
tremolite, anthophyllite, actinolite, or a combination of these minerals 
above the permissible exposure limit (0.1 f/cc), and who will therefore 
be included in their employer's medical surveillance program. Part 1 of 
the appendix contains the Initial Medical Questionnaire, which must be 
obtained for all new hires who will be covered by the medical 
surveillance requirements. Part 2 includes the abbreviated Periodical 
Medical Questionnaire, which must be administered to all employees who 
are provided periodic medical examinations under the medical 
surveillance provisions of the standard.

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Appendix E to Sec. 1915.1001--Interpretation and Classification of Chest 
                        Roentgenograms. Mandatory

    (a) Chest roentgenograms shall be interpreted and classified in 
accordance with a professionally accepted classification system and 
recorded on an interpretation form following the format of the CDC/NIOSH 
(M) 2.8 form. As a minimum, the content within the bold lines of this 
form (items 1 through 4) shall be included. This form is not to be 
submitted to NIOSH.
    (b) Roentgenograms shall be interpreted and classified only by a B-
reader, a board eligible/certified radiologist, or an experienced 
physician with known expertise in pneumoconioses.
    (c) All interpreters, whenever interpreting chest roentgenograms 
made under this section, shall have immediately available for reference 
a complete set of the ILO-U/C International Classification of 
Radiographs for Pneumoconioses, 1980.

 Appendix F to Sec. 1915.1001--Work Practices and Engineering Controls 
              for Class I Asbestos Operations Non-Mandatory

    This is a non-mandatory appendix to the asbestos standards for 
construction and for shipyards. It describes criteria and procedures for 
erecting and using negative pressure enclosures for Class I Asbestos 
Work, when NPEs are used as an allowable control method to comply with 
paragraph (g)(5) (i) of this section. Many small and variable details 
are involved in the erection of a negative pressure enclosure. OSHA and 
most participants in the rulemaking agreed that only the major, more 
performance oriented criteria should be made mandatory. These criteria 
are set out in paragraph (g) of this section. In addition, this appendix 
includes these mandatory specifications and procedures in its guidelines 
in order to make this appendix coherent and helpful. The mandatory 
nature of the criteria which appear in the regulatory text is not 
changed because they are included in this ``non-mandatory'' appendix. 
Similarly, the additional criteria and procedures included as guidelines 
in the appendix, do not become mandatory because mandatory criteria are 
also included in these comprehensive guidelines.
    In addition, none of the criteria, both mandatory and recommended, 
are meant to specify or imply the need for use of patented or licensed 
methods or equipment. Recommended specifications included in this 
attachment should not discourage the use of creative alternatives which 
can be shown to reliably achieve the objectives of negative-pressure 
enclosures.
    Requirements included in this appendix, cover general provisions to 
be followed in all asbestos jobs, provisions which must be followed for 
all Class I asbestos jobs, and provisions governing the construction and 
testing of negative pressure enclosures. The first category includes the 
requirement for use of wet methods, HEPA vacuums, and immediate bagging 
of waste; Class I work must conform to the following provisions:
     oversight by competent person
     use of critical barriers over all openings to work area
     isolation of HVAC systems
     use of impermeable dropcloths and coverage of all objects 
within regulated areas
    In addition, more specific requirements for NPEs include:
     maintenance of -0.02 inches water gauge within enclosure
     manometric measurements
     air movement away from employees performing removal work
     smoke testing or equivalent for detection of leaks and air 
direction
     deactivation of electrical circuits, if not provided with 
ground-fault circuit interrupters.

                          Planning the Project

    The standard requires that an exposure assessment be conducted 
before the asbestos job is begun Sec. 1915.1001(f)(1). Information 
needed for that assessment, includes data relating to prior similar 
jobs, as applied to the specific variables of the current job. The 
information needed to conduct the assessment will be useful in planning 
the project, and in complying with any reporting requirements under this 
standard, when significant changes are being made to a control system 
listed in the standard, [see paragraph (k) of this section], as well as 
those of USEPA (40 CFR Part 61, subpart M). Thus, although the standard 
does not explicitly require the preparation of a written asbestos 
removal plan, the usual constituents of such a plan, i.e., a description 
of the enclosure, the equipment, and the procedures to be used 
throughout the

[[Page 167]]

project, must be determined before the enclosure can be erected. The 
following information should be included in the planning of the system:
    A physical description of the work area;
    A description of the approximate amount of material to be removed;
    A schedule for turning off and sealing existing ventilation systems;
    Personnel hygiene procedures;
    A description of personal protective equipment and clothing to worn 
by employees;
    A description of the local exhaust ventilation systems to be used 
and how they are to be tested;
    A description of work practices to be observed by employees;
    An air monitoring plan;
    A description of the method to be used to transport waste material; 
and
    The location of the dump site.

         Materials and Equipment Necessary for Asbestos Removal

    Although individual asbestos removal projects vary in terms of the 
equipment required to accomplish the removal of the materials, some 
equipment and materials are common to most asbestos removal operations.
    Plastic sheeting used to protect horizontal surfaces, seal HVAC 
openings or to seal vertical openings and ceilings should have a minimum 
thickness of 6 mils. Tape or other adhesive used to attach plastic 
sheeting should be of sufficient adhesive strength to support the weight 
of the material plus all stresses encountered during the entire duration 
of the project without becoming detached from the surface.
    Other equipment and materials which should be available at the 
beginning of each project are:
    --HEPA Filtered Vacuum is essential for cleaning the work area after 
the asbestos has been removed. It should have a long hose capable of 
reaching out-of-the-way places, such as areas above ceiling tiles, 
behind pipes, etc.
    --Portable air ventilation systems installed to provide the negative 
air pressure and air removal from the enclosure must be equipped with a 
HEPA filter. The number and capacity of units required to ventilate an 
enclosure depend on the size of the area to be ventilated. The filters 
for these systems should be designed in such a manner that they can be 
replaced when the air flow volume is reduced by the build-up of dust in 
the filtration material. Pressure monitoring devices with alarms and 
strip chart recorders attached to each system to indicate the pressure 
differential and the loss due to dust buildup on the filter are 
recommended.
--Water sprayers should be used to keep the asbestos material as 
saturated as possible during removal; the sprayers will provide a fine 
mist that minimizes the impact of the spray on the material.
--Water used to saturate the asbestos containing material can be amended 
by adding at least 15 milliliters (\1/4\ ounce) of wetting agent in 1 
liter (1 pint) of water. An example of a wetting agent is a 50/50 
mixture of polyoxyethylene ether and polyoxyethylene polyglycol ester.
--Backup power supplies are recommended, especially for ventilation 
systems.
--Shower and bath water should be with mixed hot and cold water faucets. 
Water that has been used to clean personnel or equipment should either 
be filtered or be collected and discarded as asbestos waste. Soap and 
shampoo should be provided to aid in removing dust from the workers' 
skin and hair.
--See paragraphs (h) and (i) of this section for appropriate respiratory 
protection and protective clothing.
--See paragraph (k) of this section for required signs and labels.

                         Preparing the Work Area

    Disabling HVAC Systems: The power to the heating, ventilation, and 
air conditioning systems that service the restricted area must be 
deactivated and locked off. All ducts, grills, access ports, windows and 
vents must be sealed off with two layers of plastic to prevent 
entrainment of contaminated air.
    Operating HVAC Systems in the Restricted Area: If components of a 
HVAC system located in the restricted area are connected to a system 
that will service another zone during the project, the portion of the 
duct in the restricted area must be sealed and pressurized. Necessary 
precautions include caulking the duct joints, covering all cracks and 
openings with two layers of sheeting, and pressurizing the duct 
throughout the duration of the project by restricting the return air 
flow. The power to the fan supplying the positive pressure should be 
locked ``on'' to prevent pressure loss.
    Sealing Elevators: If an elevator shaft is located in the restricted 
area, it should be either shut down or isolated by sealing with two 
layers of plastic sheeting. The sheeting should provide enough slack to 
accommodate the pressure changes in the shaft without breaking the air-
tight seal.
    Removing Mobile Objects: All movable objects should be cleaned and 
removed from the work area before an enclosure is constructed unless 
moving the objects creates a hazard. Mobile objects will be assumed to 
be contaminated and should be either cleaned with amended water and a 
HEPA vacuum and then removed from the area or wrapped and then disposed 
of as hazardous waste.
    Cleaning and Sealing Surfaces: After cleaning with water and a HEPA 
vacuum, surfaces of stationary objects should be covered with two layers 
of plastic sheeting. The

[[Page 168]]

sheeting should be secured with duct tape or an equivalent method to 
provide a tight seal around the object.
    Bagging Waste: In addition to the requirement for immediate bagging 
of waste for disposal, it is further recommended that the waste material 
be double-bagged and sealed in plastic bags designed for asbestos 
disposal. The bags should be stored in a waste storage area that can be 
controlled by the workers conducting the removal. Filters removed from 
air handling units and rubbish removed from the area are to be bagged 
and handled as hazardous waste.

                       Constructing the Enclosure

    The enclosure should be constructed to provide an air-tight seal 
around ducts and openings into existing ventilation systems and around 
penetrations for electrical conduits, telephone wires, water lines, 
drain pipes, etc. Enclosures should be both airtight and watertight 
except for those openings designed to provide entry and/or air flow 
control.
    Size: An enclosure should be the minimum volume to encompass all of 
the working surfaces yet allow unencumbered movement by the worker(s), 
provide unrestricted air flow past the worker(s), and ensure walking 
surfaces can be kept free of tripping hazards.
    Shape: The enclosure may be any shape that optimizes the flow of 
ventilation air past the worker(s).
    Structural Integrity: The walls, ceilings and floors must be 
supported in such a manner that portions of the enclosure will not fall 
down during normal use.
    Openings: It is not necessary that the structure be airtight; 
openings may be designed to direct air flow. Such openings should be 
located at a distance from active removal operations. They should be 
designed to draw air into the enclosure under all anticipated 
circumstances. In the event that negative pressure is lost, they should 
be fitted with either HEPA filters to trap dust or automatic trap doors 
that prevent dust from escaping the enclosure. Openings for exits should 
be controlled by an airlock or a vestibule.
    Barrier Supports: Frames should be constructed to support all 
unsupported spans of sheeting.
    Sheeting: Walls, barriers, ceilings, and floors should be lined with 
two layers of plastic sheeting having a thickness of at least 6 mil.
    Seams: Seams in the sheeting material should be minimized to reduce 
the possibilities of accidental rips and tears in the adhesive or 
connections. All seams in the sheeting should overlap, be staggered and 
not be located at corners or wall-to- floor joints. Areas Within an 
Enclosure: Each enclosure consists of a work area, a decontamination 
area, and waste storage area. The work area where the asbestos removal 
operations occur should be separated from both the waste storage area 
and the contamination control area by physical curtains, doors, and/or 
airflow patterns that force any airborne contamination back into the 
work area.
    See paragraph (j) of Sec. 1915.1001 for requirements for hygiene 
facilities.
    During egress from the work area, each worker should step into the 
equipment room, clean tools and equipment, and remove gross 
contamination from clothing by wet cleaning and HEPA vacuuming. Before 
entering the shower area, foot coverings, head coverings, hand 
coverings, and coveralls are removed and placed in impervious bags for 
disposal or cleaning. Airline connections from airline respirators with 
HEPA disconnects and power cables from powered air-purifying respirators 
(PAPRs) will be disconnected just prior to entering the shower room.

           Establishing Negative Pressure Within the Enclosure

    Negative Pressure: Air is to be drawn into the enclosure under all 
anticipated conditions and exhausted through a HEPA filter for 24 hours 
a day during the entire duration of the project.
    Air Flow Tests: Air flow patterns will be checked before removal 
operations begin, at least once per operating shift and any time there 
is a question regarding the integrity of the enclosure. The primary test 
for air flow is to trace air currents with smoke tubes or other visual 
methods. Flow checks are made at each opening and at each doorway to 
demonstrate that air is being drawn into the enclosure and at each 
worker's position to show that air is being drawn away from the 
breathing zone.
    Monitoring Pressure Within the Enclosure: After the initial air flow 
patterns have been checked, the static pressure must be monitored within 
the enclosure. Monitoring may be made using manometers, pressure gauges, 
or combinations of these devices. It is recommended that they be 
attached to alarms and strip chart recorders at points identified by the 
design engineer.
    Corrective Actions: If the manometers or pressure gauges demonstrate 
a reduction in pressure differential below the required level, work 
should cease and the reason for the change investigated and appropriate 
changes made. The air flow patterns should be retested before work 
begins again.
    Pressure Differential: The design parameters for static pressure 
differentials between the inside and outside of enclosures typically 
range from 0.02 to 0.10 inches of water gauge, depending on conditions. 
All zones inside the enclosure must have less pressure than the ambient 
pressure outside of the enclosure (-0.02 inches water gauge 
differential). Design specifications for the

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differential vary according to the size, configuration, and shape of the 
enclosure as well as ambient and mechanical air pressure conditions 
around the enclosure.
    Air Flow Patterns: The flow of air past each worker shall be 
enhanced by positioning the intakes and exhaust ports to remove 
contaminated air from the worker's breathing zone, by positioning HEPA 
vacuum cleaners to draw air from the worker's breathing zone, by forcing 
relatively uncontaminated air past the worker toward an exhaust port, or 
by using a combination of methods to reduce the worker's exposure.
    Air Handling Unit Exhaust: The exhaust plume from air handling units 
should be located away from adjacent personnel and intakes for HVAC 
systems.
    Air Flow Volume: The air flow volume (cubic meters per minute) 
exhausted (removed) from the workplace must exceed the amount of makeup 
air supplied to the enclosure. The rate of air exhausted from the 
enclosure should be designed to maintain a negative pressure in the 
enclosure and air movement past each worker. The volume of air flow 
removed from the enclosure should replace the volume of the container at 
every 5 to 15 minutes. Air flow volume will need to be relatively high 
for large enclosures, enclosures with awkward shapes, enclosures with 
multiple openings, and operations employing several workers in the 
enclosure.
    Air Flow Velocity: At each opening, the air flow velocity must 
visibly ``drag'' air into the enclosure. The velocity of air flow within 
the enclosure must be adequate to remove airborne contamination from 
each worker's breathing zone without disturbing the asbestos-containing 
material on surfaces.
    Airlocks: Airlocks are mechanisms on doors and curtains that control 
the air flow patterns in the doorways. If air flow occurs, the patterns 
through doorways must be such that the air flows toward the inside of 
the enclosure. Sometimes vestibules, double doors, or double curtains 
are used to prevent air movement through the doorways. To use a 
vestibule, a worker enters a chamber by opening the door or curtain and 
then closing the entry before opening the exit door or curtain.
    Airlocks should be located between the equipment room and shower 
room, between the shower room and the clean room, and between the waste 
storage area and the outside of the enclosure. The air flow between 
adjacent rooms must be checked using smoke tubes or other visual tests 
to ensure the flow patterns draw air toward the work area without 
producing eddies.

                 Monitoring for Airborne Concentrations

    In addition to the breathing zone samples taken as outlined in 
paragraph (f) of Sec. 1915.1001 , samples of air should be taken to 
demonstrate the integrity of the enclosure, the cleanliness of the clean 
room and shower area, and the effectiveness of the HEPA filter. If the 
clean room is shown to be contaminated, the room must be relocated to an 
uncontaminated area.
    Samples taken near the exhaust of portable ventilation systems must 
be done with care.

                         General Work Practices

    Preventing dust dispersion is the primary means of controlling the 
spread of asbestos within the enclosure. Whenever practical, the point 
of removal should be isolated, enclosed, covered, or shielded from the 
workers in the area. Waste asbestos containing materials must be bagged 
during or immediately after removal; the material must remain saturated 
until the waste container is sealed.
    Waste material with sharp points or corners must be placed in hard 
air-tight containers rather than bags.
    Whenever possible, large components should be sealed in plastic 
sheeting and removed intact.
    Bags or containers of waste will be moved to the waste holding area, 
washed, and wrapped in a bag with the appropriate labels.

                         Cleaning the Work Area

    Surfaces within the work area should be kept free of visible dust 
and debris to the extent feasible. Whenever visible dust appears on 
surfaces, the surfaces within the enclosure must be cleaned by wiping 
with a wet sponge, brush, or cloth and then vacuumed with a HEPA vacuum.
    All surfaces within the enclosure should be cleaned before the 
exhaust ventilation system is deactivated and the enclosure is 
disassembled. An approved encapsulant may be sprayed onto areas after 
the visible dust has been removed.

                 Appendix G to Sec. 1915.1001 [Reserved]

   Appendix H to Sec. 1915.1001--Substance Technical Information for 
                         Asbestos. Non-Mandatory

                       I. Substance Identification

    A. Substance: ``Asbestos'' is the name of a class of magnesium-
silicate minerals that occur in fibrous form. Minerals that are included 
in this group are chrysotile, crocidolite, amosite, anthophyllite 
asbestos, tremolite asbestos, and actinolite asbestos.
    B. Asbestos is and was used in the manufacture of heat-resistant 
clothing, automotive brake and clutch linings, and a variety of building 
materials including floor tiles, roofing felts, ceiling tiles, asbestos-
cement pipe and sheet, and fire-resistant drywall. Asbestos is also 
present in pipe and boiler insulation materials and in sprayed-on

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materials located on beams, in crawlspaces, and between walls.
    C. The potential for an asbestos-containing product to release 
breathable fibers depends largely on its degree of friability. Friable 
means that the material can be crumbled with hand pressure and is 
therefore likely to emit fibers. The fibrous fluffy sprayed-on materials 
used for fireproofing, insulation, or sound proofing are considered to 
be friable, and they readily release airborne fibers if disturbed. 
Materials such as vinyl-asbestos floor tile or roofing felt are 
considered non-friable if intact and generally do not emit airborne 
fibers unless subjected to sanding, sawing and other aggressive 
operations. Asbestos--cement pipe or sheet can emit airborne fibers if 
the materials are cut or sawed, or if they are broken.
    D. Permissible exposure: Exposure to airborne asbestos fibers may 
not exceed 0.1 fibers per cubic centimeter of air (0.1 f/cc) averaged 
over the 8-hour workday, and 1 fiber per cubic centimeter of air (1.0 f/
cc) averaged over a 30 minute work period.

                         II. Health Hazard Data

    A. Asbestos can cause disabling respiratory disease and various 
types of cancers if the fibers are inhaled. Inhaling or ingesting fibers 
from contaminated clothing or skin can also result in these diseases. 
The symptoms of these diseases generally do not appear for 20 or more 
years after initial exposure.
    B. Exposure to asbestos has been shown to cause lung cancer, 
mesothelioma, and cancer of the stomach and colon. Mesothelioma is a 
rare cancer of the thin membrane lining of the chest and abdomen. 
Symptoms of mesothelioma include shortness of breath, pain in the walls 
of the chest, and/or abdominal pain.

                III. Respirators and Protective Clothing

    A. Respirators: You are required to wear a respirator when 
performing tasks that result in asbestos exposure that exceeds the 
permissible exposure limit (PEL) of 0.1 f/cc and when performing certain 
designated operations. Air-purifying respirators equipped with a high-
efficiency particulate air (HEPA) filter can be used where airborne 
asbestos fiber concentrations do not exceed 1.0 f/cc; otherwise, more 
protective respirators such as air-supplied, positive-pressure, full 
facepiece respirators must be used. Disposable respirators or dust masks 
are not permitted to be used for asbestos work. For effective 
protection, respirators must fit your face and head snugly. Your 
employer is required to conduct a fit test when you are first assigned a 
respirator and every 6 months thereafter. Respirators should not be 
loosened or removed in work situations where their use is required.
    B. Protective Clothing: You are required to wear protective clothing 
in work areas where asbestos fiber concentrations exceed the permissible 
exposure limit (PEL) of 0.1 f/cc.

                  IV. Disposal Procedures and Clean-up

    A. Wastes that are generated by processes where asbestos is present 
include:
    1. Empty asbestos shipping containers.
    2. Process wastes such as cuttings, trimmings, or reject materials.
    3. Housekeeping waste from wet-sweeping or HEPA-vacuuming.
    4. Asbestos fireproofing or insulating material that is removed from 
buildings.
    5. Asbestos-containing building products removed during building 
renovation or demolition.
    6. Contaminated disposable protective clothing.
    B. Empty shipping bags can be flattened under exhaust hoods and 
packed into airtight containers for disposal. Empty shipping drums are 
difficult to clean and should be sealed.
    C. Vacuum bags or disposable paper filters should not be cleaned, 
but should be sprayed with a fine water mist and placed into a labeled 
waste container.
    D. Process waste and housekeeping waste should be wetted with water 
or a mixture of water and surfactant prior to packaging in disposable 
containers.
    E. Asbestos-containing material that is removed from buildings must 
be disposed of in leak-tight 6-mil plastic bags, plastic-lined cardboard 
containers, or plastic-lined metal containers. These wastes, which are 
removed while wet, should be sealed in containers before they dry out to 
minimize the release of asbestos fibers during handling.

                        V. Access to Information

    A. Each year, your employer is required to inform you of the 
information contained in this standard and appendices for asbestos. In 
addition, your employer must instruct you in the proper work practices 
for handling asbestos-containing materials, and the correct use of 
protective equipment.
    B. Your employer is required to determine whether you are being 
exposed to asbestos. Your employer must treat exposure to thermal system 
insulation and sprayed-on and troweled-on surfacing material as asbestos 
exposure, unless results of laboratory analysis show that the material 
does not contain asbestos. You or your representative has the right to 
observe employee measurements and to record the results obtained. Your 
employer is required to inform you of your exposure, and, if you are 
exposed above the permissible exposure limit, he or she is required to 
inform you of the actions that are being taken to reduce your exposure 
to within the permissible limit.

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    C. Your employer is required to keep records of your exposures and 
medical examinations. These exposure records must be kept for at least 
thirty (30) years. Medical records must be kept for the period of your 
employment plus thirty (30) years.
    D. Your employer is required to release your exposure and medical 
records to your physician or designated representative upon your written 
request.

   Appendix I to Sec. 1915.1001--Medical Surveillance Guidelines for 
                         Asbestos, Non-Mandatory

                            I. Route of Entry

    Inhalation, ingestion.

                             II. Toxicology

    Clinical evidence of the adverse effects associated with exposure to 
asbestos is present in the form of several well- conducted 
epidemiological studies of occupationally exposed workers, family 
contacts of workers, and persons living near asbestos mines. These 
studies have shown a definite association between exposure to asbestos 
and an increased incidence of lung cancer, pleural and peritoneal 
mesothelioma, gastrointestinal cancer, and asbestosis. The latter is a 
disabling fibrotic lung disease that is caused only by exposure to 
asbestos. Exposure to asbestos has also been associated with an 
increased incidence of esophageal, kidney, laryngeal, pharyngeal, and 
buccal cavity cancers. As with other known chronic occupational 
diseases, disease associated with asbestos generally appears about 20 
years following the first occurrence of exposure: There are no known 
acute effects associated with exposure to asbestos.
    Epidemiological studies indicate that the risk of lung cancer among 
exposed workers who smoke cigarettes is greatly increased over the risk 
of lung cancer among non-exposed smokers or exposed nonsmokers. These 
studies suggest that cessation of smoking will reduce the risk of lung 
cancer for a person exposed to asbestos but will not reduce it to the 
same level of risk as that existing for an exposed worker who has never 
smoked.

           III. Signs and Symptoms of Exposure Related Disease

    The signs and symptoms of lung cancer or gastrointestinal cancer 
induced by exposure to asbestos are not unique, except that a chest X-
ray of an exposed patient with lung cancer may show pleural plaques, 
pleural calcification, or pleural fibrosis. Symptoms characteristic of 
mesothelioma include shortness of breath, pain in the walls of the 
chest, or abdominal pain. Mesothelioma has a much longer latency period 
compared with lung cancer (40 years versus 15-20 years), and 
mesothelioma is therefore more likely to be found among workers who were 
first exposed to asbestos at an early age. Mesothelioma is always fatal.
    Asbestosis is pulmonary fibrosis caused by the accumulation of 
asbestos fibers in the lungs. Symptoms include shortness of breath, 
coughing, fatigue, and vague feelings of sickness. When the fibrosis 
worsens, shortness of breath occurs even at rest. The diagnosis of 
asbestosis is based on a history of exposure to asbestos, the presence 
of characteristics radiologic changes, end-inspiratory crackles (rales), 
and other clinical features of fibrosing lung disease. Pleural plaques 
and thickening are observed on X-rays taken during the early sates of 
the disease. Asbestosis is often a progressive disease even in the 
absence of continued exposure, although this appears to be a highly 
individualized characteristic. In severe cases, death may be caused by 
respiratory or cardiac failure.

             IV. Surveillance and Preventive Considerations

    As noted above, exposure to asbestos have been linked to an 
increased risk of lung cancer, mesothelioma, gastrointestinal cancer, 
and asbestosis among occupationally exposed workers. Adequate screening 
tests to determine an employee's potential for developing serious 
chronic diseases, such as a cancer, from exposure to asbestos do not 
presently exist. However, some tests, particularly chest X-rays and 
pulmonary function tests, may indicate that an employee has been 
overexposed to asbestos increasing his or her risk of developing 
exposure related chronic diseases. It is important for the physician to 
become familiar with the operating conditions in which occupational 
exposure to asbestos is likely to occur. This is particularly important 
in evaluating medical and work histories and in conducting physical 
examinations. When an active employee has been identified as having been 
overexposed to asbestos measures taken by the employer to eliminate or 
mitigate further exposure should also lower the risk of serious long-
term consequences.
    The employer is required to institute a medical surveillance program 
for all employees who are or will be exposed to asbestos at or above the 
permissible exposure limits (0.1 fiber per cubic centimeter of air) for 
30 or more days per year and for all employees who are assigned to wear 
a negative-pressure respirator. All examinations and procedures must be 
performed by or under the supervision of licensed physician at a 
reasonable time and place, and at no cost to the employee.
    Although broad latitude is given to the physician in prescribing 
specific tests to be included in the medical surveillance program, OSHA 
requires inclusion of the following elements in the routine examination,

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    (i) Medical and work histories with special emphasis directed to 
symptoms of the respiratory system, cardiovascular system, and digestive 
tract.
    (ii) Completion of the respiratory disease questionnaire contained 
in Appendix D to this section.
    (iii) A physical examination including a chest roentgenogram and 
pulmonary function test that include measurement of the employee's 
forced vital capacity (FYC) and forced expiratory volume at one second 
(FEV1).
    (iv) Any laboratory or other test that the examining physician deems 
by sound medical practice to be necessary.
    The employer is required to make the prescribed tests available at 
least annually to those employees covered; more often than specified if 
recommended by the examining physician; and upon termination of 
employment.
    The employer is required to provide the physician with the following 
information: A copy of this standard and appendices; a description of 
the employee's duties as they relate to asbestos exposure; the 
employee's representative level of exposure to asbestos; a description 
of any personal protective and respiratory equipment used; and 
information from previous medical examinations of the affected employee 
that is not otherwise available to the physician. Making this 
information available to the physician will aid in the evaluation of the 
employee's health in relation to assigned duties and fitness to wear 
personal protective equipment, if required.
    The employer is required to obtain a written opinion from the 
examining physician containing the results of the medical examination; 
the physician's opinion as to whether the employee has any detected 
medical conditions that would place the employee at an increased risk of 
exposure-related disease; any recommended limitations on the employee or 
on the use of personal protective equipment; and a statement that the 
employee has been informed by the physician of the results of the 
medical examination and of any medical conditions related to asbestos 
exposure that require further explanation or treatment. This written 
opinion must not reveal specific findings or diagnoses unrelated to 
exposure to asbestos, and a copy of the opinion must be provided to the 
affected employee.

Appendix J to Sec. 1915.1001--Smoking Cessation Program Information for 
                         Asbestos--Non-Mandatory

    The following organizations provide smoking cessation information.
    1. The National Cancer Institute operates a toll-free Cancer 
Information Service (CIS) with trained personnel to help you. Call 1-
800-4-CANCER* to reach the CIS office serving your area, or write: 
Office of Cancer Communications, National Cancer Institute, National 
Institutes of Health, Building 31, Room 10A24, Bethesda, Maryland 20892.
    2. American Cancer Society, 3340 Peachtree Road, N.E., Atlanta, 
Georgia 30026, (404) 320-3333.
    The American Cancer Society (ACS) is a voluntary organization 
composed of 58 divisions and 3,100 local units. Through ``The Great 
American Smokeout'' in November, the annual Cancer Crusade in April, and 
numerous educational materials, ACS helps people learn about the health 
hazards of smoking and become successful ex-smokers.
    3. American Heart Association, 7320 Greenville Avenue, Dallas, Texas 
75231, (214) 750-5300.
    The American Heart Association (AHA) is a voluntary organization 
with 130,000 members (physicians, scientists, and laypersons) in 55 
state and regional groups. AHA produces a variety of publications and 
audiovisual materials about the effects of smoking on the heart. AHA 
also has developed a guidebook for incorporating a weight-control 
component into smoking cessation programs.
    4. American Lung Association, 1740 Broadway, New York, New York 
10019, (212) 245-8000.
    A voluntary organization of 7,500 members (physicians, nurses, and 
laypersons), the American Lung Association (ALA) conducted numerous 
public information programs about the health effects of smoking. ALA has 
59 state and 85 local units. The organization actively supports 
legislation and information campaigns for non-smokers' rights and 
provides help for smokers who want to quit, for example, through 
``Freedom From Smoking,'' a self-help smoking cessation program.
    5. Office on Smoking and Health, U.S. Department of Health and Human 
Services 5600 Fishers Lane, Park Building, Room 110, Rockville, Maryland 
20857.
    The Office on Smoking and Health (OSHA) is the Department of Health 
and Human Services' lead agency in smoking control. OSHA has sponsored 
distribution of publications on smoking-related topics, such as free 
flyers on relapse after initial quitting, helping a friend or family 
member quit smoking, the health hazards of smoking, and the effects of 
parental smoking on teenagers.
    *In Hawaii, on Oahu call 524-1234 (call collect from neighboring 
islands),
    Spanish-speaking staff members are available during daytime hours to 
callers from the following areas: California, Florida, Georgia, 
Illinois, New Jersey (area code 201), New York, and Texas. Consult your 
local telephone directory for listings of local chapters.

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 Appendix K to Sec. 1915.1001--Polarized Light Microscopy of Asbestos--
                              Non-Mandatory

Method number: ID-191
Matrix: Bulk

                          Collection Procedure

    Collect approximately 1 to 2 grams of each type of material and 
place into separate 20 mL scintillation vials.

                          Analytical Procedure

    A portion of each separate phase is analyzed by gross examination, 
phase-polar examination, and central stop dispersion microscopy.
    Commercial manufacturers and products mentioned in this method are 
for descriptive use only and do not constitute endorsements by USDOL-
OSHA. Similar products from other sources may be substituted.

                             1. Introduction

    This method describes the collection and analysis of asbestos bulk 
materials by light microscopy techniques including phase- polar 
illumination and central-stop dispersion microscopy. Some terms unique 
to asbestos analysis are defined below:
    Amphibole: A family of minerals whose crystals are formed by long, 
thin units which have two thin ribbons of double chain silicate with a 
brucite ribbon in between. The shape of each unit is similar to an ``I 
beam''. Minerals important in asbestos analysis include cummingtonite-
grunerite, crocidolite, tremolite- actinolite and anthophyllite.
    Asbestos: A term for naturally occurring fibrous minerals. Asbestos 
includes chrysotile, cummingtonite-grunerite asbestos (amosite), 
anthophyllite asbestos, tremolite asbestos, crocidolite, actinolite 
asbestos and any of these minerals which have been chemically treated or 
altered. The precise chemical formulation of each species varies with 
the location from which it was mined. Nominal compositions are listed:

                                                              Chrysotile
        .....................................Mg3Si2
                                           O5(OH)4
Crocidolite (Riebeckite asbestos) 
Na2Fe32+Fe23+Si8
                                          O22(OH)2
Cummingtonite-Grunerite asbestos (Amosite) 
         (Mg,Fe)7Si8O22(OH)2
                                           Tremolite-Actinolite asbestos
        ......Ca2(Mg,Fe)5Si8O22
                                                        (OH)2
                                                  Anthophyllite asbestos
        ...................(Mg,Fe)7Si8O22
                                                        (OH)2

    Asbestos Fiber: A fiber of asbestos meeting the criteria for a 
fiber. (See section 3.5.)
    Aspect Ratio: The ratio of the length of a fiber to its diameter 
usually defined as ``length : width'', e.g. 3:1.
    Brucite: A sheet mineral with the composition Mg(OH)2.
    Central Stop Dispersion Staining (microscope): This is a dark field 
microscope technique that images particles using only light refracted by 
the particle, excluding light that travels through the particle 
unrefracted. This is usually accomplished with a McCrone objective or 
other arrangement which places a circular stop with apparent aperture 
equal to the objective aperture in the back focal plane of the 
microscope.
    Cleavage Fragments: Mineral particles formed by the comminution of 
minerals, especially those characterized by relatively parallel sides 
and moderate aspect ratio.
    Differential Counting: The term applied to the practice of excluding 
certain kinds of fibers from a phase contrast asbestos count because 
they are not asbestos.
    Fiber: A particle longer than or equal to 5 m with a length 
to width ratio greater than or equal to 3:1. This may include cleavage 
fragments. (see section 3.5 of this appendix).
    Phase Contrast: Contrast obtained in the microscope by causing light 
scattered by small particles to destructively interfere with unscattered 
light, thereby enhancing the visibility of very small particles and 
particles with very low intrinsic contrast.
    Phase Contrast Microscope: A microscope configured with a phase mask 
pair to create phase contrast. The technique which uses this is called 
Phase Contrast Microscopy (PCM).
    Phase-Polar Analysis: This is the use of polarized light in a phase 
contrast microscope. It is used to see the same size fibers that are 
visible in air filter analysis. Although fibers finer than 1 m 
are visible, analysis of these is inferred from analysis of larger 
bundles that are usually present.
    Phase-Polar Microscope: The phase-polar microscope is a phase 
contrast microscope which has an analyzer, a polarizer, a first order 
red plate and a rotating phase condenser all in place so that the 
polarized light image is enhanced by phase contrast.
    Sealing Encapsulant: This is a product which can be applied, 
preferably by spraying, onto an asbestos surface which will seal the 
surface so that fibers cannot be released.
    Serpentine: A mineral family consisting of minerals with the general 
composition Mg3(Si2O5(OH)4 having the 
magnesium in brucite layer over a silicate layer. Minerals important in 
asbestos analysis included in this family are chrysotile, lizardite, 
antigorite.

                              1.1. History

    Light microscopy has been used for well over 100 years for the 
determination of mineral species. This analysis is carried out using 
specialized polarizing microscopes as well as bright field microscopes. 
The identification of minerals is an on-going process with many new 
minerals described each year. The first recorded use of asbestos was

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in Finland about 2500 B.C. where the material was used in the mud wattle 
for the wooden huts the people lived in as well as strengthening for 
pottery. Adverse health aspects of the mineral were noted nearly 2000 
years ago when Pliny the Younger wrote about the poor health of slaves 
in the asbestos mines. Although known to be injurious for centuries, the 
first modern references to its toxicity were by the British Labor 
Inspectorate when it banned asbestos dust from the workplace in 1898. 
Asbestosis cases were described in the literature after the turn of the 
century. Cancer was first suspected in the mid 1930's and a causal link 
to mesothelioma was made in 1965. Because of the public concern for 
worker and public safety with the use of this material, several 
different types of analysis were applied to the determination of 
asbestos content. Light microscopy requires a great deal of experience 
and craft. Attempts were made to apply less subjective methods to the 
analysis. X-ray diffraction was partially successful in determining the 
mineral types but was unable to separate out the fibrous portions from 
the non-fibrous portions. Also, the minimum detection limit for asbestos 
analysis by X-ray diffraction (XRD) is about 1%. Differential Thermal 
Analysis (DTA) was no more successful. These provide useful 
corroborating information when the presence of asbestos has been shown 
by microscopy; however, neither can determine the difference between 
fibrous and non-fibrous minerals when both habits are present. The same 
is true of Infrared Absorption (IR).
    When electron microscopy was applied to asbestos analysis, hundreds 
of fibers were discovered present too small to be visible in any light 
microscope. There are two different types of electron microscope used 
for asbestos analysis: Scanning Electron Microscope (SEM) and 
Transmission Electron Microscope (TEM). Scanning Electron Microscopy is 
useful in identifying minerals. The SEM can provide two of the three 
pieces of information required to identify fibers by electron 
microscopy: morphology and chemistry. The third is structure as 
determined by Selected Area Electron Diffraction--SAED which is 
performed in the TEM. Although the resolution of the SEM is sufficient 
for very fine fibers to be seen, accuracy of chemical analysis that can 
be performed on the fibers varies with fiber diameter in fibers of less 
than 0.2 m diameter. The TEM is a powerful tool to identify 
fibers too small to be resolved by light microscopy and should be used 
in conjunction with this method when necessary. The TEM can provide all 
three pieces of information required for fiber identification. Most 
fibers thicker than 1 m can adequately be defined in the light 
microscope. The light microscope remains as the best instrument for the 
determination of mineral type. This is because the minerals under 
investigation were first described analytically with the light 
microscope. It is inexpensive and gives positive identification for most 
samples analyzed. Further, when optical techniques are inadequate, there 
is ample indication that alternative techniques should be used for 
complete identification of the sample.

                             1.2. Principle

    Minerals consist of atoms that may be arranged in random order or in 
a regular arrangement. Amorphous materials have atoms in random order 
while crystalline materials have long range order. Many materials are 
transparent to light, at least for small particles or for thin sections. 
The properties of these materials can be investigated by the effect that 
the material has on light passing through it. The six asbestos minerals 
are all crystalline with particular properties that have been identified 
and cataloged. These six minerals are anisotropic. They have a regular 
array of atoms, but the arrangement is not the same in all directions. 
Each major direction of the crystal presents a different regularity. 
Light photons travelling in each of these main directions will encounter 
different electrical neighborhoods, affecting the path and time of 
travel. The techniques outlined in this method use the fact that light 
traveling through fibers or crystals in different directions will behave 
differently, but predictably. The behavior of the light as it travels 
through a crystal can be measured and compared with known or determined 
values to identify the mineral species. Usually, Polarized Light 
Microscopy (PLM) is performed with strain-free objectives on a bright-
field microscope platform. This would limit the resolution of the 
microscope to about 0.4 m. Because OSHA requires the counting 
and identification of fibers visible in phase contrast, the phase 
contrast platform is used to visualize the fibers with the polarizing 
elements added into the light path. Polarized light methods cannot 
identify fibers finer than about 1m in diameter even though 
they are visible. The finest fibers are usually identified by inference 
from the presence of larger, identifiable fiber bundles. When fibers are 
present, but not identifiable by light microscopy, use either SEM or TEM 
to determine the fiber identity.

                    1.3. Advantages and Disadvantages

    The advantages of light microcopy are:
    (a) Basic identification of the materials was first performed by 
light microscopy and gross analysis. This provides a large base of 
published information against which to check analysis and analytical 
technique.
    (b) The analysis is specific to fibers. The minerals present can 
exist in asbestiform, fibrous, prismatic, or massive varieties all at

[[Page 175]]

the same time. Therefore, bulk methods of analysis such as X-ray 
diffraction, IR analysis, DTA, etc. are inappropriate where the material 
is not known to be fibrous.
    (c) The analysis is quick, requires little preparation time, and can 
be performed on-site if a suitably equipped microscope is available.
    The disadvantages are:
    (a) Even using phase-polar illumination, not all the fibers present 
may be seen. This is a problem for very low asbestos concentrations 
where agglomerations or large bundles of fibers may not be present to 
allow identification by inference.
    (b) The method requires a great degree of sophistication on the part 
of the microscopist. An analyst is only as useful as his mental catalog 
of images. Therefore, a microscopist's accuracy is enhanced by 
experience. The mineralogical training of the analyst is very important. 
It is the basis on which subjective decisions are made.
    (c) The method uses only a tiny amount of material for analysis. 
This may lead to sampling bias and false results (high or low). This is 
especially true if the sample is severely inhomogeneous.
    (d) Fibers may be bound in a matrix and not distinguishable as 
fibers so identification cannot be made.

                         1.4. Method Performance

    1.4.1. This method can be used for determination of asbestos content 
from 0 to 100% asbestos. The detection limit has not been adequately 
determined, although for selected samples, the limit is very low, 
depending on the number of particles examined. For mostly homogeneous, 
finely divided samples, with no difficult fibrous interferences, the 
detection limit is below 1%. For inhomogeneous samples (most samples), 
the detection limit remains undefined. NIST has conducted proficiency 
testing of laboratories on a national scale. Although each round is 
reported statistically with an average, control limits, etc., the 
results indicate a difficulty in establishing precision especially in 
the low concentration range. It is suspected that there is significant 
bias in the low range especially near 1%. EPA tried to remedy this by 
requiring a mandatory point counting scheme for samples less than 10%. 
The point counting procedure is tedious, and may introduce significant 
biases of its own. It has not been incorporated into this method.
    1.4.2. The precision and accuracy of the quantitation tests 
performed in this method are unknown. Concentrations are easier to 
determine in commercial products where asbestos was deliberately added 
because the amount is usually more than a few percent. An analyst's 
results can be ``calibrated'' against the known amounts added by the 
manufacturer. For geological samples, the degree of homogeneity affects 
the precision.
    1.4.3. The performance of the method is analyst dependent. The 
analyst must choose carefully and not necessarily randomly the portions 
for analysis to assure that detection of asbestos occurs when it is 
present. For this reason, the analyst must have adequate training in 
sample preparation, and experience in the location and identification of 
asbestos in samples. This is usually accomplished through substantial 
on-the-job training as well as formal education in mineralogy and 
microscopy.

                           1.5. Interferences

    Any material which is long, thin, and small enough to be viewed 
under the microscope can be considered an interference for asbestos. 
There are literally hundreds of interferences in workplaces. The 
techniques described in this method are normally sufficient to eliminate 
the interferences. An analyst's success in eliminating the interferences 
depends on proper training.
    Asbestos minerals belong to two mineral families: the serpentines 
and the amphiboles. In the serpentine family, the only common fibrous 
mineral is chrysotile. Occasionally, the mineral antigorite occurs in a 
fibril habit with morphology similar to the amphiboles. The amphibole 
minerals consist of a score of different minerals of which only five are 
regulated by federal standard: amosite, crocidolite, anthophyllite 
asbestos, tremolite asbestos and actinolite asbestos. These are the only 
amphibole minerals that have been commercially exploited for their 
fibrous properties; however, the rest can and do occur occasionally in 
asbestiform habit.
    In addition to the related mineral interferences, other minerals 
common in building material may present a problem for some 
microscopists: gypsum, anhydrite, brucite, quartz fibers, talc fibers or 
ribbons, wollastonite, perlite, attapulgite, etc. Other fibrous 
materials commonly present in workplaces are: fiberglass, mineral wool, 
ceramic wool, refractory ceramic fibers, kevlar, nomex, synthetic 
fibers, graphite or carbon fibers, cellulose (paper or wood) fibers, 
metal fibers, etc.
    Matrix embedding material can sometimes be a negative interference. 
The analyst may not be able to easily extract the fibers from the matrix 
in order to use the method. Where possible, remove the matrix before the 
analysis, taking careful note of the loss of weight. Some common matrix 
materials are: vinyl, rubber, tar, paint, plant fiber, cement, and 
epoxy. A further negative interference is that the asbestos fibers 
themselves may be either too small to be seen in Phase contrast 
Microscopy (PCM) or of a very low fibrous quality, having the appearance 
of plant fibers. The analyst's ability to deal with these materials 
increases with experience.

[[Page 176]]

                   1.6. Uses and Occupational Exposure

    Asbestos is ubiquitous in the environment. More than 40% of the land 
area of the United States is composed of minerals which may contain 
asbestos. Fortunately, the actual formation of great amounts of asbestos 
is relatively rare. Nonetheless, there are locations in which 
environmental exposure can be severe such as in the Serpentine Hills of 
California.
    There are thousands of uses for asbestos in industry and the home. 
Asbestos abatement workers are the most current segment of the 
population to have occupational exposure to great amounts of asbestos. 
If the material is undisturbed, there is no exposure. Exposure occurs 
when the asbestos-containing material is abraded or otherwise disturbed 
during maintenance operations or some other activity. Approximately 95% 
of the asbestos in place in the United States is chrysotile.
    Amosite and crocidolite make up nearly all the difference. Tremolite 
and anthophyllite make up a very small percentage. Tremolite is found in 
extremely small amounts in certain chrysotile deposits. Actinolite 
exposure is probably greatest from environmental sources, but has been 
identified in vermiculite containing, sprayed-on insulating materials 
which may have been certified as asbestos-free.

                  1.7. Physical and Chemical Properties

    The nominal chemical compositions for the asbestos minerals were 
given in Section 1. Compared to cleavage fragments of the same minerals, 
asbestiform fibers possess a high tensile strength along the fiber axis. 
They are chemically inert, non-combustible, and heat resistant. Except 
for chrysotile, they are insoluble in Hydrochloric acid (HCl). 
Chrysotile is slightly soluble in HCl. Asbestos has high electrical 
resistance and good sound absorbing characteristics. It can be woven 
into cables, fabrics or other textiles, or matted into papers, felts, 
and mats.

1.8. Toxicology (This Section is for Information Only and Should Not Be 
                          Taken as OSHA Policy)

    Possible physiologic results of respiratory exposure to asbestos are 
mesothelioma of the pleura or peritoneum, interstitial fibrosis, 
asbestosis, pneumoconiosis, or respiratory cancer. The possible 
consequences of asbestos exposure are detailed in the NIOSH Criteria 
Document or in the OSHA Asbestos Standards 29 CFR 1910.1001 and 29 CFR 
1926.1101 and 29 CFR 1915.1001.

                          2. Sampling Procedure

                       2.1. Equipment for Sampling

    (a) Tube or cork borer sampling device
    (b) Knife
    (c) 20 mL scintillation vial or similar vial
    (d) Sealing encapsulant

                         2.2. Safety Precautions

    Asbestos is a known carcinogen. Take care when sampling. While in an 
asbestos-containing atmosphere, a properly selected and fit-tested 
respirator should be worn. Take samples in a manner to cause the least 
amount of dust. Follow these general guidelines:
    (a) Do not make unnecessary dust.
    (b) Take only a small amount (1 to 2 g).
    (c) Tightly close the sample container.
    (d) Use encapsulant to seal the spot where the sample was taken, if 
necessary.

                         2.3. Sampling procedure

    Samples of any suspect material should be taken from an 
inconspicuous place. Where the material is to remain, seal the sampling 
wound with an encapsulant to eliminate the potential for exposure from 
the sample site. Microscopy requires only a few milligrams of material. 
The amount that will fill a 20 mL scintillation vial is more than 
adequate. Be sure to collect samples from all layers and phases of 
material. If possible, make separate samples of each different phase of 
the material. This will aid in determining the actual hazard. DO NOT USE 
ENVELOPES, PLASTIC OR PAPER BAGS OF ANY KIND TO COLLECT SAMPLES. The use 
of plastic bags presents a contamination hazard to laboratory personnel 
and to other samples. When these containers are opened, a bellows effect 
blows fibers out of the container onto everything, including the person 
opening the container.
    If a cork-borer type sampler is available, push the tube through the 
material all the way, so that all layers of material are sampled. Some 
samplers are intended to be disposable. These should be capped and sent 
to the laboratory. If a non-disposable cork borer is used, empty the 
contents into a scintillation vial and send to the laboratory. 
Vigorously and completely clean the cork borer between samples.

                              2.4 Shipment

    Samples packed in glass vials must not touch or they might break in 
shipment.
    (a) Seal the samples with a sample seal over the end to guard 
against tampering and to identify the sample.
    (b) Package the bulk samples in separate packages from the air 
samples. They may cross-contaminate each other and will invalidate the 
results of the air samples.
    (c) Include identifying paperwork with the samples, but not in 
contact with the suspected asbestos.
    (d) To maintain sample accountability, ship the samples by certified 
mail, overnight express, or hand carry them to the laboratory.

[[Page 177]]

                               3. Analysis

    The analysis of asbestos samples can be divided into two major 
parts: sample preparation and microscopy. Because of the different 
asbestos uses that may be encountered by the analyst, each sample may 
need different preparation steps. The choices are outlined below. There 
are several different tests that are performed to identify the asbestos 
species and determine the percentage. They will be explained below.

                               3.1. Safety

    (a) Do not create unnecessary dust. Handle the samples in HEPA-
filter equipped hoods. If samples are received in bags, envelopes or 
other inappropriate container, open them only in a hood having a face 
velocity at or greater than 100 fpm. Transfer a small amount to a 
scintillation vial and only handle the smaller amount.
    (b) Open samples in a hood, never in the open lab area.
    (c) Index of refraction oils can be toxic. Take care not to get this 
material on the skin. Wash immediately with soap and water if this 
happens.
    (d) Samples that have been heated in the muffle furnace or the 
drying oven may be hot. Handle them with tongs until they are cool 
enough to handle.
    (e) Some of the solvents used, such as THF (tetrahydrofuran), are 
toxic and should only be handled in an appropriate fume hood and 
according to instructions given in the Material Safety Data Sheet 
(MSDS).

                             3.2. Equipment

    (a) Phase contrast microscope with 10x, 16x and 40x objectives, 10x 
wide-field eyepieces, G-22 Walton-Beckett graticule, Whipple disk, 
polarizer, analyzer and first order red or gypsum plate, 100 Watt 
illuminator, rotating position condenser with oversize phase rings, 
central stop dispersion objective, Kohler illumination and a rotating 
mechanicalstage. (See Figure 1).
    (b) Stereo microscope with reflected light illumination, transmitted 
light illumination, polarizer, analyzer and first order red or gypsum 
plate, and rotating stage.
    (c) Negative pressure hood for the stereo microscope
    (d) Muffle furnace capable of 600  deg.C
    (e) Drying oven capable of 50-150  deg.C
    (f) Aluminum specimen pans
    (g) Tongs for handling samples in the furnace
    (h) High dispersion index of refraction oils (Special for dispersion 
staining.)

n=1.550
n=1.585
n=1.590
n=1.605
n=1.620
n=1.670
n=1.680
n=1.690

    (i) A set of index of refraction oils from about n=1.350 to n=2.000 
in n=0.005 increments. (Standard for Becke line analysis.)
    (j) Glass slides with painted or frosted ends 1 x 3 inches 1mm 
thick, precleaned.
    (k) Cover Slips 22 x 22 mm, #1\1/2\
    (l) Paper clips or dissection needles
    (m) Hand grinder
    (n) Scalpel with both #10 and #11 blades
    (o) 0.1 molar HCl
    (p) Decalcifying solution (Baxter Scientific Products) 
Ethylenediaminetetraacetic Acid,

Tetrasodium......................................................0.7 g/l
Sodium Potassium Tartrate...................................8.0 mg/liter
Hydrochloric Acid...........................................99.2 g/liter
Sodium Tartrate.............................................0.14 g/liter

    (q) Tetrahydrofuran (THF)
    (r) Hotplate capable of 60  deg.C
    (s) Balance
    (t) Hacksaw blade
    (u) Ruby mortar and pestle

                       3.3. Sample Pre-Preparation

    Sample preparation begins with pre-preparation which may include 
chemical reduction of the matrix, heating the sample to dryness or 
heating in the muffle furnace. The end result is a sample which has been 
reduced to a powder that is sufficiently fine to fit under the cover 
slip. Analyze different phases of samples separately, e.g., tile and the 
tile mastic should be analyzed separately as the mastic may contain 
asbestos while the tile may not.

                             (a) Wet Samples

    Samples with a high water content will not give the proper 
dispersion colors and must be dried prior to sample mounting. Remove the 
lid of the scintillation vial, place the bottle in the drying oven and 
heat at 100  deg.C to dryness (usually about 2 h). Samples which are not 
submitted to the lab in glass must be removed and placed in glass vials 
or aluminum weighing pans before placing them in the drying oven.

          (b) Samples With Organic Interference--Muffle Furnace

    These may include samples with tar as a matrix, vinyl asbestos tile, 
or any other organic that can be reduced by heating. Remove the sample 
from the vial and weigh in a balance to determine the weight of the 
submitted portion. Place the sample in a muffle furnace at 500  deg.C 
for 1 to 2 h or until all obvious organic material has been removed. 
Retrieve, cool and weigh again to determine the weight loss on ignition. 
This is necessary to determine the asbestos content of the submitted 
sample, because the analyst will be looking at a reduced sample.


[[Page 178]]


    Notes: Heating above 600  deg.C will cause the sample to undergo a 
structural change which, given sufficient time, will convert the 
chrysotile to forsterite. Heating even at lower temperatures for 1 to 2 
h may have a measurable effect on the optical properties of the 
minerals. If the analyst is unsure of what to expect, a sample of 
standard asbestos should be heated to the same temperature for the same 
length of time so that it can be examined for the proper interpretation.

               (c) Samples With Organic Interference--THF

    Vinyl asbestos tile is the most common material treated with this 
solvent, although, substances containing tar will sometimes yield to 
this treatment. Select a portion of the material and then grind it up if 
possible. Weigh the sample and place it in a test tube. Add sufficient 
THF to dissolve the organic matrix. This is usually about 4 to 5 mL. 
Remember, THF is highly flammable. Filter the remaining material through 
a tared silver membrane, dry and weigh to determine how much is left 
after the solvent extraction. Further process the sample to remove 
carbonate or mount directly.

                 (d) Samples With Carbonate Interference

    Carbonate material is often found on fibers and sometimes must be 
removed in order to perform dispersion microscopy. Weigh out a portion 
of the material and place it in a test tube. Add a sufficient amount of 
0.1 M HCl or decalcifying solution in the tube to react all the 
carbonate as evidenced by gas formation; i.e., when the gas bubbles 
stop, add a little more solution. If no more gas forms, the reaction is 
complete. Filter the material out through a tared silver membrane, dry 
and weigh to determine the weight lost.

                         3.4. Sample Preparation

    Samples must be prepared so that accurate determination can be made 
of the asbestos type and amount present. The following steps are carried 
out in the low-flow hood (a low-flow hood has less than 50 fpm flow):
    (1) If the sample has large lumps, is hard, or cannot be made to lie 
under a cover slip, the grain size must be reduced. Place a small amount 
between two slides and grind the material between them or grind a small 
amount in a clean mortar and pestle. The choice of whether to use an 
alumina, ruby, or diamond mortar depends on the hardness of the 
material. Impact damage can alter the asbestos mineral if too much 
mechanical shock occurs. (Freezer mills can completely destroy the 
observable crystallinity of asbestos and should not be used). For some 
samples, a portion of material can be shaved off with a scalpel, ground 
off with a hand grinder or hack saw blade.
    The preparation tools should either be disposable or cleaned 
thoroughly. Use vigorous scrubbing to loosen the fibers during the 
washing. Rinse the implements with copious amounts of water and air-dry 
in a dust-free environment.
    (2) If the sample is powder or has been reduced as in 1) above, it 
is ready to mount. Place a glass slide on a piece of optical tissue and 
write the identification on the painted or frosted end. Place two drops 
of index of refraction medium n=1.550 on the slide. (The medium n=1.550 
is chosen because it is the matching index for chrysotile. Dip the end 
of a clean paper-clip or dissecting needle into the droplet of 
refraction medium on the slide to moisten it. Then dip the probe into 
the powder sample. Transfer what sticks on the probe to the slide. The 
material on the end of the probe should have a diameter of about 3 mm 
for a good mount. If the material is very fine, less sample may be 
appropriate. For non-powder samples such as fiber mats, forceps should 
be used to transfer a small amount of material to the slide. Stir the 
material in the medium on the slide, spreading it out and making the 
preparation as uniform as possible. Place a cover-slip on the 
preparation by gently lowering onto the slide and allowing it to fall 
``trapdoor'' fashion on the preparation to push out any bubbles. Press 
gently on the cover slip to even out the distribution of particulate on 
the slide. If there is insufficient mounting oil on the slide, one or 
two drops may be placed near the edge of the coverslip on the slide. 
Capillary action will draw the necessary amount of liquid into the 
preparation. Remove excess oil with the point of a laboratory wiper.
    Treat at least two different areas of each phase in this fashion. 
Choose representative areas of the sample. It may be useful to select 
particular areas or fibers for analysis. This is useful to identify 
asbestos in severely inhomogeneous samples.
    When it is determined that amphiboles may be present, repeat the 
above process using the appropriate high- dispersion oils until an 
identification is made or all six asbestos minerals have been ruled out. 
Note that percent determination must be done in the index medium 1.550 
because amphiboles tend to disappear in their matching mediums.

                        3.5. Analytical procedure

    Note: This method presumes some knowledge of mineralogy and optical 
petrography.

    The analysis consists of three parts: The determination of whether 
there is asbestos present, what type is present and the determination of 
how much is present. The general flow of the analysis is:
    (1) Gross examination.

[[Page 179]]

    (2) Examination under polarized light on the stereo microscope.
    (3) Examination by phase-polar illumination on the compound phase 
microscope.
    (4) Determination of species by dispersion stain. Examination by 
Becke line analysis may also be used; however, this is usually more 
cumbersome for asbestos determination.
    (5) Difficult samples may need to be analyzed by SEM or TEM, or the 
results from those techniques combined with light microscopy for a 
definitive identification. Identification of a particle as asbestos 
requires that it be asbestiform. Description of particles should follow 
the suggestion of Campbell. (Figure 1)

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[GRAPHIC] [TIFF OMITTED] TR10AU94.024



[[Page 181]]

    For the purpose of regulation, the mineral must be one of the six 
minerals covered and must be in the asbestos growth habit. Large 
specimen samples of asbestos generally have the gross appearance of 
wood. Fibers are easily parted from it. Asbestos fibers are very long 
compared with their widths. The fibers have a very high tensile strength 
as demonstrated by bending without breaking. Asbestos fibers exist in 
bundles that are easily parted, show longitudinal fine structure and may 
be tufted at the ends showing ``bundle of sticks'' morphology. In the 
microscope some of these properties may not be observable. Amphiboles do 
not always show striations along their length even when they are 
asbestos. Neither will they always show tufting. They generally do not 
show a curved nature except for very long fibers. Asbestos and 
asbestiform minerals are usually characterized in groups by extremely 
high aspect ratios (greater than 100:1). While aspect ratio analysis is 
useful for characterizing populations of fibers, it cannot be used to 
identify individual fibers of intermediate to short aspect ratio. 
Observation of many fibers is often necessary to determine whether a 
sample consists of ``cleavage fragments'' or of asbestos fibers.
    Most cleavage fragments of the asbestos minerals are easily 
distinguishable from true asbestos fibers. This is because true cleavage 
fragments usually have larger diameters than 1 m. Internal 
structure of particles larger than this usually shows them to have no 
internal fibrillar structure. In addition, cleavage fragments of the 
monoclinic amphiboles show inclined extinction under crossed polars with 
no compensator. Asbestos fibers usually show extinction at zero degrees 
or ambiguous extinction if any at all. Morphologically, the larger 
cleavage fragments are obvious by their blunt or stepped ends showing 
prismatic habit. Also, they tend to be acicular rather than filiform.
    Where the particles are less than 1 m in diameter and have 
an aspect ratio greater than or equal to 3:1, it is recommended that the 
sample be analyzed by SEM or TEM if there is any question whether the 
fibers are cleavage fragments or asbestiform particles.
    Care must be taken when analyzing by electron microscopy because the 
interferences are different from those in light microscopy and may 
structurally be very similar to asbestos. The classic interference is 
between anthophyllite and biopyribole or intermediate fiber. Use the 
same morphological clues for electron microscopy as are used for light 
microscopy, e.g. fibril splitting, internal longitudinal striation, 
fraying, curvature, etc.
    (1) Gross examination:
    Examine the sample, preferably in the glass vial. Determine the 
presence of any obvious fibrous component. Estimate a percentage based 
on previous experience and current observation. Determine whether any 
pre-preparation is necessary. Determine the number of phases present. 
This step may be carried out or augmented by observation at 6 to 40 x  
under a stereo microscope.
    (2) After performing any necessary pre-preparation, prepare slides 
of each phase as described above. Two preparations of the same phase in 
the same index medium can be made side-by-side on the same glass for 
convenience. Examine with the polarizing stereo microscope. Estimate the 
percentage of asbestos based on the amount of birefringent fiber 
present.
    (3) Examine the slides on the phase-polar microscopes at 
magnifications of 160 and 400 x . Note the morphology of the fibers. 
Long, thin, very straight fibers with little curvature are indicative of 
fibers from the amphibole family. Curved, wavy fibers are usually 
indicative of chrysotile. Estimate the percentage of asbestos on the 
phase-polar microscope under conditions of crossed polars and a gypsum 
plate. Fibers smaller than 1.0 m in thickness must be 
identified by inference to the presence of larger, identifiable fibers 
and morphology. If no larger fibers are visible, electron microscopy 
should be performed. At this point, only a tentative identification can 
be made. Full identification must be made with dispersion microscopy. 
Details of the tests are included in the appendices.
    (4) Once fibers have been determined to be present, they must be 
identified. Adjust the microscope for dispersion mode and observe the 
fibers. The microscope has a rotating stage, one polarizing element, and 
a system for generating dark-field dispersion microscopy (see Section 
4.6. of this appendix). Align a fiber with its length parallel to the 
polarizer and note the color of the Becke lines. Rotate the stage to 
bring the fiber length perpendicular to the polarizer and note the 
color. Repeat this process for every fiber or fiber bundle examined. The 
colors must be consistent with the colors generated by standard asbestos 
reference materials for a positive identification. In n=1.550, 
amphiboles will generally show a yellow to straw-yellow color indicating 
that the fiber indices of refraction are higher than the liquid. If 
long, thin fibers are noted and the colors are yellow, prepare further 
slides as above in the suggested matching liquids listed below:

------------------------------------------------------------------------
          Type of asbestos                    Index of refraction       
------------------------------------------------------------------------
Chrysotile..........................  n=1.550.                          
Amosite.............................  n=1.670 r 1.680.                  
Crocidolite.........................  n=1.690.                          
Anthophyllite.......................  n=1.605 nd 1.620.                 
Tremolite...........................  n=1.605 and 1.620.                
Actinolite..........................  n=1.620.                          
------------------------------------------------------------------------

    Where more than one liquid is suggested, the first is preferred; 
however, in some cases

[[Page 182]]

this liquid will not give good dispersion color. Take care to avoid 
interferences in the other liquid; e.g., wollastonite in n=1.620 will 
give the same colors as tremolite. In n=1.605 wollastonite will appear 
yellow in all directions. Wollastonite may be determined under crossed 
polars as it will change from blue to yellow as it is rotated along its 
fiber axis by tapping on the cover slip. Asbestos minerals will not 
change in this way.
    Determination of the angle of extinction may, when present, aid in 
the determination of anthophyllite from tremolite. True asbestos fibers 
usually have 0 deg. extinction or ambiguous extinction, while cleavage 
fragments have more definite extinction.
    Continue analysis until both preparations have been examined and all 
present species of asbestos are identified. If there are no fibers 
present, or there is less than 0.1% present, end the analysis with the 
minimum number of slides (2).
    (5) Some fibers have a coating on them which makes dispersion 
microscopy very difficult or impossible. Becke line analysis or electron 
microscopy may be performed in those cases. Determine the percentage by 
light microscopy. TEM analysis tends to overestimate the actual 
percentage present.
    (6) Percentage determination is an estimate of occluded area, 
tempered by gross observation. Gross observation information is used to 
make sure that the high magnification microscopy does not greatly over- 
or under-estimate the amount of fiber present. This part of the analysis 
requires a great deal of experience. Satisfactory models for asbestos 
content analysis have not yet been developed, although some models based 
on metallurgical grain-size determination have found some utility. 
Estimation is more easily handled in situations where the grain sizes 
visible at about 160 x  are about the same and the sample is relatively 
homogeneous.
    View all of the area under the cover slip to make the percentage 
determination. View the fields while moving the stage, paying attention 
to the clumps of material. These are not usually the best areas to 
perform dispersion microscopy because of the interference from other 
materials. But, they are the areas most likely to represent the accurate 
percentage in the sample. Small amounts of asbestos require slower 
scanning and more frequent analysis of individual fields.
    Report the area occluded by asbestos as the concentration. This 
estimate does not generally take into consideration the difference in 
density of the different species present in the sample. For most samples 
this is adequate. Simulation studies with similar materials must be 
carried out to apply microvisual estimation for that purpose and is 
beyond the scope of this procedure.
    (7) Where successive concentrations have been made by chemical or 
physical means, the amount reported is the percentage of the material in 
the ``as submitted'' or original state. The percentage determined by 
microscopy is multiplied by the fractions remaining after pre-
preparation steps to give the percentage in the original sample. For 
example:

Step 1. 60% remains after heating at 550  deg.C for 1 h.
Step 2. 30% of the residue of step 1 remains after dissolution of 
          carbonate in 0.1 m HCl.
Step 3. Microvisual estimation determines that 5% of the sample is 
          chrysotile asbestos.

    The reported result is:

R=(Microvisual result in percent) x (Fraction remaining after step 
          2) x (Fraction remaining of original sample after step 1)
R =(5) x (.30) x (.60)=0.9%

    (8) Report the percent and type of asbestos present. For samples 
where asbestos was identified, but is less than 1.0%, report ``Asbestos 
present, less than 1.0%.'' There must have been at least two observed 
fibers or fiber bundles in the two preparations to be reported as 
present. For samples where asbestos was not seen, report as ``None 
Detected.''

                        4. Auxiliary Information

    Because of the subjective nature of asbestos analysis, certain 
concepts and procedures need to be discussed in more depth. This 
information will help the analyst understand why some of the procedures 
are carried out the way they are.

                               4.1. Light

    Light is electromagnetic energy. It travels from its source in 
packets called quanta. It is instructive to consider light as a plane 
wave. The light has a direction of travel. Perpendicular to this and 
mutually perpendicular to each other, are two vector components. One is 
the magnetic vector and the other is the electric vector. We shall only 
be concerned with the electric vector. In this description, the 
interaction of the vector and the mineral will describe all the 
observable phenomena. From a light source such a microscope illuminator, 
light travels in all different direction from the filament.
    In any given direction away from the filament, the electric vector 
is perpendicular to the direction of travel of a light ray. While 
perpendicular, its orientation is random about the travel axis. If the 
electric vectors from all the light rays were lined up by passing the 
light through a filter that would only let light rays with electric 
vectors oriented in one direction pass, the light would then be 
POLARIZED.
    Polarized light interacts with matter in the direction of the 
electric vector. This is

[[Page 183]]

the polarization direction. Using this property it is possible to use 
polarized light to probe different materials and identify them by how 
they interact with light. The speed of light in a vacuum is a constant 
at about 2.99 x 10 \8\ m/s. When light travels in different materials 
such as air, water, minerals or oil, it does not travel at this speed. 
It travels slower. This slowing is a function of both the material 
through which the light is traveling and the wavelength or frequency of 
the light. In general, the more dense the material, the slower the light 
travels. Also, generally, the higher the frequency, the slower the light 
will travel. The ratio of the speed of light in a vacuum to that in a 
material is called the index of refraction (n). It is usually measured 
at 589 nm (the sodium D line). If white light (light containing all the 
visible wavelengths) travels through a material, rays of longer 
wavelengths will travel faster than those of shorter wavelengths, this 
separation is called dispersion. Dispersion is used as an identifier of 
materials as described in Section 4.6.

                        4.2. Material Properties

    Materials are either amorphous or crystalline. The difference 
between these two descriptions depends on the positions of the atoms in 
them. The atoms in amorphous materials are randomly arranged with no 
long range order. An example of an amorphous material is glass. The 
atoms in crystalline materials, on the other hand, are in regular arrays 
and have long range order. Most of the atoms can be found in highly 
predictable locations. Examples of crystalline material are salt, gold, 
and the asbestos minerals.
    It is beyond the scope of this method to describe the different 
types of crystalline materials that can be found, or the full 
description of the classes into which they can fall. However, some 
general crystallography is provided below to give a foundation to the 
procedures described.
    With the exception of anthophyllite, all the asbestos minerals 
belong to the monoclinic crystal type. The unit cell is the basic 
repeating unit of the crystal and for monoclinic crystals can be 
described as having three unequal sides, two 90 deg. angles and one 
angle not equal to 90 deg.. The orthorhombic group, of which 
anthophyllite is a member has three unequal sides and three 90 deg. 
angles. The unequal sides are a consequence of the complexity of fitting 
the different atoms into the unit cell. Although the atoms are in a 
regular array, that array is not symmetrical in all directions. There is 
long range order in the three major directions of the crystal. However, 
the order is different in each of the three directions. This has the 
effect that the index of refraction is different in each of the three 
directions. Using polarized light, we can investigate the index of 
refraction in each of the directions and identify the mineral or 
material under investigation. The indices , , and 
 are used to identify the lowest, middle, and highest index of 
refraction respectively. The x direction, associated with  is 
called the fast axis. Conversely, the z direction is associated with 
 and is the slow direction. Crocidolite has  along the 
fiber length making it ``length-fast''. The remainder of the asbestos 
minerals have the  axis along the fiber length. They are called 
``length-slow''. This orientation to fiber length is used to aid in the 
identification of asbestos.

                     4.3. Polarized Light Technique

    Polarized light microscopy as described in this section uses the 
phase-polar microscope described in Section 3.2. A phase contrast 
microscope is fitted with two polarizing elements, one below and one 
above the sample. The polarizers have their polarization directions at 
right angles to each other. Depending on the tests performed, there may 
be a compensator between these two polarizing elements. Light emerging 
from a polarizing element has its electric vector pointing in the 
polarization direction of the element. The light will not be 
subsequently transmitted through a second element set at a right angle 
to the first element. Unless the light is altered as it passes from one 
element to the other, there is no transmission of light.

                        4.4. Angle of Extinction

    Crystals which have different crystal regularity in two or three 
main directions are said to be anisotropic. They have a different index 
of refraction in each of the main directions. When such a crystal is 
inserted between the crossed polars, the field of view is no longer dark 
but shows the crystal in color. The color depends on the properties of 
the crystal. The light acts as if it travels through the crystal along 
the optical axes. If a crystal optical axis were lined up along one of 
the polarizing directions (either the polarizer or the analyzer) the 
light would appear to travel only in that direction, and it would blink 
out or go dark. The difference in degrees between the fiber direction 
and the angle at which it blinks out is called the angle of extinction. 
When this angle can be measured, it is useful in identifying the 
mineral. The procedure for measuring the angle of extinction is to first 
identify the polarization direction in the microscope. A commercial 
alignment slide can be used to establish the polarization directions or 
use anthophyllite or another suitable mineral. This mineral has a zero 
degree angle of extinction and will go dark to extinction as it aligns 
with the polarization directions. When a fiber of anthophyllite has gone 
to extinction, align the eyepiece reticle or graticule with the fiber so 
that there is a visual cue as

[[Page 184]]

to the direction of polarization in the field of view. Tape or otherwise 
secure the eyepiece in this position so it will not shift.
    After the polarization direction has been identified in the field of 
view, move the particle of interest to the center of the field of view 
and align it with the polarization direction. For fibers, align the 
fiber along this direction. Note the angular reading of the rotating 
stage. Looking at the particle, rotate the stage until the fiber goes 
dark or ``blinks out''. Again note the reading of the stage. The 
difference in the first reading and the second is an angle of 
extinction.
    The angle measured may vary as the orientation of the fiber changes 
about its long axis. Tables of mineralogical data usually report the 
maximum angle of extinction. Asbestos forming minerals, when they 
exhibit an angle of extinction, usually do show an angle of extinction 
close to the reported maximum, or as appropriate depending on the 
substitution chemistry.

                  4.5. Crossed Polars With Compensator

    When the optical axes of a crystal are not lined up along one of the 
polarizing directions (either the polarizer or the analyzer) part of the 
light travels along one axis and part travels along the other visible 
axis. This is characteristic of birefringent materials.
    The color depends on the difference of the two visible indices of 
refraction and the thickness of the crystal. The maximum difference 
available is the difference between the  and the  
axes. This maximum difference is usually tabulated as the birefringence 
of the crystal.
    For this test, align the fiber at 45 deg. to the polarization 
directions in order to maximize the contribution to each of the optical 
axes. The colors seen are called retardation colors. They arise from the 
recombination of light which has traveled through the two separate 
directions of the crystal. One of the rays is retarded behind the other 
since the light in that direction travels slower. On recombination, some 
of the colors which make up white light are enhanced by constructive 
interference and some are suppressed by destructive interference. The 
result is a color dependent on the difference between the indices and 
the thickness of the crystal. The proper colors, thicknesses, and 
retardations are shown on a Michel-Levy chart. The three items, 
retardation, thickness and birefringence are related by the following 
relationship:

R = t(n--)
R = retardation, t = crystal thickness in m, and
, = indices of refraction.

    Examination of the equation for asbestos minerals reveals that the 
visible colors for almost all common asbestos minerals and fiber sizes 
are shades of gray and black. The eye is relatively poor at 
discriminating different shades of gray. It is very good at 
discriminating different colors. In order to compensate for the low 
retardation, a compensator is added to the light train between the 
polarization elements. The compensator used for this test is a gypsum 
plate of known thickness and birefringence. Such a compensator when 
oriented at 45 deg. to the polarizer direction, provides a retardation 
of 530 nm of the 530 nm wavelength color. This enhances the red color 
and gives the background a characteristic red to red-magenta color. If 
this ``full-wave'' compensator is in place when the asbestos preparation 
is inserted into the light train, the colors seen on the fibers are 
quite different. Gypsum, like asbestos has a fast axis and a slow axis. 
When a fiber is aligned with its fast axis in the same direction as the 
fast axis of the gypsum plate, the ray vibrating in the slow direction 
is retarded by both the asbestos and the gypsum. This results in a 
higher retardation than would be present for either of the two minerals. 
The color seen is a second order blue. When the fiber is rotated 90 deg. 
using the rotating stage, the slow direction of the fiber is now aligned 
with the fast direction of the gypsum and the fast direction of the 
fiber is aligned with the slow direction of the gypsum. Thus, one ray 
vibrates faster in the fast direction of the gypsum, and slower in the 
slow direction of the fiber; the other ray will vibrate slower in the 
slow direction of the gypsum and faster in the fast direction of the 
fiber. In this case, the effect is subtractive and the color seen is a 
first order yellow. As long as the fiber thickness does not add 
appreciably to the color, the same basic colors will be seen for all 
asbestos types except crocidolite. In crocidolite the colors will be 
weaker, may be in the opposite directions, and will be altered by the 
blue absorption color natural to crocidolite. Hundreds of other 
materials will give the same colors as asbestos, and therefore, this 
test is not definitive for asbestos. The test is useful in 
discriminating against fiberglass or other amorphous fibers such as some 
synthetic fibers. Certain synthetic fibers will show retardation colors 
different than asbestos; however, there are some forms of polyethylene 
and aramid which will show morphology and retardation colors similar to 
asbestos minerals. This test must be supplemented with a positive 
identification test when birefringent fibers are present which can not 
be excluded by morphology. This test is relatively ineffective for use 
on fibers less than 1 m in diameter. For positive confirmation 
TEM or SEM should be used if no larger bundles or fibers are visible.

[[Page 185]]

                        4.6. Dispersion Staining

    Dispersion microscopy or dispersion staining is the method of choice 
for the identification of asbestos in bulk materials. Becke line 
analysis is used by some laboratories and yields the same results as 
does dispersion staining for asbestos and can be used in lieu of 
dispersion staining. Dispersion staining is performed on the same 
platform as the phase-polar analysis with the analyzer and compensator 
removed. One polarizing element remains to define the direction of the 
light so that the different indices of refraction of the fibers may be 
separately determined. Dispersion microscopy is a dark-field technique 
when used for asbestos. Particles are imaged with scattered light. Light 
which is unscattered is blocked from reaching the eye either by the back 
field image mask in a McCrone objective or a back field image mask in 
the phase condenser. The most convenient method is to use the rotating 
phase condenser to move an oversized phase ring into place. The ideal 
size for this ring is for the central disk to be just larger than the 
objective entry aperture as viewed in the back focal plane. The larger 
the disk, the less scattered light reaches the eye. This will have the 
effect of diminishing the intensity of dispersion color and will shift 
the actual color seen. The colors seen vary even on microscopes from the 
same manufacturer. This is due to the different bands of wavelength 
exclusion by different mask sizes. The mask may either reside in the 
condenser or in the objective back focal plane. It is imperative that 
the analyst determine by experimentation with asbestos standards what 
the appropriate colors should be for each asbestos type. The colors 
depend also on the temperature of the preparation and the exact 
chemistry of the asbestos. Therefore, some slight differences from the 
standards should be allowed. This is not a serious problem for 
commercial asbestos uses. This technique is used for identification of 
the indices of refraction for fibers by recognition of color. There is 
no direct numerical readout of the index of refraction. Correlation of 
color to actual index of refraction is possible by referral to published 
conversion tables. This is not necessary for the analysis of asbestos. 
Recognition of appropriate colors along with the proper morphology are 
deemed sufficient to identify the commercial asbestos minerals. Other 
techniques including SEM, TEM, and XRD may be required to provide 
additional information in order to identify other types of asbestos.
    Make a preparation in the suspected matching high dispersion oil, 
e.g., n=1.550 for chrysotile. Perform the preliminary tests to determine 
whether the fibers are birefringent or not. Take note of the 
morphological character. Wavy fibers are indicative of chrysotile while 
long, straight, thin, frayed fibers are indicative of amphibole 
asbestos. This can aid in the selection of the appropriate matching oil. 
The microscope is set up and the polarization direction is noted as in 
Section 4.4. Align a fiber with the polarization direction. Note the 
color. This is the color parallel to the polarizer. Then rotate the 
fiber rotating the stage 90 deg. so that the polarization direction is 
across the fiber. This is the perpendicular position. Again note the 
color. Both colors must be consistent with standard asbestos minerals in 
the correct direction for a positive identification of asbestos. If only 
one of the colors is correct while the other is not, the identification 
is not positive. If the colors in both directions are bluish-white, the 
analyst has chosen a matching index oil which is higher than the correct 
matching oil, e.g. the analyst has used n = 1.620 where chrysotile is 
present. The next lower oil (Section 3.5.) should be used to prepare 
another specimen. If the color in both directions is yellow-white to 
straw-yellow-white, this indicates that the index of the oil is lower 
than the index of the fiber, e.g. the preparation is in n = 1.550 while 
anthophyllite is present. Select the next higher oil (Section 3.5.) and 
prepare another slide. Continue in this fashion until a positive 
identification of all asbestos species present has been made or all 
possible asbestos species have been ruled out by negative results in 
this test. Certain plant fibers can have similar dispersion colors as 
asbestos. Take care to note and evaluate the morphology of the fibers or 
remove the plant fibers in pre-preparation. Coating material on the 
fibers such as carbonate or vinyl may destroy the dispersion color. 
Usually, there will be some outcropping of fiber which will show the 
colors sufficient for identification. When this is not the case, treat 
the sample as described in Section 3.3. and then perform dispersion 
staining. Some samples will yield to Becke line analysis if they are 
coated or electron microscopy can be used for identification.

                              5. References

    5.1. Crane, D.T., Asbestos in Air, OSHA method ID160, Revised 
November 1992.
    5.2. Ford, W.E., Dana's Textbook of Mineralogy; Fourth Ed.; John 
Wiley and Son, New York, 1950, p. vii.
    5.3. Selikoff,.I.J., Lee, D.H.K., Asbestos and Disease, Academic 
Press, New York, 1978, pp. 3, 20.
    5.4. Women Inspectors of Factories. Annual Report for 1898, H.M. 
Statistical Office, London, p. 170 (1898).
    5.5. Selikoff,.I.J., Lee, D.H.K., Asbestos and Disease, Academic 
Press, New York, 1978, pp. 26, 30.
    5.6. Campbell, W.J., et al, Selected Silicate Minerals and Their 
Asbestiform Varieties, United States Department of the Interior, Bureau 
of Mines, Information Circular 8751, 1977.

[[Page 186]]

    5.7. Asbestos, Code of Federal Regulations, 29 CFR 1910.1001 and 29 
CFR 1926.58.
    5.8. National Emission Standards for Hazardous Air Pollutants; 
Asbestos NESHAP Revision, Federal Register, Vol. 55, No. 224, 20 
November 1990, p. 48410.
    5.9. Ross, M. The Asbestos Minerals: Definitions, Description, Modes 
of Formation, Physical and Chemical Properties and Health Risk to the 
Mining Community, Nation Bureau of Standards Special Publication, 
Washington, D.C., 1977.
    5.10. Lilis, R., Fibrous Zeolites and Endemic Mesothelioma in 
Cappadocia, Turkey, J. Occ Medicine, 1981, 23, (8) ,548-550.
    5.11. Occupational Exposure to Asbestos--1972, U.S. Department of 
Health Education and Welfare, Public Health Service, Center for Disease 
Control, National Institute for Occupational Safety and Health, HSM-72-
10267.
    5.12. Campbell,W.J., et al, Relationship of Mineral Habit to Size 
Characteristics for Tremolite Fragments and Fibers, United States 
Department of the Interior, Bureau of Mines, Information Circular 8367, 
1979.
    5.13. Mefford, D., DCM Laboratory, Denver, private communication, 
July 1987.
    5.14. Deer, W.A., Howie, R.A., Zussman, J., Rock Forming Minerals, 
Longman, Thetford, UK, 1974.
    5.15. Kerr, P.F., Optical Mineralogy; Third Ed. McGraw-Hill, New 
York, 1959.
    5.16. Veblen, D.R. (Ed.), Amphiboles and Other Hydrous Pyriboles--
Mineralogy, Reviews in Mineralogy, Vol 9A, Michigan, 1982, pp 1-102.
    5.17. Dixon, W.C., Applications of Optical Microscopy in the 
Analysis of Asbestos and Quartz, ACS Symposium Series, No. 120, 
Analytical Techniques in Occupational Health Chemistry, 1979.
    5.18. Polarized Light Microscopy, McCrone Research Institute, 
Chicago, 1976.
    5.19. Asbestos Identification, McCrone Research Institute, G & G 
printers, Chicago, 1987.
    5.20. McCrone, W.C., Calculation of Refractive Indices from 
Dispersion Staining Data, The Microscope, No 37, Chicago, 1989.
    5.21. Levadie, B. (Ed.), Asbestos and Other Health Related 
Silicates, ASTM Technical Publication 834, ASTM, Philadelphia 1982.
    5.22. Steel, E. and Wylie, A., Riordan, P.H. (Ed.), Mineralogical 
Characteristics of Asbestos, Geology of Asbestos Deposits, pp. 93-101, 
SME-AIME, 1981.
    5.23. Zussman, J., The Mineralogy of Asbestos, Asbestos: Properties, 
Applications and Hazards, pp. 45-67 Wiley, 1979.

 Appendix L to Sec. 1915.1001--Work Practices and Engineering Controls 
  for Automotive Brake and Clutch Inspection, Disassembly, Repair and 
                           Assembly--Mandatory

    This mandatory appendix specifies engineering controls and work 
practices that must be implemented by the employer during automotive 
brake and clutch inspection, disassembly, repair, and assembly 
operations. Proper use of these engineering controls and work practices 
by trained employees will reduce employees' asbestos exposure below the 
permissible exposure level during clutch and brake inspection, 
disassembly, repair, and assembly operations. The employer shall 
institute engineering controls and work practices using either the 
method set forth in paragraph [A] or paragraph [B] of this appendix, or 
any other method which the employer can demonstrate to be equivalent in 
terms of reducing employee exposure to asbestos as defined and which 
meets the requirements described in paragraph [C] of this appendix, for 
those facilities in which no more than 5 pairs of brakes or 5 clutches 
are inspected, disassembled, reassembled and/or repaired per week, the 
method set forth in paragraph [D] of this appendix may be used:

        [A] Negative Pressure Enclosure/HEPA Vacuum System Method

    (1) The brake and clutch inspection, disassembly, repair, and 
assembly operations shall be enclosed to cover and contain the clutch or 
brake assembly and to prevent the release of asbestos fibers into the 
worker's breathing zone.
    (2) The enclosure shall be sealed tightly and thoroughly inspected 
for leaks before work begins on brake and clutch inspection, 
disassembly, repair, and assembly.
    (3) The enclosure shall be such that the worker can clearly see the 
operation and shall provide impermeable sleeves through which the worker 
can handle the brake and clutch inspection, disassembly, repair and 
assembly. The integrity of the sleeves and ports shall be examined 
before work begins.
    (4) A HEPA-filtered vacuum shall be employed to maintain the 
enclosure under negative pressure throughout the operation. Compressed-
air may be used to remove asbestos fibers or particles from the 
enclosure.
    (5) The HEPA vacuum shall be used first to loosen the asbestos 
containing residue from the brake and clutch parts and then to evacuate 
the loosened asbestos containing material from the enclosure and capture 
the material in the vacuum filter.
    (6) The vacuum's filter, when full, shall be first wetted with a 
fine mist of water, then

[[Page 187]]

removed and placed immediately in an impermeable container, labeled 
according to paragraph (k)(8) of this section and disposed of according 
to paragraph (l) of this section.
    (7) Any spills or releases of asbestos containing waste material 
from inside of the enclosure or vacuum hose or vacuum filter shall be 
immediately cleaned up and disposed of according to paragraph (l) of the 
section.

                  [B] Low Pressure/Wet Cleaning Method

    (1) A catch basin shall be placed under the brake assembly, 
positioned to avoid splashes and spills.
    (2) The reservoir shall contain water containing an organic solvent 
or wetting agent. The flow of liquid shall be controlled such that the 
brake assembly is gently flooded to prevent the asbestos-containing 
brake dust from becoming airborne.
    (3) The aqueous solution shall be allowed to flow between the brake 
drum and brake support before the drum is removed.
    (4) After removing the brake drum, the wheel hub and back of the 
brake assembly shall be thoroughly wetted to suppress dust.
    (5) The brake support plate, brake shoes and brake components used 
to attach the brake shoes shall be thoroughly washed before removing the 
old shoes.
    (6) In systems using filters, the filters, when full, shall be first 
wetted with a fine mist of water, then removed and placed immediately in 
an impermeable container, labeled according to paragraph (k)(8) of this 
section and disposed of according to paragraph (l) of this section.
    (7) Any spills of asbestos-containing aqueous solution or any 
asbestos-containing waste material shall be cleaned up immediately and 
disposed of according to paragraph (l) of this section.
    (8) The use of dry brushing during low pressure/wet cleaning 
operations is prohibited.

                         [C] Equivalent Methods

    An equivalent method is one which has sufficient written detail so 
that it can be reproduced and has been demonstrated that the exposures 
resulting from the equivalent method are equal to or less than the 
exposures which would result from the use of the method described in 
paragraph [A] of this appendix. For purposes of making this comparison, 
the employer shall assume that exposures resulting from the use of the 
method described in paragraph [A] of this appendix shall not exceed 
0.016 f/cc, as measured by the OSHA reference method and as averaged 
over at least 18 personal samples.

                             [D] Wet Method

    (1) A spray bottle, hose nozzle, or other implement capable of 
delivering a fine mist of water or amended water or other delivery 
system capable of delivering water at low pressure, shall be used to 
first thoroughly wet the brake and clutch parts. Brake and clutch 
components shall then be wiped clean with a cloth.
    (2) The cloth shall be placed in an impermeable container, labelled 
according to paragraph (k)(8) of this section and then disposed of 
according to paragraph (l) of this section, or the cloth shall be 
laundered in a way to prevent the release of asbestos fibers in excess 
of 0.1 fiber per cubic centimeter of air.
    (3) Any spills of solvent or any asbestos containing waste material 
shall be cleaned up immediately according to paragraph (l) of this 
section.
    (4) The use of dry brushing during the wet method operations is 
prohibited.

[59 FR 41080, Aug. 10, 1994, as amended at 60 FR 33344, June 28, 1995; 
60 FR 33987-33995, June 29, 1995; 60 FR 36044, July 13, 1995; 60 FR 
50412, Sept. 29, 1995; 61 FR 43457, Aug. 23, 1996]



Sec. 1915.1002  Coal tar pitch volatiles; interpretation of term.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1002 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1003  13 carcinogens (4-Nitrobiphenyl, etc.).

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1004  alpha-Naphthylamine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]
Sec. 1915.1005  [Reserved]



Sec. 1915.1006  Methyl chloromethyl ether.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1007  3,3'-Dichlorobenzidiene (and its salts).

    Note: The requirements applicable to shipyard employment under this 
section are

[[Page 188]]

identical to those set forth at Sec. 1910.1003 of this chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1008  bis-Chloromethyl ether.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1009  beta-Naphthylamine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1010  Benzidine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1011  4-Aminodiphenyl.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1012  Ethyleneimine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1013  beta-Propiolactone.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1014  2-Acetylaminofluorene.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1015  4-Dimethylaminoazobenzene.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1016  N-Nitrosodimethylamine.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1003 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1017  Vinyl chloride.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1017 of this 
chapter.

[61 FR 31430, June 20, 1996]



Sec. 1915.1018  Inorganic arsenic.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1018 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1020  Access to employee exposure and medical records.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1020 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1025  Lead.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1025 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1027  Cadmium.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1027 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1028  Benzene.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1028 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1030  Bloodborne pathogens.

    Note: The requirements applicable to shipyard employment under this 
section are

[[Page 189]]

identical to those set forth at Sec. 1910.1030 of this chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1044  1,2-dibromo-3-chloropropane.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1044 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1045  Acrylonitrile.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1045 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1047  Ethylene oxide.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1047 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1048  Formaldehyde.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1048 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1050  Methylenedianiline.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1050 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1052  Methylene chloride.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at 29 CFR 1910.1052.

[62 FR 1619, Jan. 10, 1997]



Sec. 1915.1200  Hazard communication.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1200 of this 
chapter.

[61 FR 31431, June 20, 1996]



Sec. 1915.1450  Occupational exposure to hazardous chemicals in laboratories.

    Note: The requirements applicable to shipyard employment under this 
section are identical to those set forth at Sec. 1910.1450 of this 
chapter.

[61 FR 31431, June 20, 1996]



PART 1917--MARINE TERMINALS--Table of Contents




                    Subpart A--Scope and Definitions

Sec.
1917.1  Scope and applicability.
1917.2  Definitions.

                  Subpart B--Marine Terminal Operations

1917.11  Housekeeping.
1917.12  Slippery conditions.
1917.13  Slinging.
1917.14  Stacking of cargo and pallets.
1917.15  Coopering.
1917.16  Line handling. (See also Sec. 1917.95(b)).
1917.17  Railroad facilities.
1917.18  Log handling.
1917.19  Movement of barges and rail cars.
1917.20  Interference with communications.
1917.21  Open fires.
1917.22  Hazardous cargo (see Sec. 1917.2(p)).
1917.23  Hazardous atmospheres and substances (see Sec. 1917.2(p)).
1917.24  Carbon monoxide.
1917.25  Fumigants, pesticides, insecticides and hazardous preservatives 
          (see Sec. 1917.2(p)).
1917.26  First aid and lifesaving facilities.
1917.27  Personnel.
1917.28  Hazard communication.
1917.29  Retention of DOT markings, placards and labels.

              Subpart C--Cargo Handling Gear and Equipment

1917.41  House falls.
1917.42  Miscellaneous auxiliary gear.
1917.43  Powered industrial trucks.
1917.44  General rules applicable to vehicles.
1917.45  Cranes and derricks (see also Sec. 1917.51).
1917.46  Crane load and limit devices.
1917.47  Winches.
1917.48  Conveyors.
1917.49  Spouts, chutes, hoppers, bins, and associated equipment.
1917.50  Certification of marine terminal material handling devices.
1917.51  Hand tools.

                    Subpart D--Specialized Terminals

1917.70  General.
1917.71  Terminals handling intermodal containers or roll-on roll-off 
          operations.
1917.73  Terminal facilities handling menhaden and similar species of 
          fish.

                     Subpart E--Personal Protection

1917.91  Eye protection.

[[Page 190]]

1917.92  Respiratory protection.
1917.93  Head protection.
1917.94  Foot protection.
1917.95  Other protective measures.

                     Subpart F--Terminal Facilities

1917.111  Maintenance and load limits.
1917.112  Guarding of edges.
1917.113  Clearance heights.
1917.114  Cargo doors.
1917.115  Platforms and skids.
1917.116  Elevators and escalators.
1917.117  Manlifts.
1917.118  Fixed ladders.
1917.119  Portable ladders.
1917.120  Fixed stairways.
1917.121  Spiral stairways.
1917.122  Employee exits.
1917.123  Illumination.
1917.124  Passage between levels and across openings.
1917.125  Guarding temporary hazards.
1917.126  River banks.
1917.127  Sanitation.
1917.128  Signs and marking.

          Subpart G--Related Terminal Operations and Equipment

1917.151  Machine guarding.
1917.152  Welding, cutting and heating (hot work).
1917.153  Spray painting.
1917.154  Compressed air.
1917.155  Air receivers.
1917.156  Fuel handling and storage.
1917.157  Battery charging and changing.
1917.158  Prohibited operations.

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act 
(33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 
9033) as applicable; 29 CFR Part 1911.

    Section 1917.28 also issued under 5 U.S.C. 553.
    Section 1917.129 also issued under Sec. 29, Hazardous Materials 
Transportation Uniform Safety Act of 1990 (Public Law 101-615, 104 Stat. 
3244) and 5 U.S.C. 553.


    Source: 48 FR 30909, July 5, 1983, unless otherwise noted.



                    Subpart A--Scope and Definitions



Sec. 1917.1  Scope and applicability.

    (a) The regulations of this part apply to employment within a marine 
terminal as defined in Sec. 1917.2(u), including the loading, unloading, 
movement or other handling of cargo, ship's stores or gear within the 
terminal or into or out of any land carrier, holding or consolidation 
area, or any other activity within and associated with the overall 
operation and functions of the terminal, such as the use and routine 
maintenance of facilities and equipment.
    (1) The provisions of this Part 1917 do not apply to the following:
    (i) Facilities used solely for the bulk storage, handling and 
transfer of flammable, non-flammable and combustible liquids and gases.
    (ii) Facilities subject to the regulations of the Office of Pipeline 
Safety Regulation of the Materials Transportation Bureau, Department of 
Transportation, to the extent such regulations apply.
    (iii) Fully automated bulk coal handling facilities contiguous to 
electrical power generating plants.
    (2) Part 1910 of this chapter does not apply to marine terminals 
except for the following provisions:
    (i) Electrical. Subpart S;
    (ii) Toxic and hazardous substances. Subpart Z applies where 
specifically referenced in this Part 1917, except that the requirements 
of Subpart Z do not apply when a substance or cargo is contained within 
a sealed, intact means of packaging or containment complying with 
Department of Transportation or International Maritime Organization 
requirements;\1\
---------------------------------------------------------------------------

    1 The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with the 
International legal requirements of the International Convention for the 
Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (iii) Noise. Subpart G, Sec. 1910.95;
    (iv) Commercial diving operations. Subpart T;
    (v) Safety requirements for scaffolding. Subpart D, Sec. 1910.28;
    (vi) Abrasive blasting. Subpart G, Sec. 1910.94(a);
    (vii) Access to employee exposure and medical records. Subpart C, 
Sec. 1910.20; and
    (viii) Respiratory protection. Subpart I, Sec. 1910.134.
    (ix) Servicing multi-piece and single piece rim wheels. Subpart N, 
Sec. 1910.177.
    (x) Grain handling facilities. Subpart R, Sec. 1910.272.

[48 FR 30909, July 5, 1983, as amended at 52 FR 36026, Sept. 25, 1987; 
52 FR 49624, Dec. 31, 1987]

[[Page 191]]



Sec. 1917.2  Definitions.

    (a) Apron means that open portion of a marine terminal immediately 
adjacent to a vessel berth and used in the direct transfer of cargo 
between the terminal and vessel.
    (b) Authorized, in reference to an employee's assignment, means 
selected by the employer for that purpose.
    (c) Cargo door (transit shed door) means a door designed to permit 
transfer of cargo to and from a marine terminal structure.
    (d) Cargo packaging means any method of containment for shipment, 
including cases, cartons, crates and sacks, but excluding large units 
such as intermodal containers, vans or similar devices.
    (e) Confined space means a space having all of the following 
characteristics:
    (1) Small size;
    (2) Severely limited natural ventilation;
    (3) Capability to accumulate or contain a hazardous atmosphere;
    (4) Exits that are not readily accessible; and
    (5) A design not meant for continuous human occupancy.

Examples of confined spaces are intermodal tank containers, brailwater 
tanks and portable tanks.
    (f) Conveyor means a device designed exclusively for transporting 
bulk materials, packages or objects in a predetermined path and having 
fixed or selective points of loading or discharge.
    (g) Danger zone means any place in or about a machine or piece of 
equipment where an employee may be struck by or caught between moving 
parts, caught between moving and stationary objects or parts of the 
machine, caught between the material and a moving part of the machine, 
burned by hot surfaces or exposed to electric shock. Examples of danger 
zones are nip and shear points, shear lines, drive mechanisms, and areas 
beneath counterweights.
    (h) Designated person means a person who possesses specialized 
abilities in a specific area and is assigned by the employer to perform 
a specific task in that area.
    (i) Dock means a wharf or pier forming all or part of a waterfront 
facility, including marginal or quayside berthing facilities; not to be 
confused with ``loading dock'' as at a transit shed or container freight 
station, or with the body of water between piers or wharves.
    (j) Dockboard (bridge plate or car plate) means a device utilized to 
span the gap between railroad cars, or between railroad cars or highway 
vehicles and the loading dock or platform. A car plate may be fixed, 
adjustable, portable, powered or unpowered.
    (k) Enclosed space means an indoor space, other than a confined 
space, that may contain or accumulate a hazardous atmosphere due to 
inadequate natural ventilation. Examples of enclosed spaces are 
trailers, railcars, and storage rooms.
    (l) Examination, as applied to material handling devices required by 
this part to be certificated, means a comprehensive survey consisting of 
the criteria outlined in 29 CFR 1919.71(d) as applicable to the type of 
gear or device. The examination is supplemented by a unit proof test in 
the case of a quadrennial survey.
    (m) Flammable atmosphere means an atmosphere containing more than 10 
percent of the lower flammable limit of a flammable or combustible vapor 
or dust mixed with air.
    (n) Front-end attachments. (1) As applied to power-operated 
industrial trucks, means the various devices, such as roll clamps, 
rotating and sideshifting carriages, magnets, rams, crane arms or booms, 
load stabilizers, scoops, buckets and dumping bins, attached to the load 
end for handling lifts as single or multiple units.
    (2) As applied to cranes, means various attachments applied to the 
basic machine for the performance of functions such as lifting, 
clamshell or magnet services.
    (o) Fumigant is a substance or mixture of substances, used to kill 
pests or prevent infestation, which is a gas or is rapidly or 
progressively transformed to the gaseous state, even though some 
nongaseous or particulate matter may remain and be dispersed in the 
treatment space.
    (p) Hazardous cargo, material, substance or atmosphere means:
    (1) Any substance listed in 29 CFR Part 1910, Subpart Z;

[[Page 192]]

    (2) Any material in the Hazardous Materials Table and Hazardous 
Materials Communications Regulations of the Department of 
Transportation, 49 CFR Part 172;
    (3) Any article not properly described by a name in the Hazardous 
Materials Table and Hazardous Materials Communications Regulations of 
the Department of Transportation, 49 CFR Part 172 but which is properly 
classified under the definition of those categories of dangerous 
articles given in 49 CFR Part 173; or
    (4) Any atmosphere with an oxygen content of less than 19.5%.
    (q) House falls means spans and supporting members, winches, blocks, 
and standing and running rigging forming part of a marine terminal and 
used with a vessel's cargo gear to load or unload by means of married 
falls.
    (r) Inspection, as applied to material handling devices required by 
this part to be certificated, means a complete visual examination of all 
visible parts of the device.
    (s) Intermodal container means a reusable cargo container of rigid 
construction and rectangular configuration, intended to contain one or 
more articles of cargo or bulk commodities for transportation by water 
and one or more other transport modes without intermediate cargo 
handling. The term includes completely enclosed units, open top units, 
fractional height units, units incorporating liquid or gas tanks and 
other variations fitting into the container system, demountable or with 
attached wheels. It does not include cylinders, drums, crates, cases, 
cartons, packages, sacks, unitized loads or any other form of packaging.
    (t) Loose gear means removable and replaceable components of 
equipment or devices which may be used with or as a part of assembled 
material handling units for purposes such as making connections, 
changing line direction and multiplying mechanical advantage. Examples 
are shackles and snatch blocks.
    (u) Marine Terminal means wharves, bulkheads, quays, piers, docks 
and other berthing locations and adjacent storage or contiguous areas 
and structures associated with the primary movements of cargo or 
materials from vessel to shore or shore to vessel including structures 
which are devoted to receiving, handling, holding, consolidation and 
loading or delivery of waterborne shipments and passengers, including 
areas devoted to the maintenance of the terminal or equipment. The term 
does not include production or manufacturing areas having their own 
docking facilities and located at a marine terminal nor does the term 
include storage facilities directly associated with those production or 
manufacturing areas.



                  Subpart B--Marine Terminal Operations



Sec. 1917.11  Housekeeping.

    (a) Active work areas shall be kept free of equipment and materials 
not in use, and clear of debris, projecting nails, strapping and other 
sharp objects not necessary for the work in progress.
    (b) Hatch beams, covers and pontoons placed in terminal working 
areas shall be stowed in stable piles with beams secured against tipping 
or falling. Alternatively, beams may be laid on their sides. When beams 
and pontoons are stowed in tiers more than one high, dunnage or other 
suitable material shall be used under and between tiers.
    (c) Cargo and material shall not obstruct access to vessels, cranes, 
vehicles or buildings. Means of access and egress within buildings shall 
be similarly unobstructed.



Sec. 1917.12  Slippery conditions.

    The employer shall eliminate, to the extent possible, conditions 
causing slippery working and walking surfaces in immediate work areas 
used by employees.



Sec. 1917.13  Slinging.

    (a) Drafts shall be safely slung before being hoisted. Loose dunnage 
or debris hanging or protruding from loads shall be removed.
    (b) Bales of cotton, wool, cork, wood pulp, gunny bags or similar 
articles shall be hoisted only by straps strong enough to support the 
weight of the bale. At least two hooks, each in a separate strap, shall 
be used.
    (c) Unitized loads bound by bands or straps may be hoisted by the 
banding

[[Page 193]]

or strapping only if the banding or strapping is suitable for hoisting 
and is strong enough to support the weight of the load.
    (d) Additional means of hoisting shall be employed to ensure safe 
lifting of unitized loads having damaged banding or strapping.
    (e) Case hooks shall be used only with cases designed to be hoisted 
by these hooks.
    (f) Loads requiring continuous manual guidance during handling shall 
be guided by guide ropes (tag lines) that are long enough to control the 
load.
    (g) Intermodal containers shall be handled in accordance with 
Sec. 1917.71(e).



Sec. 1917.14  Stacking of cargo and pallets.

    Cargo, pallets and other material stored in tiers shall be stacked 
in such a manner as to provide stability against sliding and collapse.



Sec. 1917.15  Coopering.

    Repair and reconditioning of damaged or leaking cargo packaging 
(coopering) shall be performed so as not to endanger employees.



Sec. 1917.16  Line handling. (See also Sec. 1917.95(b)).

    (a) In order to provide safe access for handling lines while mooring 
and unmooring vessels, cargo or material shall not be stowed or vehicles 
placed where they obstruct the work surface to be used.
    (b) When stringpiece or apron width is insufficient for safe 
footing, grab lines or rails shall be installed on the sides of 
permanent structures. (``Stringpiece'' means a narrow walkway between 
the water edge of a berth and a shed or other structure.)



Sec. 1917.17  Railroad facilities.

    (a) Work shall be performed in railcars only if floors of the 
railcars are in visibly safe condition for the work activity being 
conducted and equipment being used.
    (b) A route shall be established to allow employees to pass to and 
from places of employment without passing under, over or through 
railcars, or between cars less than 10 feet (3 m) apart on the same 
track.
    (c) The employer shall direct that no employees remain in railcars 
after work is concluded.
    (d) Railcars shall be chocked or otherwise prevented from moving:
    (1) While dockboards or carplates are in position; or
    (2) While employees are working within, on or under the railcars or 
near the tracks at the ends of the cars.
    (e) When employees are working in, on, or under a railcar, positive 
means shall be taken to protect them from exposure to impact from moving 
railcars.
    (f) Before cars are moved, unsecured and overhanging stakes, wire 
straps, banding and similar objects shall be removed or placed so as not 
to create hazards.
    (g) The employer shall institute all necessary controls during 
railcar movement to safeguard personnel. If winches or capstans are 
employed for movement, employees shall stand clear of the hauling rope 
and shall not stand between the rope and the cars.
    (h) Before being opened fully, doors shall be opened slightly to 
ensure that the load has not shifted during transit. Special precautions 
shall be taken if the doors being opened are visibly damaged.
    (i) If power industrial trucks are used to open freight car doors, 
the trucks or the railcar doors shall be equipped with door opening 
attachments. Employees shall stand clear of the railcar doors while they 
are being opened and closed.
    (j) Only railcar door openers or power trucks equipped with door 
opening attachments shall be used to open jammed doors.
    (k) Employees shall not remain in or on gondolas or flat cars when 
drafts that create overhead, caught-in, caught-between or stuck by 
hazards are being landed in or on the railcar; end gates, if raised, 
shall be secured.
    (l) Operators of railcar dumps shall have an unrestricted view of 
dumping operations and shall have emergency means of stopping movement.
    (m) Recessed railroad switches shall be enclosed to provide a level 
surface.
    (n) Warning signs shall be posted where doorways open onto tracks, 
at blind corners and at similar places where vision may be restricted.

[[Page 194]]

    (o) Warning signs shall be posted if insufficient clearance for 
personnel exists between railcars and structures.



Sec. 1917.18  Log handling.

    (a) The employer shall ensure that structures (bunks) used to 
contain logs have rounded corners and rounded structural parts to avoid 
sling damage.
    (b) Two or more binders or equivalently safe means of containment 
shall remain on logging trucks and railcars to secure logs during 
movement of the truck or car within the terminal. During unloading, logs 
shall be prevented from moving while binders are being removed.
    (c) Logs shall be hoisted by two slings or by other gear designed 
for safe hoisting.
    (d) Logs placed adjacent to vehicle curbs on the dock shall not be 
over one tier high unless placed in bunks or so stacked as not to roll 
or otherwise create a hazard to employees.
    (e) Before logs are slung up from the dock, they shall be stably 
supported to prevent spreading and to allow passage of slings beneath 
the load. When bunks or similar retaining devices are used, no log shall 
be higher than the stanchions or retaining members of the device.



Sec. 1917.19  Movement of barges and railcars.

    Barges and railcars shall not be moved by cargo runners (running 
rigging) from vessel cargo booms, cranes or other equipment not suitable 
for the purpose.



Sec. 1917.20  Interference with communications.

    Cargo handling operations shall not be carried on when noise-
producing maintenance, construction or repaired work interferes with 
communication of warnings or instructions.



Sec. 1917.21  Open fires.

    Open fires and fires in drums or similar containers are prohibited.



Sec. 1917.22  Hazardous cargo.2 (See Sec. 1917.2(p)).

---------------------------------------------------------------------------

    \2\ The Department of Transportation and the United States Coast 
Guard apply requirements related to handling, storing and transportation 
of hazardous cargo (see 33 CFR part 126, 46 CFR, 49 CFR).
---------------------------------------------------------------------------

    (a) Before cargo handling operations begin, the employer shall 
ascertain whether any hazardous cargo is to be handled and shall 
determine the nature of the hazard. The employer shall inform employees 
of the nature of any hazard and any special precautions to be taken to 
prevent employee exposure, and shall instruct employees to notify him of 
any leaks or spills.
    (b) All hazardous cargo shall be slung and secured so that neither 
the draft nor individual packages can fall as a result of tipping the 
draft or slacking of the supporting gear.
    (c) If hazardous cargo is spilled or if its packaging leaks, 
employees shall be removed from the affected area until the employer has 
ascertained the specific hazards, provided any equipment, clothing and 
ventilation and fire protection equipment necessary to eliminate or 
protect against the hazard, and has instructed cleanup employees in a 
safe method of cleaning up and disposing of a spill and handling and 
disposing of leaking containers. Actual cleanup or disposal work shall 
be conducted under the supervision of a designated person.



Sec. 1917.23  Hazardous atmospheres and substances. (See Sec. 1917.2(p)).

    (a) Purpose and scope. This section covers areas in which the 
employer is aware that a hazardous atmosphere or substance may exist, 
except where one or more of the following sections apply: Section 
1917.22 Hazardous cargo; Sec. 1917.24 Carbon monoxide; Sec. 1917.25 
Fumigants, pesticides, insecticides and hazardous preservatives; 
Sec. 1917.73 Menhaden terminals; Sec. 1917.152 Welding, cutting, and 
heating (hot work); and Sec. 1917.153 Spray painting.
    (b) Determination of hazard. (1) When the employer is aware that a 
room, building, vehicle, railcar or other space contains or has 
contained a hazardous

[[Page 195]]

atmosphere, a designated and appropriately equipped persons shall test 
the atmosphere before employee entry to determine whether a hazardous 
atmosphere exists.
    (2) Records of results of any tests required by this section shall 
be maintained for at least thirty (30) days.
    (c) Testing during ventilation. When mechanical ventilation is used 
to maintain a safe atmosphere, tests shall be made by a designated 
person to ensure that the atmosphere is not hazardous.
    (d) Entry into hazardous atmospheres. Only designated person shall 
enter hazardous atmospheres, in which case the following provisions 
shall apply:
    (1) Persons entering a space containing a hazardous atmosphere shall 
be protected by respiratory and emergency protective equipment meeting 
the requirements of subpart E of this part;
    (2) Persons entering a space containing a hazardous atmosphere shall 
be instructed in the nature of the hazard, precautions to be taken, and 
the use of protective and emergency equipment. Standby observers, 
similarly equipped and instructed, shall continuously monitor the 
activity of employees within such space;
    (3) Except for emergency or rescue operations, employees shall not 
enter into any atmosphere which has been identified as flammable or 
oxygen deficient (less than 19.5% oxygen). Persons who may be required 
to enter flammable or oxygen deficient atmospheres in emergency 
operations shall be instructed in the dangers attendant to those 
atmospheres and instructed in the use of self-contained breathing 
apparatus, which shall be utilized.
    (4) To prevent inadvertent employee entry into spaces that have been 
identified as having hazardous, flammable or oxygen deficient 
atmospheres, appropriate warning signs or equivalent means shall be 
posted at all means of access to those spaces.
    (e) When the packaging of asbestos cargo leaks, spillage shall be 
cleaned up by designated employees protected from the harmful effects of 
asbestos as required by Sec. 1910.1001 of this chapter.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996]



Sec. 1917.24  Carbon monoxide.

    (a) Exposure limits. The carbon monoxide content of the atmosphere 
in a room, building, vehicle, railcar or any enclosed space shall be 
maintained at not more than 50 parts per million (0.005%) as an 8-hour 
time-weighted average and employees shall be removed from the enclosed 
space if the carbon monoxide concentration exceeds 100 parts per million 
(0.01%).
    (b) Testing. Tests to determine carbon monoxide concentration shall 
be made when necessary to ensure that employee exposure does not exceed 
the limits specified in paragraph (a) of this section.
    (c) Instrumentation. Tests for carbon monoxide concentration shall 
be made by designated persons using gas detector tube units certified by 
NIOSH under 30 CFR part 11 or other measuring instruments whose accuracy 
is as great or greater.
    (d) Records. A record of the date, time, location and results of 
carbon monoxide tests shall be available for at least thirty (30) days.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996]



Sec. 1917.25  Fumigants, pesticides, insecticides and hazardous preservatives. (See Sec. 1917.2(p)).

    (a) When the employer is aware that cargo in a space is or has been 
stowed, handled, or treated with a fumigant, pesticide, insecticide, or 
hazardous preservative, a determination shall be made as to whether a 
hazardous atmosphere is present in the space, and only employees 
protected as required in paragraph (e) of this section shall enter the 
space if it is hazardous.
    (b) Tests to determine the atmospheric concentration of chemicals 
used to treat cargo shall be:
    (1) Appropriate for the hazard involved;
    (2) Conducted by designated persons; and

[[Page 196]]

    (3) Performed at the intervals necessary to ensure that employee 
exposure does not exceed the permissible exposure limit for the chemical 
involved.
    (c) Results of any tests shall be available for at least thirty (30) 
days.
    (d) Chemicals shall only be applied to cargoes by designated 
persons.
    (e) Only designated persons shall enter hazardous atmospheres, in 
which case the following provisions apply.
    (1) Persons entering a space containing a hazardous atmosphere shall 
be protected by respiratory and emergency protective equipment meeting 
the requirements of subpart E of this part; and
    (2) Persons entering a space containing a hazardous atmosphere shall 
be instructed in the nature of the hazard, precautions to be taken, and 
the use of protective and emergency equipment. Standby observers, 
similarly equipped and instructed, shall continuously monitor the 
activity of employees within such a space.
    (f) Signs shall be clearly posted where fumigants, pesticides or 
hazardous preservatives have created a hazardous atmosphere. These signs 
shall note the danger, identify specific chemical hazards, and give 
appropriate information and precautions, including instructions for the 
emergency treatment of employees affected by any chemical in use.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996]



Sec. 1917.26  First aid and lifesaving facilities.

    (a) Employers shall instruct employees to report every injury, 
regardless of severity, to the employer.
    (b) A first aid kit shall be available at the terminal, and at least 
one person holding a valid first aid certificate shall be at the 
terminal when work is in progress.
    (c) First aid kits shall be weatherproof and contain individual 
sealed packages for each item that must be kept sterile. Each kit shall 
include at least the following items:

    Gauze roller bandages, 1 inch and 2 inch (25.4 mm and 50.8 mm); 
Gauze compress bandages, 4 inch (101.6 mm); Adhesive bandages, 1 inch 
(25.4 mm); Triangular bandage, 40 inch (101.6 cm); Ammonia inhalants and 
ampules; Antiseptic applicators or swabs; Eye dressing; Wire or thin 
board splints; Forceps and tourniquet; and First aid dressing.

    (d) Stretchers permanently equipped with bridles for hoisting shall 
be readily accessible. A blanket or other suitable covering shall be 
available.
    (e) Telephone or equivalent means of communication shall be readily 
available.
    (f) A U.S. Coast Guard approved 30-inch (76.2 cm) life ring, with at 
least 90 feet (27.42 m) of line attached, shall be available at readily 
accessible points at each waterside work area where the employees' work 
exposes them to the hazard of drowning. Employees working on any bridge 
or structure leading to a detached vessel berthing installation shall 
wear U.S. Coast Guard approved personal flotation devices except where 
protected by railings, nets, or safety belts and lifelines. A readily 
available portable or permanent ladder giving access to the water shall 
also be provided within 200 feet (61 m) of such work areas.



Sec. 1917.27  Personnel.

    (a) Qualifications of machinery operators. (1) Only those employees 
determined by the employer to be competent by reason of training or 
experience, and who understand the signs, notices and operating 
instructions and are familiar with the signal code in use shall be 
permitted to operate a crane, winch or other power operated cargo 
handling apparatus, or any power operated vehicle, or give signals to 
the operator of any hoisting apparatus. Exception: Employees being 
trained and supervised by a designated person may operate such machinery 
and give signals to operators during training.
    (2) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments which may suddenly incapacitate him shall be permitted to 
operate a crane, winch or other power-operated cargo handling apparatus 
or a power-operated vehicle.
    (b) Supervisory accident prevention proficiency. (1) After October 
3, 1985 immediate supervisors of cargo-handling operations of more than 
five (5) persons

[[Page 197]]

shall satisfactorily complete a course in accident prevention. Employees 
newly assigned to supervisory duties after that date shall be required 
to meet the provisions of this paragraph within ninety (90) days of such 
assignment.
    (2) The course shall consist of instruction suited to the particular 
operations involved.\3\
---------------------------------------------------------------------------

    \3\ The following are recommended topics: (i) Safety responsibility 
and authority; (ii) elements of accident prevention; (iii) attitudes, 
leadership and motivation; (iv) hazards of longshoring, including 
peculiar local circumstances; (v) hazard identification and elimination; 
(vi) applicable regulations; and (vii) accident investigations.
---------------------------------------------------------------------------



Sec. 1917.28  Hazard communication.

    (a) Purpose. (1) The purpose of this section is to ensure that the 
hazards of all chemicals produced or imported are evaluated, and that 
information concerning their hazards is transmitted to employers and 
employees. This transmittal of information is to be accomplished by 
means of comprehensive hazard communication programs, which are to 
include container labeling and other forms of warning, material safety 
data sheets and employee training.
    (2) This occupational safety and health standard is intended to 
address comprehensively the issue of evaluating the potential hazards of 
chemicals, and communicating information concerning hazards and 
appropriate protective measures to employees, and to preempt any legal 
requirements of a state, or political subdivision of a state, pertaining 
to this subject. Evaluating the potential hazards of chemicals, and 
communicating information concerning hazards and appropriate protective 
measures to employees, may include, for example, but is not limited to, 
provisions for: developing and maintaining a written hazard 
communication program for the workplace, including lists of hazardous 
chemicals present; labeling of containers of chemicals in the workplace, 
as well as of containers of chemicals being shipped to other workplaces; 
preparation and distribution of material safety data sheets to employees 
and downstream employers; and development and implementation of employee 
training programs regarding hazards of chemicals and protective 
measures. Under section 18 of the Act, no state or political subdivision 
of a state may adopt or enforce, through any court or agency, any 
requirement relating to the issue addressed by this Federal standard, 
except pursuant to a Federally-approved state plan.
    (b) Scope and application. (1) This section requires chemical 
manufacturers or importers to assess the hazards of chemicals which they 
produce or import, and all employers to provide information to their 
employees about the hazardous chemicals to which they are exposed, by 
means of a hazard communication program, labels and other forms of 
warning, material safety data sheets, and information and training. In 
addition, this section requires distributors to transmit the required 
information to employers. (Employers who do not produce or import 
chemicals need only focus on those parts of this rule that deal with 
establishing a workplace program and communicating information to their 
workers. Appendix E of this section is a general guide for such 
employers to help them determine their compliance obligations under the 
rule.)
    (2) This section applies to any chemical which is known to be 
present in the workplace in such a manner that employees may be exposed 
under normal conditions of use or in a foreseeable emergency.
    (3) This section applies to laboratories only as follows:
    (i) Employers shall ensure that labels on incoming containers of 
hazardous chemicals are not removed or defaced;
    (ii) Employers shall maintain any material safety data sheets that 
are received with incoming shipments of hazardous chemicals, and ensure 
that they are readily accessible during each workshift to laboratory 
employees when they are in their work areas;
    (iii) Employers shall ensure that laboratory employees are provided 
information and training in accordance with paragraph (h) of this 
section, except for the location and availability of the written hazard 
communication program under paragraph (h)(2)(iii) of this section; and,

[[Page 198]]

    (iv) Laboratory employers that ship hazardous chemicals are 
considered to be either a chemical manufacturer or a distributor under 
this rule, and thus must ensure that any containers of hazardous 
chemicals leaving the laboratory are labeled in accordance with 
paragraph (f)(1) of this section, and that a material safety data sheet 
is provided to distributors and other employers in accordance with 
paragraphs (g)(6) and (g)(7) of this section.
    (4) In work operations where employees only handle chemicals in 
sealed containers which are not opened under normal conditions of use 
(such as are found in marine cargo handling, warehousing, or retail 
sales), this section applies to these operations only as follows:
    (i) Employers shall ensure that labels on incoming containers of 
hazardous chemicals are not removed or defaced;
    (ii) Employers shall maintain copies of any material safety data 
sheets that are received with incoming shipments of the sealed 
containers of hazardous chemicals, shall obtain a material safety data 
sheet as soon as possible for sealed containers of hazardous chemicals 
received without a material safety data sheet if an employee requests 
the material safety data sheet, and shall ensure that the material 
safety data sheets are readily accessible during each work shift to 
employees when they are in their work area(s); and,
    (iii) Employers shall ensure that employees are provided with 
information and training in accordance with paragraph (h) of this 
section (except for the location and availability of the written hazard 
communication program under paragraph (h)(2)(iii) of this section), to 
the extent necessary to protect them in the event of a spill or leak of 
a hazardous chemical from a sealed container.
    (5) This section does not require labeling of the following 
chemicals:
    (i) Any pesticide as such term is defined in the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when 
subject to the labeling requirements of that Act and labeling 
regulations issued under that Act by the Environmental Protection 
Agency;
    (ii) Any chemical substance or mixture as such terms are defined in 
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), when subject 
to the labeling requirements of that Act and labeling regulations issued 
under that Act by the Environmental Protection Agency;
    (iii) Any food, food additive, color additive, drug, cosmetic, or 
medical or veterinary device or product, including materials intended 
for use as ingredients in such products (e.g. flavors and fragrances), 
as such terms are defined in the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.) or the Virus-Serum-Toxin Act of 1913 (21 U.S.C. 
151 et seq.), and regulations issued under those Acts, when they are 
subject to the labeling requirements under those Acts by either the Food 
and Drug Administration or the Department of Agriculture;
    (iv) Any distilled spirits (beverage alcohols), wine, or malt 
beverage intended for nonindustrial use, as such terms are defined in 
the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and 
regulations issued under that Act, when subject to the labeling 
requirements of that Act and labeling regulations issued under that Act 
by the Bureau of Alcohol, Tobacco, and Firearms;
    (v) Any consumer product or hazardous substance as those terms are 
defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, 
when subject to a consumer product safety standard or labeling 
requirement of those Acts, or regulations issued under those Acts by the 
Consumer Protection Commission; and,
    (vi) Agricultural or vegetable seed treated with pesticides and 
labeled in accordance with the Federal Seed Act (7 U.S.C. 1551 et seq.) 
and the labeling regulations issued under that Act by the Department of 
Agriculture.
    (6) This section does not apply to:
    (i) Any hazardous waste as such term is defined by the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to 
regulations issued under that Act by the Environmental Protection 
Agency;

[[Page 199]]

    (ii) Any hazardous substance as such term is defined by the 
Comprehensive Environmental Response, Compensation and Liability ACT 
(CERCLA) (42 U.S.C. 9601 et seq.) when the hazardous substance is the 
focus of remedial or removal action being conducted under CERCLA in 
accordance with Environmental Protection Agency regulations.
    (iii) Tobacco or tobacco products;
    (iv) Wood or wood products, including lumber which will not be 
processed, where the chemical manufacturer or importer can establish 
that the only hazard they pose to employees is the potential for 
flammability or combustibility (wood or wood products which have been 
treated with a hazardous chemical covered by this standard, and wood 
which may be subsequently sawed or cut, generating dust, are not 
exempted);
    (v) Articles (as that term is defined in paragraph (c) of this 
section);
    (vi) Food or alcoholic beverages which are sold, used, or prepared 
in a retail establishment (such as a grocery store, restaurant, or 
drinking place), and foods intended for personal consumption by 
employees while in the workplace;
    (vii) Any drug, as that term is defined in the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.), when it is in solid, final 
form for direct administration to the patient (e.g., tablets or pills); 
drugs which are packaged by the chemical manufacturer for sale to 
consumers in a retail establishment (e.g., over-the-counter drugs); and 
drugs intended for personal consumption by employees while in the 
workplace (e.g., first aid supplies);
    (viii) Cosmetics which are packaged for sale to consumers in a 
retail establishment, and cosmetics intended for personal consumption by 
employees while in the workplace;
    (ix) Any consumer product or hazardous substance, as those terms are 
defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, 
where the employer can show that it is used in the workplace for the 
purpose intended by the chemical manufacturer or importer of the 
product, and the use results in a duration and frequency of exposure 
which is not greater than the range of exposures that could reasonably 
be experienced by consumers when used for the purpose intended;
    (x) Nuisance particulates where the chemical manufacturer or 
importer can establish that they do not pose any physical or health 
hazard covered under this section;
    (xi) Ionizing and nonionizing radiation; and,
    (xii) Biological hazards.
    (c) Definitions.
    Article means a manufactured item other than a fluid or particle:
    (i) Which is formed to a specific shape or design during 
manufacture;
    (ii) Which has end use function(s) dependent in whole or in part 
upon its shape or design during end use; and
    (iii) Which under normal conditions of use does not release more 
than very small quantities, e.g., minute or trace amounts of a hazardous 
chemical (as determined under paragraph (d) of this section), and does 
not pose a physical hazard or health risk to employees.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    Chemical means any element, chemical compound or mixture of elements 
and/or compounds.
    Chemical manufacturer means an employer with a workplace where 
chemical(s) are produced for use or distribution.
    Chemical name means the scientific designation of a chemical in 
accordance with the nomenclature system developed by the International 
Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts 
Service (CAS) rules of nomenclature, or a name which will clearly 
identify the chemical for the purpose of conducting a hazard evaluation.
    Combustible liquid means any liquid having a flashpoint at or above 
100  deg.F (37.8  deg.C), but below 200  deg.F (93.3  deg.C), except any 
mixture having components with flashpoints of 200  deg.F (93.3  deg.C), 
or higher, the total volume of which make up 99 percent or more of the 
total volume of the mixture.
    Commercial account means an arrangement whereby a retail distributor

[[Page 200]]

sells hazardous chemicals to an employer, generally in large quantities 
over time and/or at costs that are below the regular retail price.
    Common name means any designation or identification such as code 
name, code number, trade name, brand name or generic name used to 
identify a chemical other than by its chemical name.
    Compressed gas means:
    (i) A gas or mixture of gases having, in a container, an absolute 
pressure exceeding 40 psi at 70  deg.F (21.1  deg.C); or
    (ii) A gas or mixture of gases having, in a container, an absolute 
pressure exceeding 104 psi at 130  deg.F (54.4  deg.C) regardless of the 
pressure at 70  deg.F (21.1  deg.C); or
    (iii) A liquid having a vapor pressure exceeding 40 psi at 100 
deg.F (37.8  deg.C) as determined by ASTM D-323-72.
    Container means any bag, barrel, bottle, box, can, cylinder, drum, 
reaction vessel, storage tank, or the like that contains a hazardous 
chemical. For purposes of this section, pipes or piping systems, and 
engines, fuel tanks, or other operating systems in a vehicle, are not 
considered to be containers.
    Designated representative means any individual or organization to 
whom an employee gives written authorization to exercise such employee's 
rights under this section. A recognized or certified collective 
bargaining agent shall be treated automatically as a designated 
representative without regard to written employee authorization.
    Director means the Director, National Institute for Occupational 
Safety and Health, U.S. Department of Health and Human Services, or 
designee.
    Distributor means a business, other than a chemical manufacturer or 
importer, which supplies hazardous chemicals to other distributors or to 
employers.
    Employee means a worker who may be exposed to hazardous chemicals 
under normal operating conditions or in foreseeable emergencies. Workers 
such as office workers or bank tellers who encounter hazardous chemicals 
only in non-routine, isolated instances are not covered.
    Employer means a person engaged in a business where chemicals are 
either used, distributed, or are produced for use or distribution, 
including a contractor or subcontractor.
    Explosive means a chemical that causes a sudden, almost 
instantaneous release of pressure, gas, and heat when subjected to 
sudden shock, pressure, or high temperature.
    Exposure or exposed means that an employee is subjected in the 
course of employment to a chemical that is a physical or health hazard, 
and includes potential (e.g. accidental or possible) exposure. 
``Subjected'' in terms of health hazards includes any route of entry 
(e.g. inhalation, ingestion, skin contact or absorption.)
    Flammable means a chemical that falls into one of the following 
categories:
    (i) Aerosol, flammable means an aerosol that, when tested by the 
method described in 16 CFR 1500.45, yields a flame projection exceeding 
18 inches at full valve opening, or a flashback (a flame extending back 
to the valve) at any degree of valve opening;
    (ii) Gas, flammable means: (A) A gas that, at ambient temperature 
and pressure, forms a flammable mixture with air at a concentration of 
thirteen (13) percent by volume or less; or
    (B) A gas that, at ambient temperature and pressure, forms a range 
of flammable mixtures with air wider than twelve (12) percent by volume, 
regardless of the lower limit;
    (iii) Liquid, flammable means any liquid having a flashpoint below 
100 deg.F (37.8 deg.C), except any mixture having components with 
flashpoints of 100 deg.F (37.8 deg.C) or higher, the total of which make 
up 99 percent or more of the total volume of the mixture.
    (iv) Solid, flammable means a solid, other than a blasting agent or 
explosive as defined in Sec. 1910.109(a), that is liable to cause fire 
through friction, absorption of moisture, spontaneous chemical change, 
or retained heat from manufacturing or processing, or which can be 
ignited readily and when ignited burns so vigorously and persistently as 
to create a serious hazard. A chemical shall be considered to be a 
flammable solid if, when tested by the method described in 16 CFR 
1500.44, it ignites and burns with a self-sustained flame at a rate 
greater than one-tenth of an inch per second along its major axis.

[[Page 201]]

    Flashpoint means the minimum temperature at which a liquid gives off 
a vapor in sufficient concentration to ignite when tested as follows:
    (i) Tagliabue Closed Tester (See American National Standard Method 
of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-
79)) for liquids with a viscosity of less than 45 Saybolt Universal 
Seconds (SUS) at 100 deg.F (37.8 deg.C), that do not contain suspended 
solids and do not have a tendency to form a surface film under test; or
    (ii) Pensky-Martens Closed Tester (see American National Standard 
Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-
1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater 
than 45 SUS at 100 deg.F (37.8 deg.C), or that contain suspended solids, 
or that have a tendency to form a surface film under test; or
    (iii) Setaflash Closed Tester (see American National Standard Method 
of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).

Organic peroxides, which undergo autoaccelerating thermal decomposition, 
are excluded from any of the flashpoint determination methods specified 
above.
    Foreseeable emergency means any potential occurrence such as, but 
not limited to, equipment failure, rupture of containers, or failure of 
control equipment which could result in an uncontrolled release of a 
hazardous chemical into the workplace.
    Hazardous chemical means any chemical which is a physical hazard or 
a health hazard.
    Hazard warning means any words, pictures, symbols, or combination 
thereof appearing on a label or other appropriate form of warning which 
convey the specific physical and health hazard(s), including target 
organ effects, of the chemical(s) in the container(s). (See the 
definitions for ``physical hazard'' and ``health hazard'' to determine 
the hazards which must be covered.)
    Health hazard means a chemical for which there is statistically 
significant evidence based on at least one study conducted in accordance 
with established scientific principles that acute or chronic health 
effects may occur in exposed employees. The term ``health hazard'' 
includes chemicals which are carcinogens, toxic or highly toxic agents, 
reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, 
nephrotoxins, neurotoxins, agents which act on the hematopoietic system, 
and agents which damage the lungs, skin, eyes, or mucous membranes. 
Appendix A provides further definitions and explanations of the scope of 
health hazards covered by this section, and Appendix B describes the 
criteria to be used to determine whether or not a chemical is to be 
considered hazardous for purposes of this standard.
    Identity means any chemical or common name which is indicated on the 
material safety data sheet (MSDS) for the chemical. The identity used 
shall permit cross-references to be made among the required list of 
hazardous chemicals, the label and the MSDS.
    Immediate use means that the hazardous chemical will be under the 
control of and used only by the person who transfers it from a labeled 
container and only within the work shift in which it is transferred.
    Importer means the first business with employees within the Customs 
Territory of the United States which receives hazardous chemicals 
produced in other countries for the purpose of supplying them to 
distributors or employers within the United States.
    Label means any written, printed, or graphic material displayed on 
or affixed to containers of hazardous chemicals.
    Material safety data sheet (MSDS) means written or printed material 
concerning a hazardous chemical which is prepared in accordance with 
paragraph (g) of this section.
    Mixture means any combination of two or more chemicals if the 
combination is not, in whole or in part, the result of a chemical 
reaction.
    Organic peroxide means an organic compound that contains the 
bivalent -O-O-structure and which may be considered to be a structural 
derivative of hydrogen peroxide where one or both of the hydrogen atoms 
has been replaced by an organic radical.

[[Page 202]]

    Oxidizer means a chemical other than a blasting agent or explosive 
as defined in Sec. 1910.109(a), that initiates or promotes combustion in 
other materials, thereby causing fire either of itself or through the 
release of oxygen or other gases.
    Physical hazard means a chemical for which there is scientifically 
valid evidence that it is a combustible liquid, a compressed gas, 
explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, 
unstable (reactive) or water-reactive.
    Produce means to manufacture, process, formulate, blend, extract, 
generate, emit, or repackage.
    Pyrophoric means a chemical that will ignite spontaneously in air at 
a temperature of 130 deg.F (54.4 deg.C) or below.
    Responsible party means someone who can provide additional 
information on the hazardous chemical and appropriate emergency 
procedures, if necessary.
    Specific chemical identity means the chemical name, Chemical 
Abstracts Service (CAS) Registry Number, or any other information that 
reveals the precise chemical designation of the substance.
    Trade secret means any confidential formula, pattern, process, 
device, information or compilation of information that is used in an 
employer's business, and that gives the employer an opportunity to 
obtain an advantage over competitors who do not know or use it. Appendix 
D sets out the criteria to be used in evaluating trade secrets.
    Unstable (reactive) means a chemical which in the pure state, or as 
produced or transported, will vigorously polymerize, decompose, 
condense, or will become self-reactive under conditions of shocks, 
pressure or temperature.
    Use means to package, handle, react, emit, extract, generate as a 
byproduct, or transfer.
    Water-reactive means a chemical that reacts with water to release a 
gas that is either flammable or presents a health hazard.
    Work area means a room or defined space in a workplace where 
hazardous chemicals are produced or used, and where employees are 
present.
    Workplace means an establishment, job site, or project, at one 
geographical location containing one or more work areas.
    (d) Hazard determination. (1) Chemical manufacturers and importers 
shall evaluate chemicals produced in their workplaces or imported by 
them to determine if they are hazardous. Employers are not required to 
evaluate chemicals unless they choose not to rely on the evaluation 
performed by the chemical manufacturer or importer for the chemical to 
satisfy this requirement.
    (2) Chemical manufacturers, importers or employers evaluating 
chemicals shall identify and consider the available scientific evidence 
concerning such hazards. For health hazards, evidence which is 
statistically significant and which is based on at least one positive 
study conducted in accordance with established scientific principles is 
considered to be sufficient to establish a hazardous effect if the 
results of the study meet the definitions of health hazards in this 
section. Appendix A shall be consulted for the scope of health hazards 
covered, and Appendix B shall be consulted for the criteria to be 
followed with respect to the completeness of the evaluation, and the 
data to be reported.
    (3) The chemical manufacturer, importer or employer evaluating 
chemicals shall treat the following sources as establishing that the 
chemicals listed in them are hazardous:
    (i) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances, 
Occupational Safety and Health Administration (OSHA); or,
    (ii) Threshold Limit Values for Chemical Substances and Physical 
Agents in the Work Environment, American Conference of Governmental 
Industrial Hygienists (ACGIH) (latest edition). The chemical 
manufacturer, importer, or employer is still responsible for evaluating 
the hazards associated with the chemicals in these source lists in 
accordance with the requirements of this standard.
    (4) Chemical manufacturers, importers and employers evaluating 
chemicals shall treat the following sources as establishing that a 
chemical is a carcinogen or potential carcinogen for hazard 
communication purposes:

[[Page 203]]

    (i) National Toxicology Program (NTP), Annual Report on Carcinogens 
(latest edition);
    (ii) International Agency for Research on Cancer (IARC) Monographs 
(latest editions); or
    (iii) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances, 
Occupational Safety and Health Administration.

    Note: The Registry of Toxic Effects of Chemical Substances published 
by the National Institute for Occupational Safety and Health indicates 
whether a chemical has been found by NTP or IARC to be a potential 
carcinogen.

    (5) The chemical manufacturer, importer or employer shall determine 
the hazards of mixtures of chemicals as follows:
    (i) If a mixture has been tested as a whole to determine its 
hazards, the results of such testing shall be used to determine whether 
the mixture is hazardous;
    (ii) If a mixture has not been tested as a whole to determine 
whether the mixture is a health hazard, the mixture shall be assumed to 
present the same health hazards as do the components which comprise one 
percent (by weight or volume) or greater of the mixture, except that the 
mixture shall be assumed to present a carcinogenic hazard if it contains 
a component in concentrations of 0.1 percent or greater which is 
considered to be a carcinogen under paragraph (d)(4) of this section;
    (iii) If a mixture has not been tested as a whole to determine 
whether the mixture is a physical hazard, the chemical manufacturer, 
importer, or employer may use whatever scientifically valid data is 
available to evaluate the physical hazard potential of the mixture; and,
    (iv) If the chemical manufacturer, importer, or employer has 
evidence to indicate that a component present in the mixture in 
concentrations of less than one percent (or in the case of carcinogens, 
less than 0.1 percent) could be released in concentrations which would 
exceed an established OSHA permissible exposure limit or ACGIH Threshold 
Limit Value, or could present a health risk to employees in those 
concentrations, the mixture shall be assumed to present the same hazard.
    (6) Chemical manufacturers, importers, or employers evaluating 
chemicals shall describe in writing the procedures they use to determine 
the hazards of the chemical they evaluate. The written procedures are to 
be made available, upon request, to employees, their designated 
representatives, the Assistant Secretary and the Director. The written 
description may be incorporated into the written hazard communication 
program required under paragraph (e) of this section.
    (e) Written hazard communication program. (1) Employers shall 
develop, implement, and maintain at each workplace, a written hazard 
communication program which at least describes how the criteria 
specified in paragraphs (f), (g), and (h) of this section for labels and 
other forms of warning, material safety data sheets, and employee 
information and training will be met, and which also includes the 
following:
    (i) A list of the hazardous chemicals known to be present using an 
identity that is referenced on the appropriate material safety data 
sheet (the list may be compiled for the workplace as a whole or for 
individual work areas); and,
    (ii) The methods the employer will use to inform employees of the 
hazards of non-routine tasks (for example, the cleaning of reactor 
vessels), and the hazards associated with chemicals contained in 
unlabeled pipes in their work areas.
    (2) Multi-employer workplaces. Employers who produce, use, or store 
hazardous chemicals at a workplace in such a way that the employees of 
other employer(s) may be exposed (for example, employees of a 
construction contractor working on-site) shall additionally ensure that 
the hazard communication programs developed and implemented under this 
paragraph (e) include the following:
    (i) The methods the employer will use to provide the other 
employer(s) on-site access to material safety data sheets for each 
hazardous chemical the other employer(s)' employees may be exposed to 
while working;
    (ii) The methods the employer will use to inform the other 
employer(s) of any precautionary measures that need

[[Page 204]]

to be taken to protect employees during the workplace's normal operating 
conditions and in foreseeable emergencies; and,
    (iii) The methods the employer will use to inform the other 
employer(s) of the labeling system used in the workplace.
    (3) The employer may rely on an existing hazard communication 
program to comply with these requirements, provided that it meets the 
criteria established in this paragraph (e).
    (4) The employer shall make the written hazard communication program 
available, upon request, to employees, their designated representatives, 
the Assistant Secretary and the Director, in accordance with the 
requirements of 29 CFR 1910.20 (e).
    (5) Where employees must travel between workplaces during a 
workshift, i.e., their work is carried out at more than one geographical 
location, the written hazard communication program may be kept at the 
primary workplace facility.
    (f) Labels and other forms of warning. (1) The chemical 
manufacturer, importer, or distributor shall ensure that each container 
of hazardous chemicals leaving the workplace is labeled, tagged or 
marked with the following information:
    (i) Identity of the hazardous chemical(s);
    (ii) Appropriate hazard warnings; and
    (iii) Name and address of the chemical manufacturer, importer, or 
other responsible party.
    (2)(i) For solid metal (such as a steel beam or a metal casting), 
solid wood, or plastic items that are not exempted as articles due to 
their downstream use, or shipments of whole grain, the required label 
may be transmitted to the customer at the time of the initial shipment, 
and need not be included with subsequent shipments to the same employer 
unless the information on the label changes;
    (ii) The label may be transmitted with the initial shipment itself, 
or with the material safety data sheet that is to be provided prior to 
or at the time of the first shipment; and,
    (iii) This exception to requiring labels on every container of 
hazardous chemicals is only for the solid material itself, and does not 
apply to hazardous chemicals used in conjunction with, or known to be 
present with, the material and to which employees handling the items in 
transit may be exposed (for example, cutting fluids or pesticides in 
grains).
    (3) Chemical manufacturers, importers, or distributors shall ensure 
that each container of hazardous chemicals leaving the workplace is 
labeled, tagged, or marked in accordance with this section in a manner 
which does not conflict with the requirements of the Hazardous Materials 
Transportation Act (49 U.S.C. 1801 et seq.) and regulations issued under 
that Act by the Department of Transportation.
    (4) If the hazardous chemical is regulated by OSHA in a substance-
specific health standard, the chemical manufacturer, importer, 
distributor or employer shall ensure that the labels or other forms of 
warning used are in accordance with the requirements of that standard.
    (5) Except as provided in paragraphs (f)(6) and (f)(7) of this 
section, the employer shall ensure that each container of hazardous 
chemicals in the workplace is labeled, tagged or marked with the 
following information:
    (i) Identity of the hazardous chemical(s) contained therein; and,
    (ii) Appropriate hazard warnings, or alternatively, 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.
    (6) The employer may use signs, placards, process sheets, batch 
tickets, operating procedures, or other such written materials in lieu 
of affixing labels to individual stationary process containers, as long 
as the alternative method identifies the containers to which it is 
applicable and conveys the information required by paragraph (f)(5) of 
this section to be on a label. The written materials shall be readily 
accessible to the employees in their work area throughout each work 
shift.

[[Page 205]]

    (7) The employer is not required to label portable containers into 
which hazardous chemicals are transferred from labeled containers, and 
which are intended only for the immediate use of the employee who 
performs the transfer. For purposes of this section, drugs which are 
dispensed by a pharmacy to a health care provider for direct 
administration to a patient are exempted from labeling.
    (8) The employer shall not remove or deface existing labels on 
incoming containers of hazardous chemicals, unless the container is 
immediately marked with the required information.
    (9) The employer shall ensure that labels or other forms of warning 
are legible, in English, and prominently displayed on the container, or 
readily available in the work area throughout each work shift. Employers 
having employees who speak other languages may add the information in 
their language to the material presented, as long as the information is 
presented in English as well.
    (10) The chemical manufacturer, importer, distributor or employer 
need not affix new labels to comply with this section if existing labels 
already convey the required information.
    (11) Chemical manufacturers, importers, distributors, or employers 
who become newly aware of any significant information regarding the 
hazards of a chemical shall revise the labels for the chemical within 
three months of becoming aware of the new information. Labels on 
containers of hazardous chemicals shipped after that time shall contain 
the new information. If the chemical is not currently produced or 
imported, the chemical manufacturer, importers, distributor, or employer 
shall add the information to the label before the chemical is shipped or 
introduced into the workplace again.
    (g) Material safety data sheets. (1) Chemical manufacturers and 
importers shall obtain or develop a material safety data sheet for each 
hazardous chemical they produce or import. Employers shall have a 
material safety data sheet in the workplace for each hazardous chemical 
which they use.
    (2) Each material safety data sheet shall be in English (although 
the employer may maintain copies in other languages as well), and shall 
contain at least the following information:
    (i) The identity used on the label, and, except as provided for in 
paragraph (i) of this section on trade secrets:
    (A) If the hazardous chemical is a single substance, its chemical 
and common name(s);
    (B) If the hazardous chemical is a mixture which has been tested as 
a whole to determine its hazards, the chemical and common name(s) of the 
ingredients which contribute to these known hazards, and the common 
name(s) of the mixture itself; or,
    (C) If the hazardous chemical is a mixture which has not been tested 
as a whole:
    (1) The chemical and common name(s) of all ingredients which have 
been determined to be health hazards, and which comprise 1% or greater 
of the composition, except that chemicals identified as carcinogens 
under paragraph (d) of this section shall be listed if the 
concentrations are 0.1% or greater; and,
    (2) The chemical and common name(s) of all ingredients which have 
been determined to be health hazards, and which comprise less than 1% 
(0.1% for carcinogens) of the mixture, if there is evidence that the 
ingredient(s) could be released from the mixture in concentrations which 
would exceed an established OSHA permissible exposure limit or ACGIH 
Threshold Limit Value, or could present a health risk to employees; and,
    (3) The chemical and common name(s) of all ingredients which have 
been determined to present a physical hazard when present in the 
mixture;
    (ii) Physical and chemical characteristics of the hazardous chemical 
(such as vapor pressure, flash point);
    (iii) The physical hazards of the hazardous chemical, including the 
potential for fire, explosion, and reactivity;
    (iv) The health hazards of the hazardous chemical, including signs 
and symptoms of exposure, and any medical conditions which are generally 
recognized as being aggravated by exposure to the chemical;
    (v) The primary route(s) of entry;
    (vi) The OSHA permissible exposure limit, ACGIH Threshold Limit 
Value,

[[Page 206]]

and any other exposure limit used or recommended by the chemical 
manufacturer, importer, or employer preparing the material safety data 
sheet, where available;
    (vii) Whether the hazardous chemical is listed in the National 
Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) 
or has been found to be a potential carcinogen in the International 
Agency for Research on Cancer (IARC) Monographs (latest editions), or by 
OSHA;
    (viii) Any generally applicable precautions for safe handling and 
use which are known to the chemical manufacturer, importer or employer 
preparing the material safety data sheet, including appropriate hygienic 
practices, protective measures during repair and maintenance of 
contaminated equipment, and procedures for clean-up of spills and leaks;
    (ix) Any generally applicable control measures which are known to 
the chemical manufacturer, importer or employer preparing the material 
safety data sheet, such as appropriate engineering controls, work 
practices, or personal protective equipment;
    (x) Emergency and first aid procedures;
    (xi) The date of preparation of the material safety data sheet or 
the last change to it; and,
    (xii) The name, address and telephone number of the chemical 
manufacturer, importer, employer or other responsible party preparing or 
distributing the material safety data sheet, who can provide additional 
information on the hazardous chemical and appropriate emergency 
procedures, if necessary.
    (3) If no relevant information is found for any given category on 
the material safety data sheet, the chemical manufacturer, importer or 
employer preparing the material safety data sheet shall mark it to 
indicate that no applicable information was found.
    (4) Where complex mixtures have similar hazards and contents (i.e. 
the chemical ingredients are essentially the same, but the specific 
composition varies from mixture to mixture), the chemical manufacturer, 
importer or employer may prepare one material safety data sheet to apply 
to all of these similar mixtures.
    (5) The chemical manufacturer, importer or employer preparing the 
material safety data sheet shall ensure that the information recorded 
accurately reflects the scientific evidence used in making the hazard 
determination. If the chemical manufacturer, importer or employer 
preparing the material safety data sheet becomes newly aware of any 
significant information regarding the hazards of a chemical, or ways to 
protect against the hazards, this new information shall be added to the 
material safety data sheet within three months. If the chemical is not 
currently being produced or imported the chemical manufacturer or 
importer shall add the information to the material safety data sheet 
before the chemical is introduced into the workplace again.
    (6)(i) Chemical manufacturers or importers shall ensure that 
distributors and employers are provided an appropriate material safety 
data sheet with their initial shipment, and with the first shipment 
after a material safety data sheet is updated;
    (ii) The chemical manufacturer or importer shall either provide 
material safety data sheets with the shipped containers or send them to 
the distributor or employer prior to or at the time of the shipment;
    (iii) If the material safety data sheet is not provided with a 
shipment that has been labeled as a hazardous chemical, the distributor 
or employer shall obtain one from the chemical manufacturer or importer 
as soon as possible; and,
    (iv) The chemical manufacturer or importer shall also provide 
distributors or employers with a material safety data sheet upon 
request.
    (7)(i) Distributors shall ensure that material safety data sheets, 
and updated information, are provided to other distributors and 
employers with their initial shipment and with the first shipment after 
a material safety data sheet is updated;
    (ii) The distributor shall either provide material safety data 
sheets with the shipped containers, or send them to the other 
distributor or employer prior to or at the time of the shipment;

[[Page 207]]

    (iii) Retail distributors selling hazardous chemicals to employers 
having a commercial account shall provide a material safety data sheet 
to such employers upon request, and shall post a sign or otherwise 
inform them that a material safety data sheet is available;
    (iv) Wholesale distributors selling hazardous chemicals to employers 
over-the-counter may also provide material safety data sheets upon the 
request of the employer at the time of the over-the-counter purchase, 
and shall post a sign or otherwise inform such employers that a material 
safety data sheet is available;
    (v) If an employer without a commercial account purchases a 
hazardous chemical from a retail distributor not required to have 
material safety data sheets on file (i.e., the retail distributor does 
not have commercial accounts and does not use the materials), the retail 
distributor shall provide the employer, upon request, with the name, 
address, and telephone number of the chemical manufacturer, importer, or 
distributor from which a material safety data sheet can be obtained;
    (vi) Wholesale distributors shall also provide material safety data 
sheets to employers or other distributors upon request; and,
    (vii) Chemical manufacturers, importers, and distributors need not 
provide material safety data sheets to retail distributors that have 
informed them that the retail distributor does not sell the product to 
commercial accounts or open the sealed container to use it in their own 
workplaces.
    (8) The employer shall maintain in the workplace copies of the 
required material safety data sheets for each hazardous chemical, and 
shall ensure that they are readily accessible during each work shift to 
employees when they are in their work area(s). (Electronic access, 
microfiche, and other alternatives to maintaining paper copies of the 
material safety data sheets are permitted as long as no barriers to 
immediate employee access in each workplace are created by such 
options.)
    (9) Where employees must travel between workplaces during a 
workshift, i.e., their work is carried out at more than one geographical 
location, the material safety data sheets may be kept at the primary 
workplace facility. In this situation, the employer shall ensure that 
employees can immediately obtain the required information in an 
emergency.
    (10) Material safety data sheets may be kept in any form, including 
operating procedures, and may be designed to cover groups of hazardous 
chemicals in a work area where it may be more appropriate to address the 
hazards of a process rather than individual hazardous chemicals. 
However, the employer shall ensure that in all cases the required 
information is provided for each hazardous chemical, and is readily 
accessible during each work shift to employees when they are in in their 
work area(s).
    (11) Material safety data sheets shall also be made readily 
available, upon request, to designated representatives and to the 
Assistant Secretary, in accordance with the requirements of 29 CFR 
1910.20(e). The Director shall also be given access to material safety 
data sheets in the same manner.
    (h) Employee information and training. (1) Employers shall provide 
employees with effective information and training on hazardous chemicals 
in their work area at the time of their initial assignment, and whenever 
a new physical or health hazard the employees have not previously been 
trained about is introduced into their work area. Information and 
training may be designed to cover categories of hazards (e.g., 
flammability, carcinogenicity) or specific chemicals. Chemical-specific 
information must always be available through labels and material safety 
data sheets.
    (2) Information. Employees shall be informed of:
    (i) The requirements of this section;
    (ii) Any operations in their work area where hazardous chemicals are 
present; and,
    (iii) The location and availability of the written hazard 
communication program, including the required list(s) of hazardous 
chemicals, and material safety data sheets required by this section.
    (3) Training. Employee training shall include at least:
    (i) Methods and observations that may be used to detect the presence 
or release of a hazardous chemical in the

[[Page 208]]

work area (such as monitoring conducted by the employer, continuous 
monitoring devices, visual appearance or odor of hazardous chemicals 
when being released, etc.);
    (ii) The physical and health hazards of the chemicals in the work 
area;
    (iii) The measures employees can take to protect themselves from 
these hazards, including specific procedures the employer has 
implemented to protect employees from exposure to hazardous chemicals, 
such as appropriate work practices, emergency procedures, and personal 
protective equipment to be used; and,
    (iv) The details of the hazard communication program developed by 
the employer, including an explanation of the labeling system and the 
material safety data sheet, and how employees can obtain and use the 
appropriate hazard information.
    (i) Trade secrets. (1) The chemical manufacturer, importer, or 
employer may withhold the specific chemical identity, including the 
chemical name and other specific identification of a hazardous chemical, 
from the material safety data sheet, provided that:
    (i) The claim that the information withheld is a trade secret can be 
supported;
    (ii) Information contained in the material safety data sheet 
concerning the properties and effects of the hazardous chemical is 
disclosed;
    (iii) The material safety data sheet indicates that the specific 
chemical identity is being withheld as a trade secret; and,
    (iv) The specific chemical identity is made available to health 
professionals, employees, and designated representatives in accordance 
with the applicable provisions of this paragraph.
    (2) Where a treating physician or nurse determines that a medical 
emergency exists and the specific chemical identity of a hazardous 
chemical is necessary for emergency or first-aid treatment, the chemical 
manufacturer, importer, or employer shall immediately disclose the 
specific chemical identity of a trade secret chemical to that treating 
physician or nurse, regardless of the existence of a written statement 
of need or a confidentiality agreement. The chemical manufacturer, 
importer, or employer may require a written statement of need and 
confidentiality agreement, in accordance with the provisions of 
paragraphs (i) (3) and (4) of this section, as soon as circumstances 
permit.
    (3) In non-emergency situations, a chemical manufacturer, importer, 
or employer shall, upon request, disclose a specific chemical identity, 
otherwise permitted to be withheld under paragraph (i)(1) of this 
section, to a health professional (i.e. physician, industrial hygienist, 
toxicologist, epidemiologist, or occupational health nurse) providing 
medical or other occupational health services to exposed employee(s), 
and to employees or designated representatives, if:
    (i) The request is in writing;
    (ii) The request describes with reasonable detail one or more of the 
following occupational health needs for the information:
    (A) To assess the hazards of the chemicals to which employees will 
be exposed;
    (B) To conduct or assess sampling of the workplace atmosphere to 
determine employee exposure levels;
    (C) To conduct pre-assignment or periodic medical surveillance of 
exposed employees;
    (D) To provide medical treatment to exposed employees;
    (E) To select or assess appropriate personal protective equipment 
for exposed employees;
    (F) To design or assess engineering controls or other protective 
measures for exposed employees; and,
    (G) To conduct studies to determine the health effects of exposure.
    (iii) The request explains in detail why the disclosure of the 
specific chemical identity is essential and that, in lieu thereof, the 
disclosure of the following information to the health professional, 
employee, or designated representative, would not satisfy the purposes 
described in paragraph (i)(3)(ii) of this section:
    (A) The properties and effects of the chemical;
    (B) Measures for controlling workers' exposure to the chemical;
    (C) Methods of monitoring and analyzing worker exposure to the 
chemical; and,

[[Page 209]]

    (D) Methods of diagnosing and treating harmful exposures to the 
chemical;
    (iv) The request includes a description of the procedures to be used 
to maintain the confidentiality of the disclosed information; and,
    (v) The health professional, and the employer or contractor of the 
services of the health professional (i.e. downstream employer, labor 
organization, or individual employee), employee, or designated 
representative, agree in a written confidentiality agreement that the 
health professional, employee, or designated representative, will not 
use the trade secret information for any purpose other than the health 
need(s) asserted and agree not to release the information under any 
circumstances other than to OSHA, as provided in paragraph (i)(6) of 
this section, except as authorized by the terms of the agreement or by 
the chemical manufacturer, importer, or employer.
    (4) The confidentiality agreement authorized by paragraph (i)(3)(iv) 
of this section:
    (i) May restrict the use of the information to the health purposes 
indicated in the written statement of need;
    (ii) May provide for appropriate legal remedies in the event of a 
breach of the agreement, including stipulation of a reasonable pre-
estimate of likely damages; and,
    (iii) May not include requirements for the posting of a penalty 
bond.
    (5) Nothing in this standard is meant to preclude the parties from 
pursuing non-contractual remedies to the extent permitted by law.
    (6) If the health professional, employee, or designated 
representative receiving the trade secret information decides that there 
is a need to disclose it to OSHA, the chemical manufacturer, importer, 
or employer who provided the information shall be informed by the health 
professional, employee, or designated representative prior to, or at the 
same time as, such disclosure.
    (7) If the chemical manufacturer, importer, or employer denies a 
written request for disclosure of a specific chemical identity, the 
denial must:
    (i) Be provided to the health professional, employee, or designated 
representative, within thirty days of the request;
    (ii) Be in writing;
    (iii) Include evidence to support the claim that the specific 
chemical identity is a trade secret;
    (iv) State the specific reasons why the request is being denied; 
and,
    (v) Explain in detail how alternative information may satisfy the 
specific medical or occupational health need without revealing the 
specific chemical identity.
    (8) The health professional, employee, or designated representative 
whose request for information is denied under paragraph (i)(3) of this 
section may refer the request and the written denial of the request to 
OSHA for consideration.
    (9) When a health professional, employee, or designated 
representative refers the denial to OSHA under paragraph (i)(8) of this 
section, OSHA shall consider the evidence to determine if:
    (i) The chemical manufacturer, importer, or employer has supported 
the claim that the specific chemical identity is a trade secret;
    (ii) The health professional, employee, or designated representative 
has supported the claim that there is a medical or occupational health 
need for the information; and,
    (iii) The health professional, employee or designated representative 
has demonstrated adequate means to protect the confidentiality.
    (10)(i) If OSHA determines that the specific chemical identity 
requested under paragraph (i)(3) of this section is not a bona fide 
trade secret, or that it is a trade secret, but the requesting health 
professional, employee, or designated representative has a legitimate 
medical or occupational health need for the information, has executed a 
written confidentiality agreement, and has shown adequate means to 
protect the confidentiality of the information, the chemical 
manufacturer, importer, or employer will be subject to citation by OSHA.
    (ii) If a chemical manufacturer, importer, or employer demonstrates 
to OSHA that the execution of a confidentiality agreement would not 
provide

[[Page 210]]

sufficient protection against the potential harm from the unauthorized 
disclosure of a trade secret specific chemical identity, the Assistant 
Secretary may issue such orders or impose such additional limitations or 
conditions upon the disclosure of the requested chemical information as 
may be appropriate to assure that the occupational health services are 
provided without an undue risk of harm to the chemical manufacturer, 
importer, or employer.
    (11) If a citation for a failure to release specific chemical 
identity information is contested by the chemical manufacturer, 
importer, or employer, the matter will be adjudicated before the 
Occupational Safety and Health Review Commission in accordance with the 
Act's enforcement scheme and the applicable Commission rules of 
procedure. In accordance with the Commission rules, when a chemical 
manufacturer, importer, or employer continues to withhold the 
information during the contest, the Administrative Law Judge may review 
the citation and supporting documentation in camera or issue appropriate 
orders to protect the confidentiality of such matters.
    (12) Notwithstanding the existence of a trade secret claim, a 
chemical manufacturer, importer, or employer shall, upon request, 
disclose to the Assistant Secretary any information which this section 
requires the chemical manufacturer, importer, or employer to make 
available. Where there is a trade secret claim, such claim shall be made 
no later than at the time the information is provided to the Assistant 
Secretary so that suitable determinations of trade secret status can be 
made and the necessary protections can be implemented.
    (13) Nothing in this paragraph shall be construed as requiring the 
disclosure under any circumstances of process or percentage of mixture 
information which is a trade secret.
    (j) Effective dates. Chemical manufacturers, importers, 
distributors, and employers shall be in compliance with all provisions 
of this section by March 11, 1994.

    Note: The effective date of the clarification that the exemption of 
wood and wood products from the Hazard Communication standard in 
paragraph (b)(6)(iv) only applies to wood and wood products including 
lumber which will not be processed, where the manufacturer or importer 
can establish that the only hazard they pose to employees is the 
potential for flammability or combustibility, and that the exemption 
does not apply to wood or wood products which have been treated with a 
hazardous chemical covered by this standard, and wood which may be 
subsequently sawed or cut generating dust has been stayed from March 11, 
1994, to August 11, 1994.

    Appendix A to Sec. 1917.28--Health Hazard Definitions (Mandatory)

    Although safety hazards related to the physical characteristics of a 
chemical can be objectively defined in terms of testing requirements 
(e.g. flammability), health hazard definitions are less precise and more 
subjective. Health hazards may cause measurable changes in the body--
such as decreased pulmonary function. These changes are generally 
indicated by the occurrence of signs and symptoms in the exposed 
employees--such as shortness of breath, a non-measurable, subjective 
feeling. Employees exposed to such hazards must be apprised of both the 
change in body function and the signs and symptoms that may occur to 
signal that change.
    The determination of occupational health hazards is complicated by 
the fact that many of the effects or signs and symptoms occur commonly 
in non-occupationally exposed populations, so that effects of exposure 
are difficult to separate from normally occurring illnesses. 
Occasionally, a substance causes an effect that is rarely seen in the 
population at large, such as angiosarcomas caused by vinyl chloride 
exposure, thus making it easier to ascertain that the occupational 
exposure was the primary causative factor. More often, however, the 
effects are common, such as lung cancer. The situation is further 
complicated by the fact that most chemicals have not been adequately 
tested to determine their health hazard potential, and data do not exist 
to substantiate these effects.
    There have been many attempts to categorize effects and to define 
them in various ways. Generally, the terms ``acute'' and ``chronic'' are 
used to delineate between effects on the basis of severity or duration. 
``Acute'' effects usually occur rapidly as a result of short-term 
exposures, and are of short duration. ``Chronic'' effects generally 
occur as a result of long-term exposure, and are of long duration.
    The acute effects referred to most frequently are those defined by 
the American National Standards Institute (ANSI) standard for 
Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1988)--
irritation, corrosivity, sensitization and lethal

[[Page 211]]

dose. Although these are important health effects, they do not 
adequately cover the considerable range of acute effects which may occur 
as a result of occupational exposure, such as, for example, narcosis.
    Similarly, the term chronic effect is often used to cover only 
carcinogenicity, teratogenicity, and mutagenicity. These effects are 
obviously a concern in the workplace, but again, do not adequately cover 
the area of chronic effects, excluding, for example, blood dyscrasias 
(such as anemia), chronic bronchitis and liver atrophy.
    The goal of defining precisely, in measurable terms, every possible 
health effect that may occur in the workplace as a result of chemical 
exposures cannot realistically be accomplished. This does not negate the 
need for employees to be informed of such effects and protected from 
them. Appendix B, which is also mandatory, outlines the principles and 
procedures of hazard assessment.
    For purposes of this section, any chemicals which meet any of the 
following definitions, as determined by the criteria set forth in 
Appendix B are health hazards. However, this is not intended to be an 
exclusive categorization scheme. If there are available scientific data 
that involve other animal species or test methods, they must also be 
evaluated to determine the applicability of the HCS.
    1. Carcinogen: A chemical is considered to be a carcinogen if:
    (a) It has been evaluated by the International Agency for Research 
on Cancer (IARC), and found to be a carcinogen or potential carcinogen; 
or
    (b) It is listed as a carcinogen or potential carcinogen in the 
Annual Report on Carcinogens published by the National Toxicology 
Program (NTP) (latest edition); or,
    (c) It is regulated by OSHA as a carcinogen.
    2. Corrosive: A chemical that causes visible destruction of, or 
irreversible alterations in, living tissue by chemical action at the 
site of contact. For example, a chemical is considered to be corrosive 
if, when tested on the intact skin of albino rabbits by the method 
described by the U.S. Department of Transportation in appendix A to 49 
CFR part 173, it destroys or changes irreversibly the structure of the 
tissue at the site of contact following an exposure period of four 
hours. This term shall not refer to action on inanimate surfaces.
    3. Highly toxic: A chemical falling within any of the following 
categories:
    (a) A chemical that has a median lethal dose (LD50) of 50 
milligrams or less per kilogram of body weight when administered orally 
to albino rats weighing between 200 and 300 grams each.
    (b) A chemical that has a median lethal dose (LD50) of 
200 milligrams or less per kilogram of body weight when administered by 
continuous contact for 24 hours (or less if death occurs within 24 
hours) with the bare skin of albino rabbits weighing between two and 
three kilograms each.
    (c) A chemical that has a median lethal concentration 
(LC50) in air of 200 parts per million by volume or less of 
gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust, 
when administered by continuous inhalation for one hour (or less if 
death occurs within one hour) to albino rats weighing between 200 and 
300 grams each.
    4. Irritant: A chemical, which is not corrosive, but which causes a 
reversible inflammatory effect on living tissue by chemical action at 
the site of contact. A chemical is a skin irritant if, when tested on 
the intact skin of albino rabbits by the methods of 16 CFR 1500.41 for 
four hours exposure or by other appropriate techniques, it results in an 
empirical score of five or more. A chemical is an eye irritant if so 
determined under the procedure listed in 16 CFR 1500.42 or other 
appropriate techniques.
    5. Sensitizer: A chemical that causes a substantial proportion of 
exposed people or animals to develop an allergic reaction in normal 
tissue after repeated exposure to the chemical.
    6. Toxic. A chemical falling within any of the following categories:
    (a) A chemical that has a median lethal dose (LD50) of 
more than 50 milligrams per kilogram but not more than 500 milligrams 
per kilogram of body weight when administered orally to albino rats 
weighing between 200 and 300 grams each.
    (b) A chemical that has a median lethal dose (LD50) of 
more than 200 milligrams per kilogram but not more than 1,000 milligrams 
per kilogram of body weight when administered by continuous contact for 
24 hours (or less if death occurs within 24 hours) with the bare skin of 
albino rabbits weighing between two and three kilograms each.
    (c) A chemical that has a median lethal concentration 
(LC50) in air of more than 200 parts per million but not more 
than 2,000 parts per million by volume of gas or vapor, or more than two 
milligrams per liter but not more than 20 milligrams per liter of mist, 
fume, or dust, when administered by continuous inhalation for one hour 
(or less if death occurs within one hour) to albino rats weighing 
between 200 and 300 grams each.
    7. Target organ effects.
    The following is a target organ categorization of effects which may 
occur, including examples of signs and symptoms and chemicals which have 
been found to cause such effects. These examples are presented to 
illustrate the range and diversity of effects and hazards found in the 
workplace, and the broad scope employers must consider in this area, but 
are not intended to be all-inclusive.

a. Hepatotoxins: Chemicals which produce liver damage

[[Page 212]]

    Signs & Symptoms: Jaundice; liver enlargement
    Chemicals: Carbon tetrachloride; nitrosamines
b. Nephrotoxins: Chemicals which produce kidney damage
    Signs & Symptoms: Edema; proteinuria
    Chemicals: Halogenated hydrocarbons; uranium
c. Neurotoxins: Chemicals which produce their primary toxic effects on 
          the nervous system
    Signs & Symptoms: Narcosis; behavioral changes; decrease in motor 
functions
    Chemicals: Mercury; carbon disulfide
d. Agents which act on the blood or hemato-poietic system: Decrease 
          hemoglobin function; deprive the body tissues of oxygen
    Signs & Symptoms: Cyanosis; loss of consciousness
    Chemicals: Carbon monoxide; cyanides
e. Agents which damage the lung: Chemicals which irritate or damage 
          pulmonary tissue
    Signs & Symptoms: Cough; tightness in chest; shortness of breath
    Chemicals: Silica; asbestos
f. Reproductive toxins: Chemicals which affect the reproductive 
          capabilities including chromosomal damage (mutations) and 
          effects on fetuses (teratogenesis)
    Signs & Symptoms: Birth defects; sterility
    Chemicals: Lead; DBCP
g. Cutaneous hazards: Chemicals which affect the dermal layer of the 
          body
    Signs & Symptoms: Defatting of the skin; rashes; irritation
    Chemicals: Ketones; chlorinated compounds
h. Eye hazards: Chemicals which affect the eye or visual capacity
    Signs & Symptoms: Conjunctivitis; corneal damage
    Chemicals: Organic solvents; acids

      Appendix B to Sec. 1917.28--Hazard Determination (Mandatory)

    The quality of a hazard communication program is largely dependent 
upon the adequacy and accuracy of the hazard determination. The hazard 
determination requirement of this standard is performance-oriented. 
Chemical manufacturers, importers, and employers evaluating chemicals 
are not required to follow any specific methods for determining hazards, 
but they must be able to demonstrate that they have adequately 
ascertained the hazards of the chemicals produced or imported in 
accordance with the criteria set forth in this appendix.
    Hazard evaluation is a process which relies heavily on the 
professional judgment of the evaluator, particularly in the area of 
chronic hazards. The performance-orientation of the hazard determination 
does not diminish the duty of the chemical manufacturer, importer or 
employer to conduct a thorough evaluation, examining all relevant data 
and producing a scientifically defensible evaluation. For purposes of 
this standard, the following criteria shall be used in making hazard 
determinations that meet the requirements of this standard.
    1. Carcinogenicity: As described in paragraph (d)(4) of this section 
and appendix A of this section, a determination by the National 
Toxicology Program, the International Agency for Research on Cancer, or 
OSHA that a chemical is a carcinogen or potential carcinogen will be 
considered conclusive evidence for purposes of this section. In 
addition, however, all available scientific data on carcinogenicity must 
be evaluated in accordance with the provisions of this Appendix and the 
requirements of the rule.
    2. Human data: Where available, epidemiological studies and case 
reports of adverse health effects shall be considered in the evaluation.
    3. Animal data: Human evidence of health effects in exposed 
populations is generally not available for the majority of chemicals 
produced or used in the workplace. Therefore, the available results of 
toxicological testing in animal populations shall be used to predict the 
health effects that may be experienced by exposed workers. In 
particular, the definitions of certain acute hazards refer to specific 
animal testing results (see Appendix A).
    4. Adequacy and reporting of data. The results of any studies which 
are designed and conducted according to established scientific 
principles, and which report statistically significant conclusions 
regarding the health effects of a chemical, shall be a sufficient basis 
for a hazard determination and reported on any material safety data 
sheet. In vitro studies alone generally do not form the basis for a 
definitive finding of hazard under the HCS since they have a positive or 
negative result rather than a statistically significant finding.
    The chemical manufacturer, importer, or employer may also report the 
results of other scientifically valid studies which tend to refute the 
findings of hazard.

       Appendix C to Sec. 1917.28--Information Sources (Advisory)

    The following is a list of available data sources which the chemical 
manufacturer, importer, distributor, or employer may wish to consult to 
evaluate the hazards of chemicals they produce or import:

--Any information in their own company files, such as toxicity testing 
results or illness experience of company employees.
--Any information obtained from the supplier of the chemical, such as 
material

[[Page 213]]

safety data sheets or product safety bulletins.
--Any pertinent information obtained from the following source list 
(latest editions should be used):

                      Condensed Chemical Dictionary

    Van Nostrand Reinhold Co., 135 West 50th Street, New York, NY 10020.

         The Merck Index: An Encyclopedia of Chemicals and Drugs

    Merck and Company, Inc., 126 E. Lincoln Ave., Rahway, NJ 07065.

IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals 
                                 to Man

    Geneva: World Health Organization, International Agency for Research 
on Cancer, 1972-Present. (Multivolume work). Summaries are available in 
supplement volumes. 49 Sheridan Street, Albany, NY 12210.

            Industrial Hygiene and Toxicology, by F.A. Patty

    John Wiley & Sons, Inc., New York, NY (Multivolume work).

               Clinical Toxicology of Commercial Products

    Gleason, Gosselin, and Hodge.

      Casarett and Doull's Toxicology; The Basic Science of Poisons

    Doull, Klaassen, and Amdur, Macmillan Publishing Co., Inc., New 
York, NY.

      Industrial Toxicology, by Alice Hamilton and Harriet L. Hardy

    Publishing Sciences Group, Inc., Acton, MA.

                Toxicology of the Eye, by W. Morton Grant

    Charles C. Thomas, 301-327 East Lawrence Avenue, Springfield, IL.

                Recognition of Health Hazards in Industry

    William A. Burgess, John Wiley and Sons, 605 Third Avenue, New York, 
NY 10158.

                    Chemical Hazards of the Workplace

    Nick H. Proctor and James P. Hughes, J.P. Lipincott Company, 6 
Winchester Terrace, New York, NY 10022.

                    Handbook of Chemistry and Physics

    Chemical Rubber Company, 18901 Cranwood Parkway, Cleveland, OH 
44128.

 Threshold Limit Values for Chemical Substances and Physical Agents in 
   the Work Environment and Biological Exposure Indices with Intended 
                                 Changes

    American Conference of Governmental Industrial Hygienists (ACGIH), 
6500 Glenway Avenue, Bldg. D-5, Cincinnati, OH 45211.

    Information on the physical hazards of chemicals may be found in 
publications of the National Fire Protection Association, Boston, MA.

    Note: The following documents may be purchased from the 
Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402.

                     Occupational Health Guidelines

    NIOSH/OSHA (NIOSH Pub. No. 81-123).

                 NIOSH Pocket Guide to Chemical Hazards

    NIOSH Pub. No. 90-117.

            Registry of Toxic Effects of Chemical Substances

    (Latest edition)

Miscellaneous Documents published by the National Institute for 
Occupational Safety and Health:
    Criteria documents.
    Special Hazard Reviews.
    Occupational Hazard Assessments.
    Current Intelligence Bulletins.

          OSHA's General Industry Standards (29 CFR Part 1910)

  NTP Annual Report on Carcinogens and Summary of the Annual Report on 
                              Carcinogens.

    National Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161; (703) 487-4650.

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[[Page 214]]

                                                                        
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 Inc., 3460 Hillview Avenue, Palo Alto,                                 
 CA 94304.                                                              
                                         CA Search Files                
                                         CAB Abstracts                  
                                         Chemical Exposure              
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                                         Chemsis Files                  
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                                         Embase Files                   
                                         Environmental Bibliographies   
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                                         Federal Research in Progress   
                                         IRL Life Science Collection    
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                                          (NIOSH)                       
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SDC-ORBIT, SDC Information Service,      CAS Files                      
 2500 Colorado Avenue, Santa Monica, CA                                 
 90406.                                                                 
                                         Chemdex, 2, 3                  
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National Library of Medicine...........  Hazardous Substances Data Bank 
                                          (NSDB)                        
Department of Health and Human           Medline Files                  
 Services, Public Health Service,                                       
 National Institutes of Health,                                         
 Bethesda, MD 20209.                                                    
                                         Toxline Files                  
                                         Cancerlit                      
                                         RTECS                          
                                         Chemline                       
Pergamon International Information       Laboratory Hazard Bulletin     
 Corp., 1340 Old Chain Bridge Rd.,                                      
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Questel, Inc., 1625 Eye Street, NW,      CIS/ILO                        
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Chemical Information System ICI (ICIS),  Structure and Nomenclature     
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------------------------------------------------------------------------

 Appendix D to Sec. 1917.28--Definition of ``Trade Secret'' (Mandatory)

    The following is a reprint of the Restatement of Torts section 757, 
comment b (1939):
    b. Definition of trade secret. A trade secret may consist of any 
formula, pattern, device or compilation of information which is used in 
one's business, and which gives him an opportunity to obtain an 
advantage over competitors who do not know or use it. It may be a 
formula for a chemical compound, a process of manufacturing, treating or 
preserving materials, a pattern for a machine or other device, or a list 
of customers. It differs from other secret information in a business 
(see s759 of the Restatement of Torts which is not included in this 
Appendix) in that it is not simply information as to single or ephemeral 
events in the conduct of the business, as, for example, the amount or 
other terms of a secret bid for a contract or the salary of certain 
employees, or the security investments made or contemplated, or the date 
fixed for the announcement of a new policy or for bringing out a new 
model or the like. A trade secret is a process or device for continuous 
use in the operations of the business. Generally it relates to the 
production of goods, as, for example, a machine or formula for the 
production of an article. It may, however, relate to the sale of goods 
or to other operations in the business, such as a code for determining 
discounts, rebates or other concessions in a price list or catalogue, or 
a list of specialized customers, or a method of bookkeeping or other 
office management.
    Secrecy. The subject matter of a trade secret must be secret. 
Matters of public knowledge or of general knowledge in an industry 
cannot be appropriated by one as his secret. Matters which are 
completely disclosed by the goods which one markets cannot be his 
secret. Substantially, a trade secret is known only in the particular 
business in which it is used. It is not requisite that only

[[Page 215]]

the proprietor of the business know it. He may, without losing his 
protection, communicate it to employees involved in its use. He may 
likewise communicate it to others pledged to secrecy. Others may also 
know of it independently, as, for example, when they have discovered the 
process or formula by independent invention and are keeping it secret. 
Nevertheless, a substantial element of secrecy must exist, so that, 
except by the use of improper means, there would be difficulty in 
acquiring the information. An exact definition of a trade secret is not 
possible. Some factors to be considered in determining whether given 
information is one's trade secret are: (1) The extent to which the 
information is known outside of his business; (2) the extent to which it 
is known by employees and others involved in his business; (3) the 
extent of measures taken by him to guard the secrecy of the information; 
(4) the value of the information to him and his competitors; (5) the 
amount of effort or money expended by him in developing the information; 
(6) the ease or difficulty with which the information could be properly 
acquired or duplicated by others.
    Novelty and prior art. A trade secret may be a device or process 
which is patentable; but it need not be that. It may be a device or 
process which is clearly anticipated in the prior art or one which is 
merely a mechanical improvement that a good mechanic can make. Novelty 
and invention are not requisite for a trade secret as they are for 
patentability. These requirements are essential to patentability because 
a patent protects against unlicensed use of the patented device or 
process even by one who discovers it properly through independent 
research. The patent monopoly is a reward to the inventor. But such is 
not the case with a trade secret. Its protection is not based on a 
policy of rewarding or otherwise encouraging the development of secret 
processes or devices. The protection is merely against breach of faith 
and reprehensible means of learning another's secret. For this limited 
protection it is not appropriate to require also the kind of novelty and 
invention which is a requisite of patentability. The nature of the 
secret is, however, an important factor in determining the kind of 
relief that is appropriate against one who is subject to liability under 
the rule stated in this Section. Thus, if the secret consists of a 
device or process which is a novel invention, one who acquires the 
secret wrongfully is ordinarily enjoined from further use of it and is 
required to account for the profits derived from his past use. If, on 
the other hand, the secret consists of mechanical improvements that a 
good mechanic can make without resort to the secret, the wrongdoer's 
liability may be limited to damages, and an injunction against future 
use of the improvements made with the aid of the secret may be 
inappropriate.

     Appendix E to Sec. 1917.28 (Advisory)--Guidelines for Employer 
                               Compliance

    The Hazard Communication Standard (HCS) is based on a simple 
concept--that employees have both a need and a right to know the hazards 
and identities of the chemicals they are exposed to when working. They 
also need to know what protective measures are available to prevent 
adverse effects from occurring. The HCS is designed to provide employees 
with the information they need.
    Knowledge acquired under the HCS will help employers provide safer 
workplaces for their employees. When employers have information about 
the chemicals being used, they can take steps to reduce exposures, 
substitute less hazardous materials, and establish proper work 
practices. These efforts will help prevent the occurrence of work-
related illnesses and injuries caused by chemicals.
    The HCS addresses the issues of evaluating and communicating hazards 
to workers. Evaluation of chemical hazards involves a number of 
technical concepts, and is a process that requires the professional 
judgment of experienced experts. That's why the HCS is designed so that 
employers who simply use chemicals, rather than produce or import them, 
are not required to evaluate the hazards of those chemicals. Hazard 
determination is the responsibility of the producers and importers of 
the materials. Producers and importers of chemicals are then required to 
provide the hazard information to employers that purchase their 
products.
    Employers that don't produce or import chemicals need only focus on 
those parts of the rule that deal with establishing a workplace program 
and communicating information to their workers. This appendix is a 
general guide for such employers to help them determine what's required 
under the rule. It does not supplant or substitute for the regulatory 
provisions, but rather provides a simplified outline of the steps an 
average employer would follow to meet those requirements.

                   1. Becoming Familiar With The Rule.

    OSHA has provided a simple summary of the HCS in a pamphlet entitled 
``Chemical Hazard Communication,'' OSHA Publication Number 3084. Some 
employers prefer to begin to become familiar with the rule's 
requirements by reading this pamphlet. A copy may be obtained from your 
local OSHA Area Office, or by contacting the OSHA Publications Office at 
(202) 523-9667.
    The standard is long, and some parts of it are technical, but the 
basic concepts are simple. In fact, the requirements reflect what many 
employers have been doing for years. You may find that you are already 
largely in compliance with many of the provisions, and will simply have 
to modify your

[[Page 216]]

existing programs somewhat. If you are operating in an OSHA-approved 
State Plan State, you must comply with the State's requirements, which 
may be different than those of the Federal rule. Many of the State Plan 
States had hazard communication or ``right-to-know'' laws prior to 
promulgation of the Federal rule. Employers in State Plan States should 
contact their State OSHA offices for more information regarding 
applicable requirements.
    The HCS requires information to be prepared and transmitted 
regarding all hazardous chemicals. The HCS covers both physical hazards 
(such as flammability), and health hazards (such as irritation, lung 
damage, and cancer). Most chemicals used in the workplace have some 
hazard potential, and thus will be covered by the rule.
    One difference between this rule and many others adopted by OSHA is 
that this one is performance-oriented. That means that you have the 
flexibility to adapt the rule to the needs of your workplace, rather 
than having to follow specific, rigid requirements. It also means that 
you have to exercise more judgment to implement an appropriate and 
effective program.
    The standard's design is simple. Chemical manufacturers and 
importers must evaluate the hazards of the chemicals they produce or 
import. Using that information, they must then prepare labels for 
containers, and more detailed technical bulletins called material safety 
data sheets (MSDS).
    Chemical manufacturers, importers, and distributors of hazardous 
chemicals are all required to provide the appropriate labels and 
material safety data sheets to the employers to which they ship the 
chemicals. The information is to be provided automatically. Every 
container of hazardous chemicals you receive must be labeled, tagged, or 
marked with the required information. Your suppliers must also send you 
a properly completed material safety data sheet (MSDS) at the time of 
the first shipment of the chemical, and with the next shipment after the 
MSDS is updated with new and significant information about the hazards.
    You can rely on the information received from your suppliers. You 
have no independent duty to analyze the chemical or evaluate the hazards 
of it.
    Employers that ``use'' hazardous chemicals must have a program to 
ensure the information is provided to exposed employees. ``Use'' means 
to package, handle, react, or transfer. This is an intentionally broad 
scope, and includes any situation where a chemical is present in such a 
way that employees may be exposed under normal conditions of use or in a 
foreseeable emergency.
    The requirements of the rule that deal specifically with the hazard 
communication program are found in this section in paragraphs (e), 
written hazard communication program; (f), labels and other forms of 
warning; (g), material safety data sheets; and (h), employee information 
and training. The requirements of these paragraphs should be the focus 
of your attention. Concentrate on becoming familiar with them, using 
paragraphs (b), scope and application, and (c), definitions, as 
references when needed to help explain the provisions.
    There are two types of work operations where the coverage of the 
rule is limited. These are laboratories and operations where chemicals 
are only handled in sealed containers (e.g., a warehouse). The limited 
provisions for these workplaces can be found in paragraph (b) of this 
section, scope and application. Basically, employers having these types 
of work operations need only keep labels on containers as they are 
received; maintain material safety data sheets that are received, and 
give employees access to them; and provide information and training for 
employees. Employers do not have to have written hazard communication 
programs and lists of chemicals for these types of operations.
    The limited coverage of laboratories and sealed container operations 
addresses the obligation of an employer to the workers in the operations 
involved, and does not affect the employer's duties as a distributor of 
chemicals. For example, a distributor may have warehouse operations 
where employees would be protected under the limited sealed container 
provisions. In this situation, requirements for obtaining and 
maintaining MSDSs are limited to providing access to those received with 
containers while the substance is in the workplace, and requesting MSDSs 
when employees request access for those not received with the 
containers. However, as a distributor of hazardous chemicals, that 
employer will still have responsibilities for providing MSDSs to 
downstream customers at the time of the first shipment and when the MSDS 
is updated. Therefore, although they may not be required for the 
employees in the work operation, the distributor may, nevertheless, have 
to have MSDSs to satisfy other requirements of the rule.

                      2. Identify Responsible Staff

    Hazard communication is going to be a continuing program in your 
facility. Compliance with the HCS is not a ``one shot deal.'' In order 
to have a successful program, it will be necessary to assign 
responsibility for both the initial and ongoing activities that have to 
be undertaken to comply with the rule. In some cases, these activities 
may already be part of current job assignments. For example, site 
supervisors are frequently responsible for on-the-job training sessions. 
Early identification of the responsible employees, and involvement of 
them in the development of your plan of action, will result in a more

[[Page 217]]

effective program design. Evaluation of the effectiveness of your 
program will also be enhanced by involvement of affected employees.
    For any safety and health program, success depends on commitment at 
every level of the organization. This is particularly true for hazard 
communication, where success requires a change in behavior. This will 
only occur if employers understand the program, and are committed to its 
success, and if employees are motivated by the people presenting the 
information to them.

            3. Identify Hazardous Chemicals in the Workplace.

    The standard requires a list of hazardous chemicals in the workplace 
as part of the written hazard communication program. The list will 
eventually serve as an inventory of everything for which an MSDS must be 
maintained. At this point, however, preparing the list will help you 
complete the rest of the program since it will give you some idea of the 
scope of the program required for compliance in your facility.
    The best way to prepare a comprehensive list is to survey the 
workplace. Purchasing records may also help, and certainly employers 
should establish procedures to ensure that in the future purchasing 
procedures result in MSDSs being received before a material is used in 
the workplace.
    The broadest possible perspective should be taken when doing the 
survey. Sometimes people think of ``chemicals'' as being only liquids in 
containers. The HCS covers chemicals in all physical forms--liquids, 
solids, gases, vapors, fumes, and mists--whether they are ``contained'' 
or not. The hazardous nature of the chemical and the potential for 
exposure are the factors which determine whether a chemical is covered. 
If it's not hazardous, it's not covered. If there is no potential for 
exposure (e.g., the chemical is inextricably bound and cannot be 
released), the rule does not cover the chemical.
    Look around. Identify chemicals in containers, including pipes, but 
also think about chemicals generated in the work operations. For 
example, welding fumes, dusts, and exhaust fumes are all sources of 
chemical exposures. Read labels provided by suppliers for hazard 
information. Make a list of all chemicals in the workplace that are 
potentially hazardous. For your own information and planning, you may 
also want to note on the list the location(s) of the products within the 
workplace, and an indication of the hazards as found on the label. This 
will help you as you prepare the rest of your program.
    Paragraph (b) of this section, scope and application, includes 
exemptions for various chemicals or workplace situations. After 
compiling the complete list of chemicals, you should review paragraph 
(b) of this section to determine if any of the items can be eliminated 
from the list because they are exempted materials. For example, food, 
drugs, and cosmetics brought into the workplace for employee consumption 
are exempt. So rubbing alcohol in the first aid kit would not be 
covered.
    Once you have compiled as complete a list as possible of the 
potentially hazardous chemicals in the workplace, the next step is to 
determine if you have received material safety data sheets for all of 
them. Check your files against the inventory you have just compiled. If 
any are missing, contact your supplier and request one. It is a good 
idea to document these requests, either by copy of a letter or a note 
regarding telephone conversations. If you have MSDSs for chemicals that 
are not on your list, figure out why. Maybe you don't use the chemical 
anymore. Or maybe you missed it in your survey. Some suppliers do 
provide MSDSs for products that are not hazardous. These do not have to 
be maintained by you.
    You should not allow employees to use any chemicals for which you 
have not received an MSDS. The MSDS provides information you need to 
ensure proper protective measures are implemented prior to exposure.

      4. Preparing and Implementing a Hazard Communication Program

    All workplaces where employees are exposed to hazardous chemicals 
must have a written plan which describes how the standard will be 
implemented in that facility. Preparation of a plan is not just a paper 
exercise--all of the elements must be implemented in the workplace in 
order to be in compliance with the rule. See paragraph (e) of this 
section for the specific requirements regarding written hazard 
communication programs. The only work operations which do not have to 
comply with the written plan requirements are laboratories and work 
operations where employees only handle chemicals in sealed containers. 
See paragraph (b) of this section, scope and application, for the 
specific requirements for these two types of workplaces.
    The plan does not have to be lengthy or complicated. It is intended 
to be a blueprint for implementation of your program--an assurance that 
all aspects of the requirements have been addressed.
    Many trade associations and other professional groups have provided 
sample programs and other assistance materials to affected employers. 
These have been very helpful to many employers since they tend to be 
tailored to the particular industry involved. You may wish to 
investigate whether your industry trade groups have developed such 
materials.
    Although such general guidance may be helpful, you must remember 
that the written program has to reflect what you are doing in

[[Page 218]]

your workplace. Therefore, if you use a generic program it must be 
adapted to address the facility it covers. For example, the written plan 
must list the chemicals present at the site, indicate who is to be 
responsible for the various aspects of the program in your facility, and 
indicate where written materials will be made available to employees.
    If OSHA inspects your workplace for compliance with the HCS, the 
OSHA compliance officer will ask to see your written plan at the outset 
of the inspection. In general, the following items will be considered in 
evaluating your program.
    The written program must describe how the requirements for labels 
and other forms of warning, material safety data sheets, and employee 
information and training, are going to be met in your facility. The 
following discussion provides the type of information compliance 
officers will be looking for to decide whether these elements of the 
hazard communication program have been properly addressed:

                  A. Labels and Other Forms of Warning

    In-plant containers of hazardous chemicals must be labeled, tagged, 
or marked with the identity of the material and appropriate hazard 
warnings. Chemical manufacturers, importers, and distributors are 
required to ensure that every container of hazardous chemicals they ship 
is appropriately labeled with such information and with the name and 
address of the producer or other responsible party. Employers purchasing 
chemicals can rely on the labels provided by their suppliers. If the 
material is subsequently transferred by the employer from a labeled 
container to another container, the employer will have to label that 
container unless it is subject to the portable container exemption. See 
paragraph (f) of this section for specific labeling requirements.
    The primary information to be obtained from an OSHA-required label 
is an identity for the material, and appropriate hazard warnings. The 
identity is any term which appears on the label, the MSDS, and the list 
of chemicals, and thus links these three sources of information. The 
identity used by the supplier may be a common or trade name (``Black 
Magic Formula''), or a chemical name (1,1,1,-trichloroethane). The 
hazard warning is a brief statement of the hazardous effects of the 
chemical (``flammable,'' ``causes lung damage''). Labels frequently 
contain other information, such as precautionary measures (``do not use 
near open flame''), but this information is provided voluntarily and is 
not required by the rule. Labels must be legible, and prominently 
displayed. There are no specific requirements for size or color, or any 
specified text.
    With these requirements in mind, the compliance officer will be 
looking for the following types of information to ensure that labeling 
will be properly implemented in your facility:
    1. Designation of person(s) responsible for ensuring labeling of in-
plant containers;
    2. Designation of person(s) responsible for ensuring labeling of any 
shipped containers;
    3. Description of labeling system(s) used;
    4. Description of written alternatives to labeling of in-plant 
containers (if used); and,
    5. Procedures to review and update label information when necessary.
    Employers that are purchasing and using hazardous chemicals--rather 
than producing or distributing them--will primarily be concerned with 
ensuring that every purchased container is labeled. If materials are 
transferred into other containers, the employer must ensure that these 
are labeled as well, unless they fall under the portable container 
exemption (paragraph (f)(7) of this section). In terms of labeling 
systems, you can simply choose to use the labels provided by your 
suppliers on the containers. These will generally be verbal text labels, 
and do not usually include numerical rating systems or symbols that 
require special training. The most important thing to remember is that 
this is a continuing duty--all in-plant containers of hazardous 
chemicals must always be labeled. Therefore, it is important to 
designate someone to be responsible for ensuring that the labels are 
maintained as required on the containers in your facility, and that 
newly purchased materials are checked for labels prior to use.

                     B. Material Safety Data Sheets

    Chemical manufacturers and importers are required to obtain or 
develop a material safety data sheet for each hazardous chemical they 
produce or import. Distributors are responsible for ensuring that their 
customers are provided a copy of these MSDSs. Employers must have an 
MSDS for each hazardous chemical which they use. Employers may rely on 
the information received from their suppliers. The specific requirements 
for material safety data sheets are in paragraph (g) of this section.
    There is no specified format for the MSDS under the rule, although 
there are specific information requirements. OSHA has developed a non-
mandatory format, OSHA Form 174, which may be used by chemical 
manufacturers and importers to comply with the rule. The MSDS must be in 
English. You are entitled to receive from your supplier a data sheet 
which includes all of the information required under the rule. If you do 
not receive one automatically, you should request one. If you receive 
one that is obviously inadequate, with, for example, blank spaces that 
are not completed, you should request an appropriately completed one. If 
your request for a data sheet or for a corrected data sheet does not 
produce the information needed,

[[Page 219]]

you should contact your local OSHA Area Office for assistance in 
obtaining the MSDS.
    The role of MSDSs under the rule is to provide detailed information 
on each hazardous chemical, including its potential hazardous effects, 
its physical and chemical characteristics, and recommendations for 
appropriate protective measures. This information should be useful to 
you as the employer responsible for designing protective programs, as 
well as to the workers. If you are not familiar with material safety 
data sheets and with chemical terminology, you may need to learn to use 
them yourself. A glossary of MSDS terms may be helpful in this regard. 
Generally speaking, most employers using hazardous chemicals will 
primarily be concerned with MSDS information regarding hazardous effects 
and recommended protective measures. Focus on the sections of the MSDS 
that are applicable to your situation.
    MSDSs must be readily accessible to employees when they are in their 
work areas during their workshifts. This may be accomplished in many 
different ways. You must decide what is appropriate for your particular 
workplace. Some employers keep the MSDSs in a binder in a central 
location (e.g., in the pick-up truck on a construction site). Others, 
particularly in workplaces with large numbers of chemicals, computerize 
the information and provide access through terminals. As long as 
employees can get the information when they need it, any approach may be 
used. The employees must have access to the MSDSs themselves--simply 
having a system where the information can be read to them over the phone 
is only permitted under the mobile worksite provision, paragraph (g)(9) 
of this section, when employees must travel between workplaces during 
the shift. In this situation, they have access to the MSDSs prior to 
leaving the primary worksite, and when they return, so the telephone 
system is simply an emergency arrangement.
    In order to ensure that you have a current MSDS for each chemical in 
the plant as required, and that employee access is provided, the 
compliance officers will be looking for the following types of 
information in your written program:
    1. Designation of person(s) responsible for obtaining and 
maintaining the MSDSs;
    2. How such sheets are to be maintained in the workplace (e.g., in 
notebooks in the work area(s) or in a computer with terminal access), 
and how employees can obtain access to them when they are in their work 
area during the work shift;
    3. Procedures to follow when the MSDS is not received at the time of 
the first shipment;
    4. For producers, procedures to update the MSDS when new and 
significant health information is found; and,
    5. Description of alternatives to actual data sheets in the 
workplace, if used.
    For employers using hazardous chemicals, the most important aspect 
of the written program in terms of MSDSs is to ensure that someone is 
responsible for obtaining and maintaining the MSDSs for every hazardous 
chemical in the workplace. The list of hazardous chemicals required to 
be maintained as part of the written program will serve as an inventory. 
As new chemicals are purchased, the list should be updated. Many 
companies have found it convenient to include on their purchase orders 
the name and address of the person designated in their company to 
receive MSDSs.

                  C. Employee Information and Training

    Each employee who may be ``exposed'' to hazardous chemicals when 
working must be provided information and trained prior to initial 
assignment to work with a hazardous chemical, and whenever the hazard 
changes. ``Exposure'' or ``exposed'' under the rule means that ``an 
employee is subjected to a hazardous chemical in the course of 
employment through any route of entry (inhalation, ingestion, skin 
contact or absorption, etc.) and includes potential (e.g., accidental or 
possible) exposure.'' See paragraph (h) of this section for specific 
requirements. Information and training may be done either by individual 
chemical, or by categories of hazards (such as flammability or 
carcinogenicity). If there are only a few chemicals in the workplace, 
then you may want to discuss each one individually. Where there are 
large numbers of chemicals, or the chemicals change frequently, you will 
probably want to train generally based on the hazard categories (e.g., 
flammable liquids, corrosive materials, carcinogens). Employees will 
have access to the substance-specific information on the labels and 
MSDSs.
    Information and training is a critical part of the hazard 
communication program. Information regarding hazards and protective 
measures are provided to workers through written labels and material 
safety data sheets. However, through effective information and training, 
workers will learn to read and understand such information, determine 
how it can be obtained and used in their own workplaces, and understand 
the risks of exposure to the chemicals in their workplaces as well as 
the ways to protect themselves. A properly conducted training program 
will ensure comprehension and understanding. It is not sufficient to 
either just read material to the workers, or simply hand them material 
to read. You want to create a climate where workers feel free to ask 
questions. This will help you to ensure that the information is 
understood. You must always remember that the underlying purpose of the 
HCS is to reduce the incidence of chemical source illnesses and 
injuries. This will be accomplished by modifying behavior through the

[[Page 220]]

provision of hazard information and information about protective 
measures. If your program works, you and your workers will better 
understand the chemical hazards within the workplace. The procedures you 
establish regarding, for example, purchasing, storage, and handling of 
these chemicals will improve, and thereby reduce the risks posed to 
employees exposed to the chemical hazards involved. Furthermore, your 
workers' comprehension will also be increased, and proper work practices 
will be followed in your workplace.
    If you are going to do the training yourself, you will have to 
understand the material and be prepared to motivate the workers to 
learn. This is not always an easy task, but the benefits are worth the 
effort. More information regarding appropriate training can be found in 
OSHA Publication No. 2254 which contains voluntary training guidelines 
prepared by OSHA's Training Institute. A copy of this document is 
available from OSHA's Publications Office at (202) 219-4667.
    In reviewing your written program with regard to information and 
training, the following items need to be considered:
    1. Designation of person(s) responsible for conducting training;
    2. Format of the program to be used (audiovisuals, classroom 
instruction, etc.);
    3. Elements of the training program (should be consistent with the 
elements in paragraph (h) of this section); and,
    4. Procedure to train new employees at the time of their initial 
assignment to work with a hazardous chemical, and to train employees 
when a new hazard is introduced into the workplace.
    The written program should provide enough details about the 
employer's plans in this area to assess whether or not a good faith 
effort is being made to train employees. OSHA does not expect that every 
worker will be able to recite all of the information about each chemical 
in the workplace. In general, the most important aspects of training 
under the HCS are to ensure that employees are aware that they are 
exposed to hazardous chemicals, that they know how to read and use 
labels and material safety data sheets, and that, as a consequence of 
learning this information, they are following the appropriate protective 
measures established by the employer. OSHA compliance officers will be 
talking to employees to determine if they have received training, if 
they know they are exposed to hazardous chemicals, and if they know 
where to obtain substance-specific information on labels and MSDSs.
    The rule does not require employers to maintain records of employee 
training, but many employers choose to do so. This may help you monitor 
your own program to ensure that all employees are appropriately trained. 
If you already have a training program, you may simply have to 
supplement it with whatever additional information is required under the 
HCS. For example, construction employers that are already in compliance 
with the construction training standard (29 CFR 1926.21) will have 
little extra training to do.
    An employer can provide employees information and training through 
whatever means are found appropriate and protective. Although there 
would always have to be some training on-site (such as informing 
employees of the location and availability of the written program and 
MSDSs), employee training may be satisfied in part by general training 
about the requirements of the HCS and about chemical hazards on the job 
which is provided by, for example, trade associations, unions, colleges, 
and professional schools. In addition, previous training, education and 
experience of a worker may relieve the employer of some of the burdens 
of informing and training that worker. Regardless of the method relied 
upon, however, the employer is always ultimately responsible for 
ensuring that employees are adequately trained. If the compliance 
officer finds that the training is deficient, the employer will be cited 
for the deficiency regardless of who actually provided the training on 
behalf of the employer.

                          D. Other Requirements

    In addition to these specific items, compliance officers will also 
be asking the following questions in assessing the adequacy of the 
program:
    Does a list of the hazardous chemicals exist in each work area or at 
a central location?
    Are methods the employer will use to inform employees of the hazards 
of non-routine tasks outlined?
    Are employees informed of the hazards associated with chemicals 
contained in unlabeled pipes in their work areas?
    On multi-employer worksites, has the employer provided other 
employers with information about labeling systems and precautionary 
measures where the other employers have employees exposed to the initial 
employer's chemicals?
    Is the written program made available to employees and their 
designated representatives?
    If your program adequately addresses the means of communicating 
information to employees in your workplace, and provides answers to the 
basic questions outlined above, it will be found to be in compliance 
with the rule.

                       5. Checklist for Compliance

    The following checklist will help to ensure you are in compliance 
with the rule:
Obtained a copy of the rule. ________

[[Page 221]]

Read and understood the requirements. ________
Assigned responsibility for tasks. ________
Prepared an inventory of chemicals. ________
Ensured containers are labeled. ________
Obtained MSDS for each chemical. ________
Prepared written program. ________
Made MSDSs available to workers. ________
Conducted training of workers. ________
Established procedures to maintain current program. ________
Established procedures to evaluate effectiveness. ________

                          6. Further Assistance

    If you have a question regarding compliance with the HCS, you should 
contact your local OSHA Area Office for assistance. In addition, each 
OSHA Regional Office has a Hazard Communication Coordinator who can 
answer your questions. Free consultation services are also available to 
assist employers, and information regarding these services can be 
obtained through the Area and Regional offices as well.
    The telephone number for the OSHA office closest to you should be 
listed in your local telephone directory. If you are not able to obtain 
this information, you may contact OSHA's Office of Information and 
Consumer Affairs at (202) 219-8151 for further assistance in identifying 
the appropriate contacts.

(Section 1917.28 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0072.)

[59 FR 6170, Feb. 9, 1994, as amended at 59 FR 17478, Apr. 13, 1994; 59 
FR 65948, Dec. 22, 1994; 61 FR 5509, Feb. 13, 1996]



Sec. 1917.29  Retention of DOT markings, placards and labels.

    (a) Any employer who receives a package of hazardous material which 
is required to be marked, labeled or placarded in accordance with the U. 
S. Department of Transportation's Hazardous Materials Regulations (49 
CFR Parts 171 through 180) shall retain those markings, labels and 
placards on the package until the packaging is sufficiently cleaned of 
residue and purged of vapors to remove any potential hazards.
    (b) Any employer who receives a freight container, rail freight car, 
motor vehicle, or transport vehicle that is required to be marked or 
placarded in accordance with the Hazardous Materials Regulations shall 
retain those markings and placards on the freight container, rail 
freight car, motor vehicle or transport vehicle until the hazardous 
materials which require the marking or placarding are sufficiently 
removed to prevent any potential hazards.
    (c) Markings, placards and labels shall be maintained in a manner 
that ensures that they are readily visible.
    (d) For non-bulk packages which will not be reshipped, the 
provisions of this section are met if a label or other acceptable 
marking is affixed in accordance with the Hazard Communication Standard 
(29 CFR 1910.1200).
    (e) For the purposes of this section, the term ``hazardous 
material'' and any other terms not defined in this section have the same 
definition as in the Hazardous Materials Regulations (49 CFR Parts 171 
through 180).

[59 FR 36700, July 19, 1994]



              Subpart C--Cargo Handling Gear and Equipment



Sec. 1917.41  House falls.

    (a) Span beams shall be secured to prevent accidental dislodgement.
    (b) A safe means of access shall be provided for employees working 
with house fall blocks.
    (c) Designated employees shall inspect chains, links, shackles, 
swivels, blocks and other loose gear used in house fall operations 
before each day's use. Defective gear shall not be used.



Sec. 1917.42  Miscellaneous auxiliary gear.

    (a) Routine inspection. (1) At the completion of each use, loose 
gear such as slings, chains, bridles, blocks and hooks shall be so 
placed as to avoid damage to the gear. Loose gear shall be inspected and 
any defects corrected before reuse.
    (2) All loose gear shall be inspected by the employer or his 
authorized representative before each use and, when necessary, at 
intervals during its use, to ensure that it is safe. Any gear which is 
found upon such inspection to be visibly unsafe shall not be used until 
it is made safe.
    (3) Defective gear shall not be used. Distorted hooks, shackles or 
similar gear shall be discarded.

[[Page 222]]

    (b) Wire rope and wire rope slings. (1) The employer shall ascertain 
and adhere to the manufacturer's recommended ratings for wire rope and 
wire rope slings and shall have such ratings available for inspection. 
When the manufacturer is unable to supply such ratings, the employer 
shall use the tables for wire rope and wire rope slings found in 
American National Safety Standard for Slings, ANSI B30.9-1971. A design 
safety factor of at least five shall be maintained for the common sizes 
of running wire used as falls, in purchases or in such uses as light 
load slings. Wire rope with a safety factor of less than five may be 
used only:
    (i) In specialized equipment, such as but not limited to cranes, 
designed to be used with lesser wire rope safety factors;
    (ii) In accordance with design factors in standing rigging 
applications; or
    (iii) For heavy lifts or other purposes for which a safety factor of 
five is impracticable and for which the employer can demonstrate that 
equivalent safety is ensured.
    (2) Wire rope or wire rope slings having any of the following 
conditions shall not be used:
    (i) Ten randomly distributed broken wires in one rope lay or three 
or more broken wires in one strand in one rope lay;
    (ii) Kinking, crushing, bird caging or other damage resulting in 
distortion of the wire rope structure;
    (iii) Evidence of heat damage;
    (iv) Excessive wear or corrosion, deformation or other defect in the 
wire or attachments, including cracks in attachments;
    (v) Any indication of strand or wire slippage in end attachments; or
    (vi) More than one broken wire in the close vicinity of a socket or 
swaged fitting.
    (3) Protruding ends of strands in splices on slings and bridles 
shall be covered or blunted. Coverings shall be removable so that 
splices can be examined. Means used to cover or blunt ends shall not 
damage the wire.
    (4) Where wire rope clips are used to form eyes, the employer shall 
adhere to the manufacturer's recommendations, which shall be available 
at the terminal. If ``U'' bolt clips are used and the manufacturer's 
recommendations are not available, Table C-1 shall be used to determine 
the number and spacing of clips. ``U'' bolts shall be applied with the 
``U'' section in contact with the dead end of the rope.

         Table C-1--Number and Spacing of U-Bolt Wire Rope Clips        
------------------------------------------------------------------------
   Improved plow steel, rope       Minimum number of     Minimum spacing
           diameter                      clips         -----------------
-------------------------------------------------------                 
                                   Drop        Other       inches/(cm)  
          inches/(cm)             forged     material                   
------------------------------------------------------------------------
\1/2\ or less(1.3)                   3           4      3(7.6)          
\5/8\(1.6)                           3           4      3\3/4\(9.5)     
\3/4\(1.9)                           4           5      4\1/2\(11.4)    
\7/8\(2.2)                           4           5      5\1/4\(13.3)    
1(2.5)                               5           7      6(15.2)         
1\1/8\(2.7)                          6           7      6\3/4\(17.1)    
1\1/4\(3.2)                          6           8      7\1/2\(18.1)    
1\3/8\(3.5)                          7           8      8\1/4\(21.0)    
1\1/2\(3.8)                          7           9      9(22.9)         
------------------------------------------------------------------------

    (5) Wire rope shall not be secured by knots.
    (6) Eyes in wire rope bridles, slings, bull wires, or in single 
parts used for hoisting shall not be formed by wire rope clips or knots.
    (7) Eye splices in wire ropes shall have at least three tucks with a 
whole strand of the rope and two tucks with one-half of the wire cut 
from each strand. Other forms of splices or connections which are shown 
to be equivalently safe may be used.
    (8) Except for eye splices in the ends of wires and for endless rope 
slings, each wire rope used in hoisting or lowering, or in bulling 
cargo, shall consist

[[Page 223]]

of one continuous piece without knot or splice.
    (c) Natural fiber rope. (1) The employer shall ascertain the 
manufacturer's ratings for the specific natural fiber rope used and have 
such ratings available at the terminal. The manufacturer's ratings shall 
be adhered to and a minimum design safety factor of five maintained.
    (2) Eye splices shall consist of at least three full tucks. Short 
splices shall consist of at least six full tucks, three on each side of 
the center line.
    (d) Synthetic rope. (1) The employer shall adhere to the 
manufacturer's ratings and use recommendations for the specific 
synthetic fiber rope used and shall have such ratings available at the 
terminal.
    (2) Unless otherwise recommended by the manufacturer, when synthetic 
fiber ropes are substituted for manila ropes of less than three inches 
(7.62 cm) in circumference, the substitute shall be of equal size. Where 
substituted for manila rope of three inches or more in circumference, 
the size of the synthetic rope shall be determined from the formula:

C=0.6Cs2+0.4Cm2

where C = the required circumference of the synthetic rope in 
inches, Cs = the circumference to the nearest one-quarter 
inch of a synthetic rope having a breaking strength not less than that 
of the size manila rope that would be required by paragraph (c) of this 
section, and Cm = the circumference of manila rope in inches 
which would be required by paragraph (c) of this section. In making such 
substitution, it shall be ascertained that the inherent characteristics 
of the synthetic fiber are suitable for hoisting.
    (e) Removal of natural and synthetic rope from service. Natural and 
synthetic rope having any of the following defects shall be removed from 
service:
    (1) Abnormal wear;
    (2) Powdered fiber between strands;
    (3) Sufficient cut or broken fibers to affect the capability of the 
rope;
    (4) Variations in the size or roundness of strands;
    (5) Discolorations other than stains not associated with rope 
damage;
    (6) Rotting; or
    (7) Distortion or other damage to attached hardware.
    (f) Thimbles. Properly fitting thimbles shall be used where any rope 
is secured permanently to a ring, shackle or attachment, where 
practicable.
    (g) Synthetic web slings. (1) Slings and nets or other combinations 
of more than one piece of synthetic webbing assembled and used as a 
single unit (synthetic web slings) shall not be used to hoist loads in 
excess of the sling's rated capacity.
    (2) Synthetic web slings shall be removed from service if they 
exhibit any of the following defects:
    (i) Acid or caustic burns;
    (ii) Melting or charring of any part of the sling surface;
    (iii) Snags, punctures, tears or cuts;
    (iv) Broken or worn stitches; or
    (v) Distortion or damage to fittings.
    (3) Defective synthetic web slings removed from service shall not be 
returned to service unless repaired by a sling manufacturer or similar 
entity. Each repaired sling shall be proof tested by the repairer to 
twice the slings' rated capacity prior to its return to service. The 
employer shall retain a certificate of the proof test and make it 
available for examination.
    (4) Synthetic web slings provided by the employer shall only be used 
in accordance with the manufacturer's use recommendations, which shall 
be available.
    (5) Fittings shall have a breaking strength at least equal to that 
of the sling to which they are attached and shall be free of sharp 
edges.
    (h) Chains and chain slings used for hoisting. (1) The employer 
shall adhere to the manufacturer's recommended ratings for safe working 
loads for the sizes of wrought iron and alloy steel chains and chain 
slings used and shall have such ratings available. When the manufacturer 
is unable to provide such ratings, the employer shall use the tables for 
chains and chain slings found in American National Safety Standard for 
Slings, ANSI B30.9-1971.
    (2) Proof coil steel chain, also known as common or hardware chain, 
and other chain not recommended by the manufacturer for slinging or 
hoisting shall not be used for slinging or hoisting.

[[Page 224]]

    (3)(i) Sling chains, including end fastenings, shall be inspected 
for visible defects before each day's use and as often as necessary 
during use to ensure integrity of the sling.
    (ii) Thorough inspections of chains in use shall be made quarterly 
to detect wear, defective welds, deformation or increase in length or 
stretch. The month of inspection shall be indicated on each chain by 
color of paint on a link or by other equally effective means.
    (iii) Chains shall be removed from service when maximum allowable 
wear, as indicated in Table C-2, is reached at any point of link.
    (iv) Chain slings shall be removed from service when stretch has 
increased the length of a measured section by more than five percent; 
when a link is bent, twisted or otherwise damaged; or when a link has a 
raised scarf or defective weld.
    (v) Only designated persons shall inspect chains used for slinging 
and hoisting.

         Table C-2--Maximum Allowable Wear at Any Point of Link         
------------------------------------------------------------------------
             Chain size                     Maximum allowable wear      
------------------------------------------------------------------------
      Inches              (cm)             Inches             (cm)      
------------------------------------------------------------------------
\1/4\(\9/32\)....          (0.6)             \3/64\             (0.1)   
\3/8\............          (1.0)             \5/64\             (0.2)   
\1/2\............          (1.3)             \7/64\             (0.3)   
\5/8\............          (1.6)             \9/64\             (0.4)   
\3/4\............          (1.9)             \5/32\             (0.4)   
\7/8\............          (2.2)            \11/64\             (0.4)   
1................          (2.5)             \3/16\             (0.5)   
1\1/8\...........          (2.9)             \7/32\             (0.6)   
1\1/4\...........          (3.2)              \1/4\             (0.6)   
1\3/8\...........          (3.5)             \9/32\             (0.7)   
1\1/2\...........          (3.8)             \5/16\             (0.8)   
1\3/4\...........          (4.4)            \11/32\             (0.9)   
------------------------------------------------------------------------

    (4) Chains shall only be repaired under qualified supervision. Links 
or portions of chain defective under any of the criteria of paragraph 
(h)(3)(v) of this section shall be replaced with properly dimensioned 
links or connections of material similar to that of the original chain. 
Before repaired chains are returned to service, they shall be tested to 
the proof test load recommended by the manufacturer for the original 
chain. Tests shall be performed by the manufacturer or shall be 
certified by an agency accredited for the purpose under part 1919 of 
this chapter. Test certificates shall be available at the terminal.
    (5) Wrought iron chains in constant use shall be annealed or 
normalized at intervals not exceeding six months. Heat treatment 
certificates shall be available at the terminal. Alloy chains shall not 
be annealed.
    (6) Kinked or knotted chains shall not be used for lifting. Chains 
shall not be shortened by bolting, wiring or knotting. Makeshift links 
or fasteners such as wire, bolts or rods shall not be used.
    (7) Hooks, rings, links and attachments affixed to sling chains 
shall have rated capacities at least equal to that of the chains to 
which they are attached.
    (8) Chain slings shall bear identification of size, grade and rated 
capacity.
    (i) Shackles. (1) If available, the manufacturer's recommended safe 
working loads for shackles shall not be exceeded. In the absence of 
manufacturer's recommendations, Table C-3 shall apply.
    (2) Screw pin shackles used aloft in house fall or other gear, 
except in cargo hook assemblies, shall have their pins moused or 
otherwise effectively secured.

               Table C-3--Safe Working Loads for Shackles               
------------------------------------------------------------------------
        Material size                 Pin diameter          Safe working
---------------------------------------------------------- load in 2,000
    Inches          (cm)          Inches         (cm)         lb tons   
------------------------------------------------------------------------
\1/2\........       (1.3)          \5/8\         (1.6)            1.4   
\5/8\........       (1.6)          \3/4\         (1.9)            2.2   
\3/4\........       (1.9)          \7/8\         (2.2)            3.2   
\7/8\........       (2.2)              1         (2.5)            4.3   
1............       (2.5)         1\1/8\         (2.9)            5.6   
1\1/8\.......       (2.9)         1\1/4\         (3.2)            6.7   
1\1/4\.......       (3.2)         1\3/8\         (3.5)            8.2   
1\3/8\.......       (3.5)         1\1/2\         (3.8)           10.0   
1\1/2\.......       (3.8)         1\5/8\         (4.1)           11.9   
1\3/4\.......       (4.4)              2         (5.0)           16.2   
2............       (5.0)         2\1/4\         (5.7)           21.2   
------------------------------------------------------------------------

    (j) Hooks other than hand hooks. (1) The manufacturer's recommended 
safe working loads for hooks shall not be exceeded. After October 3, 
1983, hooks other than hand hooks shall be tested in accordance with 
Sec. 1917.51(c)(6).
    (2) Bent or sprung hooks shall be discarded.
    (3) Teeth of case hooks shall be maintained in safe condition.

[[Page 225]]

    (4) Jaws of patent clamp-type plate hooks shall be maintained in 
condition to grip plates securely.
    (5) Loads shall be applied to the throat of the hook only.
    (k) Pallets. (1) Pallets shall be made and maintained to safely 
support and carry loads being handled. Fastenings of reusable pallets 
used for hoisting shall be bolts and nuts, drive screws (helically 
threaded nails), annular threaded nails or fastenings of equivalent 
holding strength.
    (2) Damaged pallets shall be stored in designated areas and 
identified.
    (3) Reusable wing or lip-type pallets shall be hoisted by bar 
bridles or other suitable gear and shall have an overhanging wing or lip 
of at least three inches (76.2 mm). They shall not be hoisted by wire 
slings alone.
    (4) Loaded pallets that do not meet the requirements of this 
paragraph shall be hoisted only after being placed on pallets meeting 
such requirements or shall be handled by other means providing 
equivalent safety.
    (5) Bridles for handling flush end or box-type pallets shall be 
designed to prevent disengagement from the pallet under load.
    (6) Pallets shall be stacked or placed to prevent falling, 
collapsing or otherwise causing a hazard under standard operating 
conditions.
    (7) Disposable pallets intended only for one use shall not be reused 
for hoisting.



Sec. 1917.43  Powered industrial trucks.

    (a) Applicability. This section applies to every type of powered 
industrial truck used for material or equipment handling within a marine 
terminal. It does not apply to over-the-road vehicles.
    (b) General. (1) After October 3, 1983, modifications, such as 
adding counterweights, that might affect the vehicle's capacity or 
safety shall not be performed without either the manufacturer's prior 
written approval or the written approval of a professional engineer 
experienced with the equipment who has consulted with the manufacturer, 
if available. Capacity, operation and maintenance instruction plates, 
tags or decals shall be changed to conform to the equipment as modified.
    (2) Unauthorized personnel shall not ride on powered industrial 
trucks. A safe place to ride shall be provided when riding is 
authorized.
    (3) When a powered industrial truck is left unattended, load-
engaging means shall be fully lowered, controls neutralized and brakes 
set. Unless the truck is in view and within 25 feet (7.6 m) of the 
operator, power shall be shut off. Wheels shall be blocked or curbed if 
the truck is on an incline.
    (4) Powered industrial trucks shall not be operated inside highway 
vehicles or railcars having damage which could affect operational 
safety.
    (5) Powered industrial trucks shall be marked with their rated 
capacities, which shall be visible to the operator.
    (6) Only stable and safely arranged loads within the rated capacity 
of the truck shall be handled.
    (7) The employer shall direct drivers to ascend and descend grades 
slowly.
    (8) The employer shall direct drivers to slow down and sound the 
horn at crossaisles and other locations where visibility is obstructed.
    (9) If the load obstructs the forward view, the employer shall 
direct drivers to travel with the load trailing.
    (10) Steering knobs shall not be used unless the truck is equipped 
with power steering.
    (11) When powered industrial trucks use cargo lifting devices that 
have a means of engagement hidden from the operator, a means shall be 
provided to enable the operator to determine that the cargo has been 
engaged.
    (12) When cargo is being towed on pipe trucks or similar equipment, 
a safe means shall be provided to protect the driver from sliding loads.
    (c) Maintenace. (1) Only designated persons shall perform 
maintenance and repair.
    (2) Batteries on all powered trucks shall be disconnected during 
repairs to the primary electrical system unless power is necessary for 
testing and repair. On trucks equipped with systems capable of storing 
residual energy, that energy shall be safely discharged before work on 
the primary electrical system begins.
    (3) Replacement parts whose function might affect operational safety 
shall be equivalent in strength and performance

[[Page 226]]

capability to the original parts which they replace.
    (4) Braking systems or other mechanisms used for braking shall be 
operable and in safe condition.
    (5) Powered industrial trucks shall be maintained in safe working 
order. Safety devices shall not be removed or made inoperative except as 
otherwise provided in this section. Trucks with a fuel system leak or 
any other safety defect shall not be operated.
    (6) Those repairs to the fuel and ignition systems of industrial 
trucks which involve fire hazards shall be conducted only in locations 
designated as safe for such repairs.
    (d) Approved trucks-- (1) Approved power-operated industrial truck 
means one listed or approved for the intended use by a nationally 
recognized testing laboratory.
    (2) Approved trucks acquired and used after February 15, 1972, shall 
bear a label or other identification indicating testing laboratory 
approval.
    (3) When the atmosphere in an area is hazardous and the provisions 
of United States Coast Guard regulations at 33 CFR 126.15(e) do not 
apply, only power-operated industrial trucks approved for such locations 
shall be used.
    (e) Fork lift trucks--(1) Overhead guards. (i) When operators are 
exposed to overhead falling hazards, the employer shall ensure that fork 
lift trucks are equipped with securely attached overhead guards. Guards 
shall be constructed to protect the operator from falling boxes, 
cartons, packages, or similar objects.
    (ii) Overhead guards shall not obstruct the operator's view, and 
openings in the top of the guard shall not exceed six inches (15.2 cm) 
in one of the two directions, width or length. Larger openings are 
permitted if no opening allows the smallest unit of cargo being handled 
to fall through the guard.
    (iii) Overhead guards shall be built so that failure of the 
vehicle's mast tilting mechanism will not displace the guard.
    (iv) An overhead guard, otherwise required by this paragraph, may be 
removed only when it would prevent a truck from entering a work space 
and if the operator is not exposed to low overhead obstructions in the 
work space.
    (v) Overhead guards shall be large enough to extend over the 
operator during all truck operations, including forward tilt.
    (2) Load backrest extensions. Where necessary to protect the 
operator, fork lift trucks shall be fitted with a vertical load backrest 
extension to prevent the load from hitting the mast when the mast is 
positioned at maximum backward tilt. For this purpose, a ``load backrest 
extension'' means a device extending vertically from the fork carriage 
frame to prevent raised loads from falling backward.
    (3) Forks. Forks, fork extensions and other attachments shall be 
secured so that they cannot be accidentally dislodged, and shall be used 
only in accordance with the manufacturer's recommendations.
    (4) Counterweights. Counterweights shall be so affixed that they 
cannot be accidentally dislodged.
    (5) Capacities and weights. (i) Fork lift truck rated capacities, 
with and without removable counterweights, shall not be exceeded. Rated 
capacities shall be marked on the vehicle and shall be visible to the 
operator. The vehicle weight, with and without counterweight, shall be 
similarly marked.
    (ii) If loads are lifted by two or more trucks working in unison, 
the total weight of the load shall not exceed the combined rated lifting 
capacity of all trucks involved.
    (6) Lifting of employees. Employees may be elevated by fork lift 
trucks only when a platform is secured to the lifting carriage or forks. 
The platform shall meet the following requirements:
    (i) The platform shall have a railing complying with 
Sec. 1917.112(c).
    (ii) The platform shall have toeboards complying with 
Sec. 1917.112(d) if tools or other objects could fall on employees 
below.
    (iii) When the truck has controls which are elevated with the 
lifting carriage, means shall be provided for employees on the platform 
to shut off power to the vehicle.
    (iv) Employees on the platform shall be protected from exposure to 
moving truck parts.

[[Page 227]]

    (v) The platform floor shall be skid resistant.
    (vi) A truck operator shall be at the truck's controls when 
employees are elevated unless the truck's controls are elevated with the 
lifting carriage.
    (vii) While employees are elevated, the truck may be moved only to 
make minor placement adjustments.
    (f) Bulk cargo-moving vehicles. (1) Where a seated operator may come 
into contact with projecting overheads, crawler-type bulk-cargo-moving 
vehicles that are rider operated shall be equipped with operator's 
guards.
    (2) Guards and their attachment points shall be so designed as to be 
able to withstand, without excessive deflection, a load applied 
horizontally at the operator's shoulder level equal to the drawbar pull 
of the machine.
    (g) Straddle trucks--(1) Accessibility. Straddle trucks shall have a 
permanent means of access to the operator's station, including any 
handholds necessary for safe ascent and descent.
    (2) Guarding. (i) Main sprockets and chains to the wheels shall be 
guarded as follows:
    (A) The upper sprocket shall be enclosed;
    (B) The upper half of the lower sprocket shall be enclosed; and
    (C) The drive chain shall be enclosed to a height of eight feet (2.6 
m) except for that portion at the lower half of the lower sprocket.
    (ii) Gears shall be enclosed and revolving parts which may be 
contacted by the operator shall be guarded.
    (iii) When straddle trucks are used in the vicinity of employees, 
personnel-deflecting guards shall be provided around leading edges of 
front and rear wheels.
    (3) Visibility. Operator visibility shall be provided in all 
directions of movement.
    (h) Trailer-spotting tractors. (1) Trailer-spotting tractors (fifth 
wheels) shall be fitted with any hand grabs and footing necessary for 
safe access to the fifth wheel.
---------------------------------------------------------------------------

    4 The United States Coast Guard at 33 CFR 126.15(d) and 
(e) has additional regulations applicable to vehicles in terminals.
---------------------------------------------------------------------------

    (2) Rear cab windows shall be of safety glass or of equivalent 
material.



Sec. 1917.44  General rules applicable to vehicles.\4\

    (a) The requirements of this section apply to general vehicle use 
within marine terminals except in cases where the provisions of 
paragraphs (c) and (m) of this section are preempted by applicable 
regulations of the Department of Transportation.5
---------------------------------------------------------------------------

    5 Department of Transportation regulations in 49 CFR part 393, 
Subpart C-Brakes, address the immobilization of trailer road wheels 
prior to disconnection of the trailer and until braking is again 
provided. 49 CFR 393.84 addresses the condition of flooring. These DOT 
rules apply when the motor carrier is engaged in interstate commerce or 
in the transport of certain hazardous items wholly within a municipality 
or the commercial zone thereof.
---------------------------------------------------------------------------

    (b) Private vehicle parking in marine terminals shall be allowed 
only in designated areas.
    (c) Trailers shall not be disconnected from tractors at loading 
docks until the road wheels have been immobilized. The road wheels shall 
be immobilized from the time the brake system is disconnected until 
braking is again provided. Supplementary front end support shall be 
employed as necessary to prevent tipping when a trailer is entered by a 
material handling vehicle. Rear end support shall be employed if rear 
wheels are so far forward as to allow tipping when the trailer is 
entered.
    (d) The employer shall direct motor vehicle operators to comply with 
any posted speed limits and other traffic control signs or signals, and 
written traffic instructions.
    (e) Stop signs shall be posted at main entrances and exits of 
structures where visibility is impaired, and at blind intersections, 
unless direct traffic control or warning mirror systems or other systems 
of equivalent safety are provided.
    (f) Vehicular routes, traffic rules, and parking areas shall be 
established, identified, and used.
    (g) The employer shall direct vehicle drivers to warn employees in 
traffic lanes of the vehicle's approach.
    (h) Signs indicating pedestrian traffic shall be clearly posted at 
vehicular

[[Page 228]]

check-in and check-out lines and similar locations where employees may 
be working.
    (i) A distance of not less than 20 feet (4.5 m) shall be maintained 
between the first two vehicles in a check-in, check-out roadability, or 
vessel loading/discharging line. This distance shall be maintained 
between any subsequent vehicles behind which employees are required to 
work.
    (j) No unattended vehicle shall be left with its engine running 
unless secured against movement (see Sec. 1917.43(b)(3) for powered 
industrial trucks).
    (k) When the rear of a vehicle is elevated to facilitate loading or 
discharging, a ramp shall be provided and secured. The vehicle shall be 
secured against accidental movement during loading or discharging.
    (l) Only highway vehicle floors in safe condition shall be used.
    (m) When flatbed trucks, platform containers or similar conveyances 
are loaded or discharged and the cargo consists of pipe or other 
products which could spread or roll to endanger employees, the cargo 
shall be contained to prevent movement.
    (n) Vehicles used to transport employees within a terminal shall be 
maintained in safe working order and safety devices shall not be removed 
or made inoperative.
    (o) Servicing multi-piece and single piece rim wheels. Servicing of 
multi-piece and single piece rim wheels is covered by Sec. 1910.177 of 
this chapter.
    (1) Scope. This paragraph applies to the servicing of vehicle wheels 
containing tube-type tires mounted on multi-piece rims.
    (2) Definition. ``Multi-piece rim'' means a vehicle wheel rim 
consisting of two or more parts, one of which is a (side) locking ring 
designed to hold the tire on the rim by tension on interlocking 
components when the tire is inflated, regardless of the relative sizes 
of the component parts.
    (3) Employee training. (i) The employer shall ensure that only 
employees trained in the procedures required in paragraph (p)(4) of this 
section and who have demonstrated their ability to service multi-piece 
rim wheels shall be assigned such duties.
    (ii) The employer shall ensure that each employee demonstrates his 
ability to service multi-piece rim wheels, including performance of the 
following tasks:
    (A) Tire demounting (including deflation);
    (B) Inspection of wheel components;
    (C) Mounting of tires;
    (D) Inflation of tires, including use of a restraining device;
    (E) Handling of wheels;
    (F) Inflation of tires when a wheel is mounted on the vehicle; and
    (G) Installation and removal of wheels.
    (4) Servicing procedures. The employer shall ensure that the 
following procedures are followed:
    (i) Tires shall be completely deflated before demounting by removal 
of the valve core;
    (ii) The valve core shall be removed before the wheel is removed 
from the axle when:
    (A) The tire has been operated underinflated at 80% or less of its 
recommended pressure, or
    (B) There is discernible or suspected damage to the tire or wheel 
components;
    (iii) Mating surfaces shall be free of dirt, surface rust, scale and 
rubber buildup before mounting;
    (iv) Rubber lubricant shall be applied to bead and rim mating 
surfaces upon wheel assembly and inflation of the tire;
    (v) Air pressure shall not exceed 3 psig (0.21 kg/cm2) 
when seating the locking ring or rounding out the tube when a tire is 
being partially inflated without a restraining device;
    (vi) While the tire is pressurized, components shall not be struck 
or forced to correct the seating of side or lock rings;
    (vii) There shall not be any contact between an employee or unit of 
equipment and a restraining device during tire inflation;
    (viii) After inflation, tires, rims and rings shall be inspected 
while within the restraining device to ensure seating and locking. If 
adjustment is necessary the tire shall first be deflated by valve core 
removal; and

[[Page 229]]

    (ix) Before assembly, wheel components shall be inspected, and 
damaged rim components shall not be reused.
    (5) Charts and manuals. (i) The employer shall provide a chart 
containing as a minimum the instructions and information provided in the 
United States Department of Transportation, National Highway Traffic 
Safety Administration (NHTSA) publication ``Safety Precautions for 
Mounting and Demounting Tube-Type Truck/Bus Tires'' and ``Multi-Piece 
Rim Wheel Matching Chart,'' and pertinent to the type(s) of multi-piece 
rim wheels being serviced. The chart shall be available in the 
terminal's service area.6
---------------------------------------------------------------------------

    \6 \NHTSA charts are available from General Services Division, 
National Highway Traffic Safety Administration, Attention: N48-51, 400 
Seventh Street, SW., Washington, D.C. 20590. Industry charts are 
available upon request from the manufacturer.
---------------------------------------------------------------------------

    (ii) A current rim manual containing the manufacturer's instructions 
for mounting, demounting, maintenance and safety precautions relating to 
the multi-piece rim wheels being serviced shall be available in the 
terminal's service area.
    (6) Restraining devices. (i) Except as otherwise noted, inflation 
shall be done within a restraining device such as a cage, rack or other 
device capable of withstanding the maximum force that would be 
transferred to it during an explosive wheel separation occurring at 150% 
of maximum tire specification pressure for the wheels being serviced. 
The restraining device shall be capable of preventing rim components 
from being thrown outside the frame of the device for any wheel position 
within the device. When the wheel assembly is mounted on a vehicle, 
tires may be inflated without a restraining device only if they have 
more than 80% of the recommended pressure and if remote control 
inflation equipment is used and employees are clear of the danger area.
    (ii) Restraining devices shall be kept in good repair and be capable 
of preventing rim components from being thrown outside the device.
    (7) Inflation hoses. Inflation hoses shall have a manual clip-on 
chuck with sufficient hose to permit an employee to be clear of the 
danger zone. An in-line, manually operated valve with gauge or a preset 
pressure regulator shall be used to inflate tires.
    (8) Other equipment. (i) Only tools recommended in the rim manual 
for the type of wheel being serviced shall be used to service multi-
piece rim wheels.
    (ii) Wheel components shall not be interchanged except as provided 
in the applicable chart or manual.

[48 FR 30909, July 5, 1983, as amended at 52 FR 36026, Sept. 25, 1987]



Sec. 1917.45  Cranes and derricks (See also Sec. 1917.51).

    (a) Coverage. (1) This section applies to every kind of crane and 
derrick and to any other type of equipment performing the functions of a 
crane or derrick except as noted in paragraph (a)(2) of this section.
    (2) This section does not apply to small industrial truck-type 
cranes, container handling top-loaders and sideloaders, chain hoists, 
and mobile straddle-type cranes incapable of straddling two or more 
intermodal containers (16 feet (4.88 m) in width).
    (b) Ratings. (1) Except for bridge cranes covered by paragraph (g) 
of this section, cranes and derricks having ratings that vary with boom 
length, radius (outreach) or other variables shall have a durable rating 
chart visible to the operator, covering the complete range of the 
manufacturer's (or design) capacity ratings. The rating chart shall 
include all operating radii (outreach) for all permissible boom lengths 
and jib lengths as applicable, with and without outriggers, and 
alternate ratings for optional equipment affecting such ratings. 
Precautions or warnings specified by the owner or manufacturer shall be 
included along with the chart.
    (2) The manufacturer's (or design) rated loads for the conditions of 
use shall not be exceeded.
    (3) Designated working loads shall not be increased beyond the 
manufacturer's ratings or original design limitations unless such 
increase receives the manufacturer's approval. When the manufacturer's 
services are not available or where the equipment is of foreign 
manufacture, engineering design analysis shall be performed or approved 
by a person accredited for certificating the equipment under part 1919 
of this chapter. Engineering design analysis

[[Page 230]]

shall be performed by a registered professional engineer competent in 
the field of cranes and derricks. Any structural changes necessitated by 
the change in rating shall be carried out.
    (c) Radius indicator. When the rated load varies with the boom 
radius, the crane or derrick shall be fitted with a boom angle or radius 
indicator visible to the operator.
    (d) Prohibited usage. (1) Equipment shall not be used in a manner 
that exerts sideloading stresses upon the crane or derrick boom.
    (2) No crane or derrick having a visible or known defect that 
affects safe operation shall be used.
    (e) Protective devices. (1) When exposed moving parts such as gears, 
chains and chain sprockets present a hazard to employees during crane 
and derrick operations, those parts shall be securely guarded.
    (2) Crane hooks shall be latched or otherwise secured to prevent 
accidental load disengagement.
    (f) General--(1) Operating controls. (i) Crane and derrick operating 
controls shall be clearly marked, or a chart indicating their function 
shall be posted at the operator's position.
    (ii) After October 3, 1984, overhead bridge and container gantry 
crane operating control levers shall be self-centering so that they will 
automatically move to the ``off'' position when the operator releases 
the control.
    (2) Booms. Cranes with elevatable booms and without operable 
automatic limiting devices shall be provided with boom stops if boom 
elevation can exceed maximum design angles from the horizontal.
    (3) Foot pedals. Foot pedals shall have a non-skid surface.
    (4) Access. Ladders, stairways, stanchions, grab irons, foot steps 
or equivalent means shall be provided as necessary to ensure safe access 
to footwalks, cab platforms, the cab and any portion of the 
superstructure which employees must reach.
    (i) Footwalks shall be of rigid construction, and shall be capable 
of supporting a load of 100 pounds (4.79 kPa) per square foot.
    (ii) If more than 20 feet (6.1 m) in height, vertical ladders shall 
comply with Sec. 1917.118 (d), (e)(1), (e)(2)(iii), and (e)(2)(iv).
    (iii) Stairways on cranes shall be equipped with rigid handrails 
meeting the requirements of Sec. 1917.112(e)(1).
    (iv) If the top of a ladder or stairway or any position thereof is 
located where a moving part of a crane, such as a revolving house, could 
strike an employee ascending or descending the ladder or stairway, a 
prominent warning sign shall be posted at the foot of the ladder or 
stairway. A system of communication (such as a buzzer or bell) shall be 
established and maintained between the foot of the ladder or stairway 
and the operator's cab.
    (5) Operator's station. The cab, controls and mechanism of the 
equipment shall be so arranged that the operator has a clear view of the 
load or signalman, when one is used. Cab glass, when used, shall be 
safety plate glass or equivalent and good visibility shall be maintained 
through the glass. Clothing, tools and equipment shall be stored so as 
not to interfere with access, operation, and the operator's view.
    (6) Counterweights or ballast. Cranes shall be operated only with 
the specified type and amount of ballast or counterweights. Ballast or 
counterweight shall be located and secured only as provided in the 
manufacturer's or design specifications, which shall be available.
    (7) Outriggers. Outriggers shall be used according to the 
manufacturer's specifications or design data, which shall be avialable. 
Floats, when used, shall be securely attached to the outriggers. Wood 
blocks or other support shall be of sufficient size to support the 
outrigger, free of defects that may affect safety and of sufficient 
width and length to prevent the crane from shifting or toppling under 
load.
    (8) Exhaust gases. Engine exhaust gases shall be discharged away 
from the normal position of crane operating personnel.
    (9) Electrical equipment shall be so located or enclosed that live 
parts will not be exposed to accidental contact. Designated persons may 
work on energized equipment only if necessary during inspection, 
maintenance, or repair.

[[Page 231]]

    (10) Fire extinguisher. (i) At least one portable fire extinguisher 
of at least 5-BC rating or equivalent shall be accessible in the cab of 
the crane or derrick.
    (ii) No portable fire extinguisher using carbon tetrachloride or 
chlorobromomethane extinguishing agents shall be used.
    (11) Rope on drums. At least three full turns of rope shall remain 
on ungrooved drums, and two turns on grooved drums, under all operating 
conditions. Wire rope shall be secured to drums by clamps, U-bolts, 
shackles or equivalent means. Fiber rope fastenings are prohibited.
    (12) Assembly or disassembly of boom sections. Mobile crane booms 
being assembled or disassembled on the ground with or without the 
support of the boom harness shall be blocked to prevent dropping of the 
boom or boom sections.
    (13) Brakes. (i) Each independent hoisting unit of a crane shall be 
equipped with at least one holding brake, applied directly to the motor 
shaft or gear train.
    (ii) Each independent hoisting unit of a crane, except worm geared 
hoists, the angle of whose worm is such as to prevent the load from 
accellerating in the lowering direction, shall, in addition to a holding 
brake, be equipped with a controlled braking means to control lowering 
speeds.
    (iii) Holding brakes for hoist units shall have not less than the 
following percentage of the rated load hoisting torque at the point 
where the brake is applied:
    (A) 125 percent when used with a controlled braking means.
    (B) 100 percent when used with a mechanically-controlled braking 
means.
    (C) 100 percent when two holding brakes are provided.
    (iv) All power control braking means shall be capable of maintaining 
safe lowering speeds of rated loads.
    (g) Rail-mounted cranes (excluding locomotive types). (1) For the 
purposes of this section, rail-mounted cranes include bridge cranes and 
portal cranes.
    (2) Rated load marking. The rated loads of bridge cranes shall be 
plainly marked on each side of the crane and in the cab. If there is 
more than one hoisting unit, each hoist shall have its rated load marked 
on it or on its load block. Marking shall be legible from the ground 
level.
    (3) Wind-indicating devices. (i) After October 3, 1983, each rail-
mounted bridge and portal crane located outside of an enclosed structure 
shall be fitted with an operable wind-indicating device.
    (ii) The wind indicating device shall provide a visible or audible 
warning to alert the operator of high wind conditions. That warning 
shall be transmitted whenever the following circumstances are present:
    (A) When wind velocity reaches the warning speed, not exceeding the 
crane manufacturer's recommendations; and
    (B) When wind velocity reaches the shutdown speed, not exceeding the 
crane manufacturer's recommendations, at which work is to be stopped and 
the crane secured.
    (iii) Instructions. The employer shall post operating instructions 
for high wind conditions in the operator's cab of each crane. Operators 
shall be directed to comply with these instructions. The instructions 
shall include procedures for responding to high wind alerts and for any 
coordination necessary with other cranes.
    (4) Securing of cranes in high winds. (i) When the wind reaches the 
crane's warning speed:
    (A) Gantry travel shall be stopped; and
    (B) The crane shall be readied for shutdown.
    (ii) When the wind reaches the crane's shutdown speed:
    (A) Any portion of the crane spanning or partially spanning a vessel 
shall be moved clear of the vessel if safe to do so; and
    (B) The crane shall be secured against travel, using all available 
means of securing.
    (5) The employer shall monitor local weather conditions by 
subscribing to a weather service or using equally effective means.
    (6) Stops and bumpers. (i) The ends of all tracks shall be equipped 
with stops or bumpers. If a stop engages the tread of the wheel, it 
shall be of a height not less than the radius of the wheel.
    (ii) When more than one crane operates on the same runway or more 
than

[[Page 232]]

one trolley on the same bridge, each crane or trolley shall be equipped 
with bumpers or equivalent devices at adjacent ends subject to impact.
    (7) Employee exposure to crane movement. When employees may be in 
the vicinity of the tracks, crane trucks shall be equipped with 
personnel-deflecting guards.
    (8) Pedestrian clearance. If the track area is used for employee 
passage or for work, a minimum clearance of three feet (0.9 m) shall be 
provided between trucks or the structures of rail-mounted cranes and any 
other structure or obstruction. When the required clearance is not 
available on at least one side of the crane's trucks, the area shall not 
be used and shall be marked and identified.
    (9) Warning devices. Rail-mounted cranes shall be equipped with an 
effective travel warning device which shall be used to warn employees 
who may be in the path of the moving crane.
    (10) Communications. Means of communication shall be provided 
between the operator's cab and the base of the gantry of all rail-
mounted cranes. This requirement may be met by telephone, radio, sound-
signalling system or other effective methods, but not solely by hand-
signalling.
    (h) Stabilizing of locomotive cranes. Loads may be hoisted by 
locomotive cranes only if outriggers are in place, unless means are 
taken to prevent the load being carried by the truck springs of the 
crane.
    (i) Operations. (1) Use of cranes together. When two or more cranes 
hoist a load in unison, a designated person shall direct the operation 
and instruct personnel in positioning, rigging of the load and movements 
to be made.
    (2) Guarding of swing radius. Accessible areas within the swing 
radius of the body of a revolving crane shall be physically guarded 
during operations to prevent an employee from being caught between the 
body of the crane and any fixed structure or between parts of the crane.
    (3) Securing mobile crane components in transit. The crane's 
superstructure and boom shall be secured against rotation and carried in 
line with the direction of travel except when negotiating turns with an 
operator in the cab or when the boom is supported on a dolly. The empty 
hook or other attachment shall be secured.
    (4) Unattended cranes. The following steps shall be taken before 
leaving a crane unattended between work periods:
    (i) Suspended loads, such as those hoisted by lifting magnets or 
clamshell buckets, shall be landed unless the storage position or 
maximum hoisting of the suspended device will provide equivalent safety;
    (ii) Clutches shall be disengaged;
    (iii) The power supply shall be shut off;
    (iv) The crane shall be secured against accidental travel; and
    (v) The boom shall be lowered or secured against movement.
    (5) Operating near electric power lines--(i) Clearance. Unless 
electrical distribution and transmitting lines are deenergized and 
visibly grounded at point of work, or unless insulating barriers not a 
part of or an attachment to the crane have been erected to prevent 
physical contact with lines, cranes may be operated near power lines 
only in accordance with following:
    (A) For lines rated 50 kV or below, minimum clearance between the 
lines and any part of the crane or load shall be 10 feet (3 m);
    (B) For lines rated over 50 kV, minimum clearance between the lines 
and any part of the crane or load shall be either 10 feet (3 m) plus 0.4 
inch (10 mm) for each 1 kV over 50 kV, or twice the length of the line 
insulator, but never less than 10 feet; and
    (C) In transit with no load and boom lowered, the clearance shall be 
a minimum of 4 feet (1.2 m).
    (ii) Boom guards. Cage-type boom guards, insulating links or 
proximity warning devices may be used on cranes, but they shall not be 
used in place of the clearances required by paragraph (i)(5)(i) of this 
section.
    (iii) Determination of energized lines. Any overhead line shall be 
presumed to be energized until the owner of the line indicates that it 
is not energized.
    (j) Protection for employees being hoisted. (1) No employee shall be 
hoisted by the load hoisting apparatus of a crane or derrick except:

[[Page 233]]

    (i) On intermodal container spreaders, equipped in accordance with 
paragraph (j)(8) of this section; or
    (ii) In a boatswain's chair or other device rigged to prevent it 
from accidental disengagement from the hook or supporting member; or
    (iii) On a platform meeting the following requirements:
    (A) Enclosed by a railing or other means providing protection 
equivalent to that described in Sec. 1917.112(c). If equipped with open 
railings, the platform shall be fitted with toe boards;
    (B) Having a safety factor of four based on ultimate strength;
    (C) Bearing a plate or permanent marking indicating maximum load 
rating, which shall not be exceeded, and the weight of the platform 
itself;
    (D) Equipment with a device to prevent access doors, when used, from 
opening accidentally;
    (E) Equipped with overhead protection for employees on the platform 
if they are exposed to falling objects or overhead hazards;
    (F) Secured to the load line by means other than wedge and socket 
attachments, unless the free (bitter) end of the line is secured back to 
itself by a clamp placed as close above the wedge as possible.
    (2) Except in an emergency, the hoisting mechanism of all overhead 
and container gantry cranes used to hoist personnel shall operate in 
power up and power down, with automatic brake application when not 
hoisting or lowering.
    (3) Variable radius booms of a crane or derrick used to hoist 
personnel shall be so constructed or secured as to prevent accidental 
boom movement.
    (4) Platforms or devices used to hoist employees shall be inspected 
for defects before each day's use and shall be removed from service if 
defective.
    (5) Employees being hoisted shall remain in continuous sight of and 
communication with the operator or signalman.
    (6) Operators shall remain at the controls when employees are 
hoisted.
    (7) Cranes shall not travel while employees are hoisted, except in 
emergency or in normal tier to tier transfer of employees during 
container operations.
    (8) When intermodal container spreaders are used to transfer 
employees to or from the tops of containers, the spreaders shall be 
equipped with a personnel platform equipped with fixed railings, 
provided that the railings have one or more openings for access. The 
openings shall be fitted with a means of closure, such as chains with 
hooks. Existing railings shall be at least 36 inches (0.91 m) in height. 
New railings installed after October 3, 1983 shall be 42 inches (1.07 
m), plus or minus 3 inches (7.6 cm), in height. The provisions of 
paragraphs (j)(1)(iii)(C), (j)(1)(iii)(D), and (j)(1)(iii)(F) of this 
section also apply to personnel platforms when such container spreaders 
are used.
    (k) Routine inspection. (1) Designated persons shall visually 
inspect each crane and derrick on each day of use for defects in 
functional operating components and shall report any defect found to the 
employer. The employer shall inform the operator of the findings.
    (2) A designated person shall thoroughly inspect all functional 
components and accessible structural features of each crane or device at 
monthly intervals.
    (3) Any defects found during such inspections which may create a 
safety hazard shall be corrected before further equipment use. Repairs 
shall be performed only by designated persons.
    (4) A record of monthly inspections shall be maintained for six 
months in or on the crane or derrick or at the terminal.



Sec. 1917.46  Crane load and limit devices.

    (a)(1) Except as provided in paragraph (a)(1)(viii) of this section, 
every crane after October 3, 1984 shall be fitted with a load indicating 
device or alternative device in proper working condition which shall 
meet the following criteria:
    (i) The type or model or any load indicating or alternate device 
which is used shall provide:
    (A) A direct indication in the cab of actual weight hoisted or a 
means of determining this by referencing a weight indication to crane 
ratings posted and visible to the operator, except that the use of a 
dynamometer or simple scale

[[Page 234]]

alone will not meet this requirement; or
    (B) Indications in the cab according to the radius and load at the 
moment; or
    (C) A direct means to prevent an overload from occurring.
    (ii) Accuracy of the devices required by this section shall be such 
that any indicated load (or limit), including the sum of actual weight 
hoisted and additional equipment or ``add ons'' such as slings, sensors, 
blocks, etc., is within the range from no less than 95 percent of the 
actual true total load (5 percent overload) to 110 percent of the actual 
true total load (10 percent underload). Such accuracy shall be required 
over the range of the daily operating variables to be expected under the 
conditions of use.
    (iii) The device shall permit the operator to determine, before 
making any lift, that the indicating or substitute system is operative. 
In the alternative, if a device is so mounted or attached to preclude 
such a determination, it may not be used unless it has been certified by 
the manufacturer to remain operable within the limits stated in 
paragraph (a)(1)(ii) of this section for a specific period of use. 
Checks for accuracy, using known values of load, shall be performed at 
the time of every certification survey (see Sec. 1917.50) and at such 
additional times as may be recommended by the manufacturer.
    (iv) When a load indicating device or alternative system is so 
arranged in the supporting system (crane structure) that its failure 
could cause the load to be dropped, its strength shall not be the 
limiting factor of the supporting system (crane structure).
    (v) Marking shall be conspicuously placed giving: units of measure 
in pounds or both pounds and kilograms, capacity of the indicating 
system, accuracy of the indicating system, and operating instructions 
and precautions. In the case of systems utilizing indications other than 
actual weights, the marking shall include data on: the means of 
measurement, capacity of the system, accuracy of the system, and 
operating instructions and precautions. If the system used provides no 
readout, but is such as to automatically cease crane operation when the 
rated load limit under any specific condition of use is reached, marking 
shall be provided giving the make and model of the device installed, a 
description of what it does, how it is operated, and any necessary 
precautions regarding the system. All weight indications, other types of 
loading indications, and other data required shall be readily visible to 
the operator.
    (vi) All load indicating devices shall be operative over the full 
operating radius. Overall accuracy shall be based on actual applied load 
and not on full scale (full capacity) load.

    Explanatory Note: For example, if accuracy of the load indicating 
device is based on full scale load and the device is arbitrarily set at 
plus/minus 10 percent, it would accept a reading between 90,000 and 
110,000 lbs., at full capacity of a machine with 100,000 lbs., maximum 
rating, but would also allow a reading between zero and 20,000 lbs., at 
that outreach (radius) at which the rating would be 10,000 lbs., 
capacity--an unacceptable figure. If, however, accuracy is based on 
actual applied load under the same conditions, the acceptable range 
would remain the same with the 100,000-lb. load but becomes a figure 
between 9,000 and 11,000 lbs., a much different and acceptable 
condition, at the 10,000-lb. load.

    (vii) When the device uses the radius as a factor in its use or in 
its operating indications, the indicated radius (which may be in feet 
and/or meters, or degrees of boom angle, depending on the system used) 
shall be a figure which is within the range of a figure no greater than 
110 percent of the actual radius to a figure which is no less than 97 
percent of the actual (true) radius. A conversion chart shall be 
provided whenever it is necessary to convert between degrees of radius 
and feet or meters.
    (viii) The load indicating device requirements of this subparagraph 
do not apply to a crane:
    (A) Of trolley equipped bridge type while handling containers known 
to be and identified as empty, or loaded, and in either case in 
compliance with the provisions of Sec. 1917.71 of this part, or while 
hoisting other lifts by means of a lifting beam supplied by the crane 
manufacturer for the purpose, and in all cases within the crane rating;

[[Page 235]]

    (B) While handling bulk commodities or cargoes by means of clamshell 
bucket or magnet;
    (C) While used to handle or hold hoses in connection with transfer 
of bulk liquids or other hose handled products; or
    (D) While the crane is used exclusively to handle cargo or equipment 
the total actual gross weight of which is known by means of marking of 
the unit or units hoisted, when such total actual gross weight never 
exceeds 11,200 lbs., and when 11,200 lbs., is less than the rated 
capacity of the crane at the maximum outreach that is possible under the 
conditions of use at the time.



Sec. 1917.47  Winches.

    (a) Moving winch parts which present caught-in hazards to employees 
shall be guarded.
    (b) Winches shall have clearly identifiable and readily accessible 
stop controls.
    (c) Portable winches shall be secured against accidental shifting 
while in use.
    (d) Portable winches shall be fitted with limit switches if 
employees have access to areas from which it is possible to be drawn 
into the winch.
    (e) The provisions of Sec. 1917.45(f)(11) shall apply to winches.



Sec. 1917.48  Conveyors.

    (a) Guards. (1) Danger zones at or adjacent to conveyors shall be 
guarded to protect employees.
    (2) An elevated walkway with guardrail or equivalent means of 
protection shall be provided where employees cross over moving 
conveyors, and suitable guarding shall be provided when employees pass 
under moving conveyors.
    (b) Moving parts. Conveyor rollers and wheels shall be secured in 
position.
    (c) Positioning. Gravity conveyor sections shall be firmly placed 
and secured to prevent them from falling.
    (d) Braking. (1) When necessary for safe operation, provisions shall 
be made for braking objects at the delivery end of the conveyor.
    (2) Conveyor using electrically released brakes shall be constructed 
so that the brakes cannot be released until power is applied, and that 
the brakes are automatically engaged if the power fails or the operating 
control is returned to the ``stop'' position.
    (e) Stability. Portable conveyors shall be stable within their 
operating ranges. When used at variable fixed levels, the unit shall be 
secured at the operating level.
    (f) Emergency stop devices. Readily accessible stop controls shall 
be provided for use in an emergency. Whenever the operation of any power 
conveyor requires personnel to work in the immediate vicinity of the 
conveyor, the Conveyor or controls shall not be left unattended while 
the conveyor is in operation.
    (g) Starting powered conveyors. Powered conveyors shall not be 
started until all employees are clear of the conveyor or have been 
warned that the conveyor is about to start.
    (h) Loading and unloading. The area around conveyor loading and 
unloading points shall be kept clear of obstructions during conveyor 
operations.
    (i) Lockout/Tagout. (1) Conveyors shall be stopped and their power 
sources locked out and tagged out during maintenance, repair, and 
servicing, unless power is necessary for testing.
    (2) The starting device shall be locked out and tagged out in the 
stop position before an attempt is made to remove the cause of a jam or 
overload of the conveying medium, unless it is necessary to have the 
power on to remove the jam.
    (j) Safe practices. (1) Only designated persons shall operate, 
repair or service powered conveyors.
    (2) The employer shall direct employees to stay off operating 
conveyors.
    (3) Conveyors shall be operated only with all overload devices, 
guards and safety devices in place and operable.



Sec. 1917.49  Spouts, chutes, hoppers, bins, and associated equipment.

    (a) Standing and running rigging and associated gear used as a 
permanent part of spouts, chutes or similar devices shall be inspected 
before each use and shall not be used if it has any functional defects. 
(See also Sec. 1917.50(c)(2) for certification requirements.)
    (b) Direct communication shall be provided between the discharge or 
shipboard control end of loading spouts and

[[Page 236]]

chutes and the point in the terminal from which the flow of cargo is 
controlled.
    (c) Chute and hopper openings which present a hazard shall be 
guarded to prevent employees from falling through them.
    (d) When employees are working on hoppers, the hopper shall be 
equipped with a safe walkway and means of access.
    (e) When necessary for the safety of employees, chutes shall be 
equipped with sideboards to afford protection from falling objects.
    (f) Chutes shall be firmly placed and secured to prevent them from 
falling.
    (g) When necessary for the safety of employees, provisions shall be 
made for braking objects other than bulk commodities at the delivery end 
of the chute.
    (h) Before an employee enters an empty bin:
    (1) Personnel controlling the flow of cargo into the bin shall have 
been notified of the entry; and
    (2) The power supply to the equipment carrying the cargo to the bin 
shall be turned off, locked out and tagged.
    (i) Before an employee enters a bin containing a bulk commodity such 
as coal or sugar, the employer shall ensure that:
    (1) Personnel controlling the flow of cargo into the bin have been 
notified of the entry;
    (2) The power supply to the equipment carrying the cargo to the bin 
is turned off, locked out and tagged.
    (3) The employee entering the bin wears a lifeline and safety 
harness; and
    (4) A standby attendant equipped to perform a rescue is continuously 
stationed outside the bin until the employee has left the bin.
    (j) Bin top openings that present a hazard to employees shall be 
covered to prevent employees from falling into bins.
    (k) Chutes and hoppers shall be repaired only by designated persons.
    (l)(1) Before power shoveling operations begin, a designated person 
shall inspect the equipment to be used. The inspection shall include at 
least the eye bolts, wires, and sheaves.
    (2) Power shovels and associated equipment with defects affecting 
safe operation shall not be used.
    (3) Before adjustments are made to a power shovel, wire, or 
associated equipment, the power supply to the shovel shall be turned 
off, locked out, and tagged, the belt stopped, and the hopper closed.



Sec. 1917.50  Certification of marine terminal material handling devices.

    (a) The employer shall not use any material handling device listed 
in paragraph (c) of this section until he has ascertained that the 
device has been certificated, as evidenced by current and valid 
documents attesting to compliance with the requirements of paragraph (b) 
of this section.
    (1) Certification surveys are to be completed for the conditions of 
use found at the time such surveys are completed, with the understanding 
that equipment owners/users can change the configurations of the 
equipment according to the manufacturer's specifications without 
affecting the established certification status for the equipment.
    (2) In cases of foreign manufactured cranes, there shall be an 
owner's warranty that the design is adequate for the intended use. The 
warranty shall be based on a thorough examination of the design 
specifications by a registered professional engineer familiar with the 
equipment.
    (b) The certifications required by this section shall be performed:
    (1) In accordance with part 1919 of this chapter, by persons then 
currently accredited by the Occupational Safety and Health 
Administration as provided in that part; or
    (2) In accordance with standards established and enforced by the 
state in which the device is located or by a political subdivision 
thereof, which have been found by the Secretary to be compatible with 
part 1919 of this chapter, by persons designated as competent to perform 
such certification by competent state authority and recognized as such 
by the Secretary.
    (c) The marine terminal material handling devices listed below shall 
be certificated in the following manner:

[[Page 237]]

    (1) Each crane and derrick shall be tested as a unit quadrennially, 
and shall be examined annually. Certificates of tests and examinations 
shall be made readily available for inspection.
    (2) Bulk cargo spouts and suckers, together with any portable 
extensions and rigging or outriggers supporting them vertically, shall 
be examined annually. Certificates attesting to the required examination 
shall be made readily available for inspection.
    (3) Vertical pocket or bucket conveyors such as banana, sugar, and 
grain marine legs (other than those within a grain elevator structure) 
used within a marine terminal facility shall be examined annually. The 
annual examination shall include all supporting structures, rigging and 
mechanical components and observation of all steps of operations. 
Certificates attesting to the required examinations shall be readily 
available for inspection.
    (4)(i) House fall cargo-handling gear in use shall be proof load 
tested as a unit upon initial certification and every fourth year 
thereafter. An examination shall be carried out in conjunction with each 
unit proof load test and annually thereafter. The unit test shall 
consist of a proof load of 25 percent in excess of the rated safe 
working load. Examinations shall include all supporting structures and 
components. Certificates attesting to the required tests and 
examinations shall be readily available for inspection.
    (ii) House fall span beams or other house fall block supports shall 
be marked with the safe working load, which shall not be exceeded.
    (5) Special gear. (i) Special stevedoring gear provided by the 
employer, the strength of which depends upon components other than 
commonly used stock items such as shackles, ropes or chains, shall be 
tested as a unit in accordance with the following table before initially 
being put into use.

                                                                        
------------------------------------------------------------------------
             Safe working load                       Proof load         
------------------------------------------------------------------------
Up to 20 short tons.......................  25 percent in excess.       
Over 20 to 50 short tons..................  5 short tons in excess.     
Over 50 short tons........................  10 percent in excess.       
------------------------------------------------------------------------

    (ii) Every spreader not a part of ship's gear and used for hoisting 
intermodal containers shall be tested to a proof load equal to 25 
percent in excess of its rated capacity. Additionally, any spreader 
which suffers damage necessitating structural repair shall be retested 
after repair and before being returned to service.
    (iii) Certificates attesting to the required tests shall be 
available for inspection.
    (6) Wire rope and loose gear obtained after October 3, 1983, and 
used for material handling shall have been tested and certificated 
before being placed into use in accordance with the provisions of 
paragraphs (a), (c), and (d) of Secs. 1919.31 and 1919.32 through 
1919.34 of this chapter as applicable. Certificates attesting to the 
required tests, inspections and examinations shall be available.
    (d) Disassembly and reassembly of equipment does not require 
recertification of the equipment provided that the equipment is 
reassembled and used in a manner consistent with its certification.
    (e) For equipment certificated in accordance with paragraph (b)(2) 
of this section and transferred to a job site in another state, the 
current certification shall remain valid until the next inspection or 
examination becomes due.
    (f) Certification procedures shall not be construed as a substitute 
for, or cause for elimination of, normal operational inspection and 
maintenance routine throughout the year.
    (g)(1) Every unit of equipment requiring quadrennial certification 
shall have had such quadrennial certification within the previous 48 
months. Equipment requiring annual certification shall have had such 
annual certification within the previous 12 months, except that no 
annual certification is required within 12 months after any required 
quadrennial certification. Annual examinations for certification may be 
accomplished up to

[[Page 238]]

one month early without effect on subsequent due dates.
    (2) When certificated equipment is out of service for 6 months or 
more beyond the due date of a certification inspection, an examination 
equivalent to an initial certification, including unit proof load test, 
shall be performed before the equipment re-enters service.
    (h) Loose gear obtained after October 3, 1983 shall bear a legible 
mark indicating that it has been tested (see paragraph(c)(6) of this 
section). Single sheave blocks shall be marked with safe working loads 
and proof test loads. Marks relating to testing shall be identifiable on 
the related certificates, which shall be available.
    (i) The certification requirements of this section do not apply to 
the following equipment:
    (1) Industrial trucks and small industrial crane trucks; and
    (2) Any straddle truck not capable of straddling two or more 
intermodal containers 16 feet (4.88 m) in width.

(Section 1917.50 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0003)

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996]



Sec. 1917.51  Hand tools.

    (a) Hand tools used by employees shall be maintained in safe 
operating condition.
    (b)(1) Hand-held portable electric tools shall be equipped with 
switches that must be manually held in a closed position to operate the 
tool.
    (2) Portable power-driven circular saws shall be equipped with 
guards above and below the base plate or shoe. The upper guard shall 
cover the saw to the depth of the teeth, except for the minimum arc 
needed to permit the base to be tilted for bevel cuts. The lower guard 
shall cover the saw to the depth of the teeth, except for the minimum 
arc needed to allow proper retraction and contact with the work. When 
the tool is withdrawn from the work, the lower guard shall automatically 
and instantly return to the covering position.
    (c) Only cutting tools shall be used to cut metal strapping or 
banding used to secure cargo.



                    Subpart D--Specialized Terminals



Sec. 1917.70  General.

    The provisions of this subpart D shall apply to specialized 
terminals in addition to any other applicable requirements of this part.



Sec. 1917.71  Terminals handling intermodal containers or roll-on roll-off operations.

    (a) Every intermodal container shall be legibly and permanently 
marked with:
    (1) The weight of the container when empty, in pounds;
    (2) The maximum cargo weight the container is designed to carry, in 
pounds; and
    (3) The sum of the weight of the container and the cargo, in pounds.
    (b) No container shall be hoisted by any crane or derrick unless the 
following conditions have been met:
    (1) The employer shall ascertain from the carrier whether a 
container to be hoisted is loaded or empty. Empty containers shall be 
identified before loading or discharge in such a manner as will inform 
every supervisor and foreman on the site and in charge of loading or 
discharging, or every crane or other hoisting equipment operator and 
signalman, if any, that such container is empty. Methods of 
identification may include cargo plans, manifests or markings on the 
container.
    (2) In the case of a loaded container:
    (i) The actual gross weight shall be plainly marked so as to be 
visible to the crane or other hoisting equipment operator or signalman, 
or to every supervisor and foreman on the site and in charge of the 
operation; or
    (ii) The cargo stowage plan or equivalent permanently recorded 
display serving the same purpose, containing the actual gross weight and 
the serial number or other positive identification of that specific 
container, shall be provided to the crane or other hoisting equipment 
operator and signalman, if any, and to every supervisor and foreman on 
the site and in charge of the operation.

[[Page 239]]

    (3) Every outbound loaded container which is received at a marine 
terminal ready to load aboard a vessel without further consolidation or 
loading shall be weighed to obtain the actual gross weight, either at 
the terminal or elsewhere, before being hoisted.
    (4)(i) When container weighing scales are located at a marine 
terminal, any outbound container with a load consolidated at that 
terminal shall be weighed to obtain an actual weight before being 
hoisted.
    (ii) If the terminal has no scales, the actual gross weight may be 
calculated on the basis of the container's contents and the container's 
empty weight. The weights used in the calculation shall be posted 
conspicuously on the container, with the name of the person making the 
calculation and the date.
    (5) Open type vehicle carrying containers and those built 
specifically and used solely for the carriage of compressed gases are 
excepted from paragraphs (b)(3) and (b)(4) of this section.
    (6) The weight of loaded inbound containers from foreign ports shall 
be determined by weighing or by the method of calculation described in 
paragraph (b)(4)(ii) or by shipping documents.
    (7) Any scale used within the United States to weigh containers for 
the purpose of the requirements of this section shall meet the accuracy 
standards of the state or local public authority in which the scale is 
located.
    (c) No container or containers shall be hoisted if its actual gross 
weight exceeds the weight marked as required in paragraph (a)(3) of this 
section, or if it exceeds the capacity of the crane or other hoisting 
device intended to be used.
    (d)(1) Marked or designated areas shall be set aside within a 
container or roll-on roll-off terminal for passage of employees to and 
from active cargo transfer points, except where transportation to and 
from those points is provided by the employer.
    (2) The employer shall direct employees to stay clear of the area 
beneath a suspended container.
    (e) Employees working in the immediate area of container handling 
equipment or in the terminal's traffic lanes shall wear high visibility 
vests, decals, reflectors or equivalent protection.
    (f) Containers shall be handled using lifting fittings or other 
arrangements suitable and intended for the purpose as set forth in 
paragraphs (i)(1) through (i)(3) of this section, except when damage to 
an intermodal container makes special means of handling necessary.
    (1) Loaded intermodal containers of 20 feet (6.1 m) or more in 
length shall be hoisted as follows:
    (i) When hoisting by the top fittings, the lifting forces shall be 
applied vertically from at least four (4) such fittings or by means 
which will safely do so without damage to the container, and using the 
lifting fittings provided.
    (ii) If hoisted from bottom fittings, the hoisting connections shall 
bear on the fittings only, making no other contact with the container. 
The angles of the four bridle legs shall not be less than 30 deg. to the 
horizontal in the case of 40 foot (12.2 m) containers, 37 deg. in the 
case of 30 foot (9.1 m) containers, and 45 deg. in the case of 20 foot 
(6.1 m) containers.
    (iii) Lifting containers by fork lift trucks or by grappling arms 
from above or from one side may be done only if the container is 
designed for this type of handling.
    (iv) Other means of hoisting may be used only if the containers and 
hoisting means are designed for such use.
    (2)(i) When using intermodal container spreaders that employ 
lanyards for activation of load disengagement, all possible precautions 
shall be taken to prevent accidental release of the load.
    (ii) Intermodal container spreader twistlock systems shall be 
designed and used so that a suspended load cannot accidentally be 
released.
    (3) Flat bed trucks or container chassis used to move intermodal 
containers shall be equipped with pins, flanges, or other means to 
prevent the container from shifting.
    (g)(1) Intermodal containers shall be inspected for defects in 
structural members or fittings before handling.
    (2) Any intermodal container found to be unsafe shall be identified 
as such, promptly removed from service and repaired before being 
returned to service.
    (h) Containers shall not be hoisted unless all engaged chassis twist 
locks are released.

[[Page 240]]



Sec. 1917.73  Terminal facilities handling menhaden and similar species of fish.

    (a)(1) Tanks in terminal areas used for receiving or storing 
brailwater for recirculating into vessel holds in discharging operations 
shall be opened or ventilated to minimize contamination of water 
circulated to the vessel. Brailwater tanks shall be thoroughly drained 
upon completion of each day's operations and shall be left open to the 
air. Drainage is unnecessary when brailwater has been treated to remove 
hydrogen sulfide-producing contaminants and the efficiency of such 
treatment has been established by the employer.
    (2) Before employees enter a dock tank, it shall first be drained, 
rinsed and tested for hydrogen sulfide and oxygen deficiency. Employees 
shall not enter the tank when the hydrogen sulfide level exceeds 20 ppm 
or oxygen content is less than 19.5 percent, except in emergencies.
    (3) Tests shall be conducted by designated personnel with suitable 
test equipment and respiratory protective equipment complying with the 
provisions of Sec. 1910.134 of this chapter.
    (b) Pipelines and hoses on the dock or terminal used for receiving 
and circulating used brailwater shall be completely drained upon 
completion of each day's operation and left open to the air.
    (c) At least four units of respiratory protective equipment 
consisting of supplied-air respirators or self-contained breathing 
apparatus complying with the requirements of Sec. 1910.134 of this 
chapter shall be available in a suitably labeled cabinet for immediate 
use in case of emergency caused by oxygen deficiency or hydrogen 
sulfide. Any employee entering a tank in an emergency shall, in addition 
to respiratory protective equipment, wear a lifeline and safety harness 
to facilitate rescue. At least two other employees, similarly equipped, 
shall be continuously stationed outside the tank to observe and to 
provide rescue services.
    (d) The plant superintendent and foremen shall be trained and 
knowledgeable about the hazards of hydrogen sulfide and oxygen 
deficiency. They shall be trained in the use of appropriate respiratory 
and other protective equipment, and in rescue procedures. Other 
supervisory plant personnel shall be informed of these hazards and 
instructed in the necessary safety measures, including use of 
respiratory and rescue equipment.
    (e) Supervisory personnel shall be on hand at dockside to supervise 
discharging of brailwater from vessels.



                     Subpart E--Personal Protection



Sec. 1917.91  Eye protection.

    (a)(1) When employees perform work hazardous to the eyes, the 
employer shall provide eye protection equipment marked or labeled as 
meeting the manufacturing specifications of American National Standards 
Practice for Occupational and Educational Eye and Face Protection, ANSI 
Z87.1-1968, and shall direct that it be used.
    (2) For employees wearing corrective spectacles, eye protection 
equipment required by paragraph (a)(1) of this section must be of a type 
which can be worn over spectacles. Prescription ground safety lenses may 
be substituted if they provide equivalent protection.
    (3) For additional requirements covering eye protection against 
radiant energy, see Sec. 1917.152(h).
    (b) Eye protection equipment shall be maintained in good condition.
    (c) Used eye protection equipment shall be cleaned and disinfected 
before reissuance to another employee.



Sec. 1917.92  Respiratory protection.

    (See Sec. 1917.1(a)(2)(viii))



Sec. 1917.93  Head protection.

    (a) The employer shall direct that employees exposed to impact, 
falling or flying objects, or electric shocks or burns wear protective 
hats.
    (b) Protective hats shall bear identifying marks or labels 
indicating compliance with the manufacturing provisions of American 
National Standard Safety Requirements for Industrial Head Protection, 
ANSI Z89.1-1969.
    (c) Protective hats previously worn shall be cleaned and disinfected 
before issuance by the employer to another employee.

[[Page 241]]



Sec. 1917.94  Foot protection.

    (a) The employer shall direct that employees exposed to impact, 
falling objects, or puncture hazards wear safety shoes, or equivalent 
protection.
    (b) Protective shoes shall bear identifying marks or labels 
indicating compliance with the manufacturing provisions of American 
National Standard for Men's Safety Toe Footwear, ANSI Z41.1-1967.



Sec. 1917.95  Other protective measures.

    (a) Protective clothing. (1) Employees performing work that requires 
special protective clothing shall be directed by the employer to wear 
the necessary special protective clothing.
    (2) When necessary, protective clothing previously worn shall be 
cleaned and disinfected before reissuance.
    (b)(1) The employer shall provide, and shall direct the wearing of 
personal flotation devices for those employees, such as line handlers, 
who are engaged in work in which they may be pulled into the water:
    (i) When such employees are working in isolation, or
    (ii) Where physical limitations of available working space creates a 
hazard of falling into the water, or
    (iii) Where the work area is obstructed by cargo or other obstacles 
so as to prevent employees from obtaining safe footing for their work.
    (2) Personal flotation devices shall be United States Coast Guard 
approved Type I PFD, Type II PFD, Type III PFD, or Type V PFD, or 
equivalent, in accordance with 46 CFR part 160 (Coast Guard Lifesaving 
Equipment Specifications) and 33 CFR 175.23 (Coast Guard table of 
devices equivalent to personal flotation devices).
    (3) Personal flotation devices shall be maintained in safe condition 
and shall be considered unserviceable when damaged so as to affect 
buoyancy or fastening capability.
    (c) Emergency facilities. When employees are exposed to hazardous 
substances which may require emergency bathing, eye washing or other 
facilities, the employer shall provide such facilities and maintain them 
in good working order.



                     Subpart F--Terminal Facilities



Sec. 1917.111  Maintenance and load limits.

    (a) The structural integrity of docks, piers, wharves, terminals and 
working surfaces shall be maintained.
    (b) Maximum safe load limits, in pounds per square foot (kilograms 
per square meter), of floors elevated above ground level, and pier 
structures over the water shall be conspicuously posted in all cargo 
areas.
    (c) Maximum safe load limits shall not be exceeded.
    (d) All walking and working surfaces in the terminal area shall be 
maintained in good repair.



Sec. 1917.112  Guarding of edges.

    (a) Vehicle protection. (1) Vehicle curbs, bull rails, or other 
effective barriers at least 6 inches (13.74 cm) in height, shall be 
provided at the waterside edges of aprons and bulkheads, except where 
vehicles are prohibited. Curbs or bull rails installed after (effective 
date of standard) shall be at least 10 inches (22.9 cm) in height.
    (2) The provisions of paragraph (a)(1) of this section also apply at 
the edge of any fixed level above the common floor area from which 
vehicles may fall, except at loading docks, platforms and skids where 
cargo is moved by vehicles.
    (b) Employee protection. (1) Guardrails shall be provided at 
locations where employees are exposed to floor or wall openings or 
waterside edges, including bridges or gangway-like structures leading to 
pilings or vessel mooring or berthing installations, which present a 
hazard of falling more than 4 feet (1.22 m) or into the water, except as 
specified in paragraph (b)(2) of this section.
    (2) Guardrails are not required:
    (i) At loading platforms and docks;
    (ii) At waterside edges used for cargo handling;
    (iii) On the working sides of work platforms, skids or similar 
workplaces; or
    (iv) On railroad rolling stock, highway vehicles, intermodal 
containers or similar equipment.
    (3) Where guardrails are impracticable due to machinery requirements 
or work processes, an alternate means of

[[Page 242]]

protecting employees from falling, such as nets, shall be used.
    (c) Criteria for guardrails. Guardrails shall meet the following 
criteria:
    (1) They shall be capable of withstanding a force of at least 200 
pounds (890 N) applied in any direction at mid-span of the top rail 
(when used), or at the uppermost point if there is no top rail.
    (2) If not of solid baluster, grillwork, slatted or similar 
construction, guardrails shall consist of top rails and midrails. 
Midrails, when used, shall be positioned at approximately half the 
height of the top rail.
    (3) The top surface of guardrails installed before October 3, 1983, 
shall be at least 36 inches (.091 m) high. Those installed after October 
3, 1983, shall be 42 inches (1.07 m), plus or minus 2 inches (5.1 cm), 
high.
    (4) Any non-rigid railing such as chain or wire rope shall have a 
maximum sag limit at the mid-point between posts of not more than 6 
inches (15.2 cm).
    (5) Top rails shall be free of puncture and laceration hazards.
    (6) Rail ends shall not overhang to constitute a hazard, but this 
does not prohibit scrollwork, boxed ends or similar non-hazardous 
projections.
    (d) Toeboards. Toeboards shall be provided when employees below 
could be exposed to falling objects such as tools. Toeboards shall be at 
least 3\1/2\ inches (8.9 cm) in height from top edge to floor level, and 
be capable of withstanding a force of 50 pounds (220 N) applied in any 
direction. Drainage clearance under toeboards is permitted.
    (e) Stair railings. Stair railings shall be capable of withstanding 
a force of at least 200 pounds (890 N) applied in any direction, and 
shall not be more than 36 inches (0.9 m) nor less than 32 inches (0.8 m) 
in height from the upper top rail surface to the tread surface in line 
with the leading edge of the tread. Railings and midrails shall be 
provided at any stairway having four or more risers, as follows:
    (1) For stairways less than 44 inches (1.12 m) wide, at least one 
railing; and
    (2) For stairways more than 44 inches (1.12 m) but less than 88 
inches (2.24 m) wide, a stair rail or handrail on each side, and if 88 
or more inches wide, an additional intermediate handrail.
    (f) Condition. Railings shall be maintained free of sharp edges and 
in good repair.



Sec. 1917.113  Clearance heights.

    Clearance heights shall be prominently posted where the height is 
insufficient for vehicles and equipment.



Sec. 1917.114  Cargo doors.

    (a) Mechanically operated. (1) Cargo door counterweights shall be 
guarded.
    (2) Lift trucks and cranes shall not be used to move mechanically 
operated doors except when necessary during repair on the doors, in 
which case ropes or other guarding shall be provided to prevent entry 
into the area where the door may fall or slide.
    (3) Vertically operated doors partially opened for work or 
ventilation shall be secured to prevent accidental closing.
    (b) Tackle operated. (1) The door shall be connected to its lifting 
tackle with shackles or equally secure means.
    (2) Lifting bridles and tackles shall have a safety factor of five, 
based upon maximum anticipated static loading conditions.
    (3) Devices shall be provided to hold overhead doors in the open 
position and to secure them when closed.
    (4) Lifting gear and hardware shall be maintained in safe condition.
    (5) Lifting ropes, when used, shall be placed out of the work area 
and off the floor.
    (c) Horizontal sliding. (1) Horizontal sliding door rollers shall be 
constructed to prevent the door from jumping from overhead tracks.
    (2) Sliding doors shall be secured to prevent them from swinging.



Sec. 1917.115  Platforms and skids.

    (a) Platforms and skids extending from piers, transit sheds or lofts 
and used for landing or hooking on drafts shall be provided at the open 
sides with guardrails meeting the requirements of Sec. 1917.112(c) or 
alternate means, such as nets, to protect employees against falls.
    (b) Any employee working below a second-story platform or skid shall 
be protected from falling objects by a net

[[Page 243]]

stretched from the platform or skid to the vessel.
    (c) Platforms and skids shall be strong enough to bear the loads 
handled and shall be maintained in safe condition. Safe working loads, 
which shall be posted or marked on or adjacent to platforms and skids, 
shall have a minimum safety factor of five for any part, based upon 
maximum anticipated static loading conditions and the ultimate strength 
of the construction material.
    (d) The employer shall provide and maintain platform and skid 
attachments that will prevent accidental movement of the skid or 
platform.



Sec. 1917.116  Elevators and escalators.

    (a) ``Elevator'' means a permanent hoisting and lowering mechanism 
with a car or platform moving vertically in guides and serving two or 
more floors of a structure. The term excludes such devices as conveyors, 
tiering or piling machines, material hoists, skip or furnace hoists, 
wharf ramps, lift bridges, car lifts and dumpers.
    (b) ``Escalator'' means a power-driven continuous moving stairway 
principally intended for the use of persons.
    (c) No elevator or escalator with a defect which affects safety 
shall be used.
    (d) Elevator safety devices shall not be overridden or made 
inoperable.
    (e) Elevators and escalators shall be thoroughly inspected at 
intervals not exceeding one year. Additional monthly inspections for 
satisfactory operation shall be conducted by designated persons. Records 
of the results of the latest annual elevator inspections shall be posted 
in elevators. Records of annual escalator inspections shall be posted in 
the vicinity of the escalator or be available at the terminal.
    (f) Elevator landing openings shall be provided with doors, gates or 
equivalent protection which shall be in place when the elevator is not 
at that landing, to prevent employees from falling into the shaft.
    (g) The elevator's or escalator's maximum load limits shall be 
posted and not exceeded. Elevator load limits shall be posted 
conspicuously both inside and outside of the car.
    (h) Elevators shall be operated only by designated persons except 
for automatic or door interlocking elevators which provide full shaft 
door closing and automatic car leveling.

[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61 
FR 5509, Feb. 13, 1996]



Sec. 1917.117   Manlifts.

    (a) Inspection. Manlifts shall be inspected monthly by a designated 
person. Safety switches shall be checked weekly. Manlifts found to be 
unsafe shall not be operated until repaired. Inspections shall include 
at least the following:
    (1) Step fastenings;
    (2) Rails;
    (3) Rail supports and fastenings;
    (4) Roller and slides;
    (5) Belt and belt tension;
    (6) Handholds and fastenings;
    (7) Floor landings;
    (8) Guardrails;
    (9) Lubrication;
    (10) Safety switches;
    (11) Warning signs and lights;
    (12) Illumination;
    (13) Drive pulley;
    (14) Bottom (boot) pulley and clearance;
    (15) Pulley supports;
    (16) Motor;
    (17) Drive mechanism;
    (18) Brake;
    (19) Electrical switches;
    (20) Vibration and misalignment;
    (21) ``Skip'' on up or down run when mounting the step (indicating 
worn gears); and
    (22) Emergency exit ladders.
    (b) Inspection records. Inspection records shall be kept for at 
least one year. The record of the most recent inspection shall be posted 
in the vicinity of the manlift or in the terminal.
    (c) Emergency stop. An emergency stop device shall be available 
within easy reach from any position on the belt.
    (d) Instructions. Manlift use instructions shall be conspicuously 
posted.
    (e) Top floor warning sign and light. An illuminated sign and red 
light that are visible to the user shall be provided under the top floor 
opening of the manlift to warn the user to get off at that floor.

[[Page 244]]

    (f) Bottom floor warning sign. A sign visible to descending 
passengers shall be provided to warn them to get off at the bottom 
floor.
    (g) Upper limit stop. An automatic stop device shall be provided to 
stop the manlift when a loaded step passes the top landing, except that 
manlifts installed after October 3, 1983 shall have two such devices.
    (h) Handholds and steps. Each step shall be provided with a 
corresponding handhold.
    (i) Emergency ladder. A fixed emergency ladder accessible from any 
position on the lift and in accordance with the requirements of 
Sec. 1917.119(d) shall be provided for the entire run of the manlift.
    (j) Landings. (1) Clear and unobstructed landing spaces shall be 
provided at each level. Manlifts constructed after October 3, 1983 and 
that have a distance of 50 feet (15.24 m) or more between floor landings 
shall have an emergency landing every 25 feet (7.62 m) or less of 
manlift travel.
    (2) Open sides of emergency landings shall be protected by 
guardrails.
    (3) Floor landing entrances and exits shall be guarded by mazes, 
self-closing gates, or equivalent devices.
    (4) Landings shall be of sufficient size and strength to support 250 
pounds (1120 N).
    (k) Floor opening guards. The ascending sides of manlift floor 
openings shall be provided with cones or bevel guards to direct the user 
through the openings.
    (l) Maintenance. Manlifts shall be equipped, maintained, and used in 
accordance with the manufacturer's specifications, which shall be 
available at the terminal.
    (m) Bottom pulley. (1) The lower pulley shall be supported by the 
lowest landing.
    (2) Sides of the bottom pulley support shall be guarded to prevent 
contact with the pulley or the steps.
    (n) Top clearance. A clearance of at least 11 feet (3.3 m) shall be 
provided between the top landing and the ceiling.
    (o) Brakes. Manlifts shall be equipped with brakes that are:
    (1) Self-engaging;
    (2) Electrically released; and
    (3) Capable of stopping and holding the manlift when the descending 
side is loaded with the maximum rated load.



Sec. 1917.118  Fixed ladders.

    (a) Scope and applicability. This section applies to all fixed 
ladders except:
    (1) Ladders forming an integral part of railway cars, highway 
carriers, cargo containers or other transportation carrier equipment;
    (2) Climbing devices such as step bolts or structural members of 
tanks and towers;
    (3) Ladders built into or vertically attached to tubular scaffold 
framing; and
    (4) Ladders used only for fire-fighting or emergency purposes.
    (b) Definitions. (1) Cage (basket guard) means a barrier enclosing 
or nearly enclosing a ladder's climbing space and fastened to one or 
both of the ladder's side rails or to another structure.
    (2) Fixed ladder means a ladder, including individual rung ladders, 
permanently attached to a structure, building or piece of equipment.
    (3) Ladder safety device means a support system limiting an 
employee's drop or fall from the ladder, and which may incorporate 
friction brakes, lifelines and lanyards, or sliding attachments.
    (4) Well means a permanent complete enclosure around a fixed ladder, 
which is attached to the walls of the well.
    (c) Defects. (1) Ladders with broken, split or missing rungs, steps 
or rails, broken welds or connections, corrosion or wastage or other 
defect which may affect safe use shall be removed from service.
    (2) Ladder repairs shall provide strength at least equivalent to 
that of the original ladder.
    (d) Ladder specifications. (1)(i) Ladders installed before October 
3, 1983, shall be capable of withstanding without damage a minimum 
concentrated load, applied uniformly over a 3\1/2\ inch (8.8 cm) width 
at the rung center, of 200 pounds (890 N).
    (ii) Ladders installed after October 3, 1983 shall be capable of 
withstanding 250 pounds (1120 N) applied as described in paragraph 
(d)(l)(i) of this section. If used by more than one employee 
simultaneously, the ladder as a unit shall be

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capable of simultaneous additional loading in 250 pound (1120 N) 
increments for each additional employee, applied to a corresponding 
number of rungs. The unit shall have a safety factor of four (4), based 
on ultimate strength, in the designed service.
    (2)(i) Ladders installed before October 3, 1983 shall have runs 
evenly spaced from 9 to 16\1/2\ inches (22.9 to 41.9 cm) apart, center 
to center.
    (ii) Ladders installed after October 3, 1983 shall have rungs evenly 
spaced from 122 inches (305 cm) apart, center to 
center.
    (3)(i) Ladders installed before October 3, 1983 shall have a width 
between side rails of at least 10 inches (25.4 cm).
    (ii) Ladders installed after October 3, 1983 shall have a width 
between side rails of at least 12 inches (30.48 cm).
    (4) The minimum distance between the rung center line and the 
nearest permanent object behind the rung shall be 4 inches (10.2 cm), 
except that in ladders installed after October 3, 1983, the minimum 
distance shall be 7 inches (17.8 cm) unless physical limitations make a 
lesser distance, not less than 4\1/2\ inches (11.5 cm), necessary.
    (5) When a ladder passes through an opening or past overhead 
obstructions, a minimum 24 inch (.61 m) clearance shall exist between 
the climbing side and any obstruction. Where this distance is less than 
30 inches (0.76 m), a deflection device shall be installed for guidance 
through the opening.
    (6) The side rails of ladders shall extend at least 36 inches (0.91 
m) above the top landing surface, unless grab bars or equivalent holds 
are provided.
    (7) Ladders whose pitch exceeds 90 deg. to the horizontal (slanting 
backward on the climbing side) shall not be used.
    (e) Protection against falls. (1) Fixed ladders more than 20 feet 
(6.1 m) in height shall be provided with a cage, well, or ladder safety 
device.
    (2) When a well or cage is used, ladders with length of climb 
exceeding 30 feet (9.14 m) shall comply with the following provisions:
    (i) The ladder shall consist of multiple sections not exceeding 30 
feet (9.14 m) each;
    (ii) Each section shall be horizontally offset from adjacent 
sections, except as specified in paragraph (e)(2)(iv) of this section, 
and
    (iii) A landing platform capable of supporting a load of 100 pounds 
per square foot (4.79 kPa) and fitted with guardrails complying with 
Sec. 1917.112(c) shall be provided at least every 30 feet (9.1 m), 
except as specified in paragraph (e)(2)(iv) of this section.
    (iv) For ladders installed after October 3, 1983, offset sections 
and landing platforms are not required if hinged platforms capable of 
supporting 100 pounds per square foot (4.79 kPa), and which are kept 
closed except when opened for passage, are within the cage or well at 
intervals not exceeding 30 feet (9.14 m).
    (3) Ladders equipped with ladder safety devices shall have rest 
platforms;
    (i) Capable of supporting a load of 100 pounds per square foot (4.79 
kPa);
    (ii) Located at intervals of 150 feet (46 m) or less; and
    (iii) Protected by guardrails complying with Sec. 1917.112(c) of 
three sides.
    (4) Where used, ladder safety devices shall:
    (i) Be installed and maintained in accordance with the 
manufacturer's instructions, which shall be available for inspection;
    (ii) Be repaired only with replacement parts having performance 
capability at least equal to that of the original parts;
    (iii) Have a connection length between carrier centerlines and 
safety belts of 102 inches (25.45.08 cm); and
    (iv) Be installed in a manner that does not reduce the ladder's 
structural capability.
    (5) Ladder cages or wells shall:
    (i) Be of rigid construction that allows unobstructed use but 
prevents an employee from falling through or dislodging the cage or well 
by falling against it;
    (ii) Have smooth inner surfaces;
    (iii) Extend at least 36 inches (0.9m) above landings; and
    (iv) Extend to within 8 feet (2.4 m) above the ground or base, 
except that a maximum of 20 feet (6.1 m) is permitted where the cage or 
well would extend into traffic lanes.
    (6) Ladders installed after (effective date of standard) on radio, 
microwave communications, electrical power and

[[Page 246]]

similar towers, poles and structures, including stacks and chimneys, 
shall meet the requirements of this paragraph (e).
    (f) Individual rung ladders. Ladders consisting of individual rungs 
that are attached to walls, conical manhole sections or river cells 
shall:
    (1) Be capable of supporting a load of 350 pounds (1557 N) without 
deformation;
    (2) Form a continuous ladder, uniformly spaced vertically from 12 
inches to 16 inches (30.5 to 41 cm) apart, with a minimum width of 10 
inches (25.4 cm), and projecting at least 4\1/2\ inches (1 cm) from the 
wall;
    (3) Be so constructed that an employee's foot cannot slide off the 
ends; and
    (4) Be firmly attached and without sharp edges.



Sec. 1917.119  Portable ladders.

    (a) Scope and applicability. This section applies to all portable 
ladders, including job-made ladders for temporary use, unless otherwise 
specified.
    (b) Standards for existing manufactured portable ladders. (1) Rungs 
of manufactured portable ladders obtained before October 3, 1983 shall 
be capable of supporting a 200 pound (896 N) load without deformation.
    (2) Rungs shall be evenly spaced from 9 to 16\1/2\ inches (22.9 to 
41.9 cm), center to center.
    (3) Rungs shall be continuous members between rails. Each rung of a 
double-rung ladder (two side rails and a center rail) shall extend the 
full width of the ladder.
    (4) Width between side rails at the base of the ladder shall be at 
least 12 inches (30 cm) for ladders 10 feet (3.05 m) or less in overall 
length, and shall increase at least \1/4\ inch (0.6 cm) for each 
additional 2 feet (0.61 m) of ladder length.
    (c) Standards for manufactured portable ladders. Portable 
manufactured ladders obtained after October 3, 1983 shall bear 
identification indicating that they meet the appropriate ladder 
construction requirements of the following standards:

ANSI A14.1-1981  Safety Requirements for Portable Wood Ladders
ANSI A14.2-1982  Safety Requirements for Portable Metal Ladders
ANSI A14.5-1981  Safety Requirements for Portable Reinforced Plastic 
Ladders

    (d) Standards for job-made portable ladders. Job-made ladders shall:
    (1) Have a minimum and uniform distance between rungs of 12 inches 
(30 cm), center to center;
    (2) Are capable of supporting a 250 pound (1100 N) load without 
deformation; and
    (3) Have a minimum width between side rails of 12 inches (30 cm) for 
ladders 10 feet (3.05 m) in height. Width between rails shall increase 
at least \1/4\ inch (0.6 cm) for each additional 2 feet (0.61 m) of 
ladder length.
    (e) Maintenance and inspection. (1) The employer shall maintain 
portable ladders in safe condition. Ladders with the following defects 
shall not be used and either shall be tagged as unusable if kept on the 
premises or shall be removed from the worksite:
    (i) Broken, split or missing rungs, cleats or steps;
    (ii) Broken or split side rails;
    (iii) Missing or loose bolts, rivets or fastenings;
    (iv) Defective ropes; or
    (v) Any other structural defect.
    (2) Ladders shall be inspected for defects prior to each day's use, 
and after any occurrence, such as a fall, which could damage the ladder.
    (f) Ladder usage. (1) Ladders made by fastening rungs or devices 
across a single rail are prohibited.
    (2) Ladders shall not be used:
    (i) As guys, braces or skids; or
    (ii) As platforms, runways or scaffolds.
    (3) Metal and wire-reinforced ladders with wooden side rails shall 
not be used when employees on the ladder might come into contact with 
energized electrical conductors.
    (4) Individual sections from different multi-sectional ladders or 
two or more single straight ladder shall not be tied or fastened 
together to achieve additional length.
    (5) Except for combination ladders, self-supporting ladders shall 
not be used as single straight ladders.
    (6) Unless intended for cantilever operation, non-self-supporting 
ladders shall not be used to climb above the top support point.

[[Page 247]]

    (7) Ladders shall extend at least 36 inches (0.91 m) above the upper 
support level if employees are to leave or mount the ladder at that 
level, except that where such extension is impractical other equivalent 
means such as grab bars may be used to provide a hand grip.
    (8) Ladders shall be securely positioned on a level and firm base.
    (9) Ladders shall be fitted with slip-resistant bases and secured at 
top or bottom to prevent the ladder from slipping.
    (10) The employer shall direct that ladders shall be placed so that 
employees climbing are not exposed to injury from projecting objects or 
doors that open toward the ladder.



Sec. 1917.120  Fixed stairways.

    (a) Definition. ``Fixed stairway'' means interior and exterior 
stairs serving machinery, tanks and equipment, and stairs to or from 
floors, platforms or pits. The term does not apply to stairs intended 
only for fire exit purposes, to articulated stairs (the angle of which 
changes with the rise and fall of the base support) or to stairs forming 
an intergral part of machinery.
    (b) New installations. (1) Fixed stairs installed after October 3, 
1983 shall be positioned within the range of 30 deg. to 50 deg. to the 
horizontal with uniform riser height and tread width throughout each run 
and be capable of a minimum loading of 100 pounds per square foot (448 
N) and a minimum concentrated load of 300 pounds (1344 N) at the center 
of any treadspan. Riser height shall be from 6 to 7.5 inches (15.2 to 
19.0 cm), stair width a minimum of 22 inches (56 cm) between vertical 
barriers, tread depth a minimum of 122 inches 
(30.485.08 cm), and tread nosing shall be straight leading 
edges.
    (2) Stair landings shall be at least 20 inches (51 cm) in depth. 
Where doors or gates open on a stairway, a landing platform shall be 
provided. Door swing shall not reduce effective standing area on the 
landing to less than 18 inches (45.7 cm) in depth.
    (3) Fixed stairs having four or more risers shall have stair 
railings or handrails complying with Sec. 1917.112(c)(1).
    (4) Railing height from tread surface at the riser face shall be 
333 inches (837.6 cm).
    (5) Restricted areas. When physical features require stairs steeper 
than those provided for by paragraph (b)(1) of this section, stairs at 
angles of 50 deg. to 75 deg. from the horizontal may be used if they:
    (i) Are capable of a single concentrated load of 200 pounds (890 N) 
at the tread centers;
    (ii) Have open treads at least 4 inches (10.2 cm) in depth and 18 
inches (45.7 cm) in width with a uniformly spaced vertical rise between 
treads of 6 to 9.5 inches (15.2 to 24.1 cm); and
    (iii) Have handrails that meet the requirements of 
Sec. 1917.112(c)(1) on both sides and that are not less than 30 inches 
(76.2 cm) in height from the tread surface at the riser face.
    (6) Maintenance. Fixed stairways shall be maintained in safe 
condition and shall not be obstructed.



Sec. 1917.121  Spiral stairways.

    (a) Definition. ``Spiral stairway'' means one with closed circular 
form, uniform sector-shaped treads and a supporting column.
    (b) Requirements. Spiral stairways shall meet the following 
requirements:
    (1) Stairways shall conform to the minimum dimensions of Figure F-1;
    [GRAPHIC] [TIFF OMITTED] TC21OC91.020
    

                   Spiral Stairway--Minimum Dimensions                  
------------------------------------------------------------------------
                                     A (Half-tread                      
                                        width)                 B        
------------------------------------------------------------------------
Normal use by employees.........  11 inches (27.9     6 inches (15.2    
                                   cm).                cm).             

[[Page 248]]

                                                                        
Limited access..................  9 inches (22.9 cm)  5 inches (12.7    
                                                       cm).             
------------------------------------------------------------------------

    (2) Stairway risers shall be uniform and shall range from 6\1/2\ to 
10\1/2\ inches (16.5 to 26.7 cm) in height;
    (3) Minimum loading capability shall be 100 pounds per square foot 
(448 N), and minimum tread center concentrated loading shall be 300 
pounds (1344 N);
    (4) Railings shall conform to the requirements of 
Sec. 1917.112(c)(1). If balusters are used, there shall be a minimum of 
one per tread. Handrails shall be a minimum of 1\1/4\ inches (3.3 cm) in 
outside diameter; and
    (5) Vertical clearance shall be at least 6 feet, 6 inches (1.98 m) 
above the top step.
    (c) Maintenance. Spiral stairways shall be maintained in safe 
condition.



Sec. 1917.122  Employee exits.

    (a) Employee exits shall be clearly marked.
    (b) If an employee exit is not visible from employees' work 
stations, directional signs indicating routes to the exit shall be 
posted.
    (c) Exits shall be readily accessible and sufficient in number to 
provide employees with a convenient means of escape in emergencies. A 
clear passage to the exit shall be maintained.
    (d) The minimum width of any employee exit shall be 28 inches (71.1 
cm).



Sec. 1917.123  Illumination.\7\

---------------------------------------------------------------------------

    \7\ The United States Coast Guard, at 33 CFR 126.15(1) and (n), and 
33 CFR 154.570 sets out requirements for illumination at ``designated 
waterfront facilities'' and ``large oil transfer facilities.''
---------------------------------------------------------------------------

    (a) Working and walking areas shall be illuminated. Unless 
conditions described in the regulations of the United States Coast Guard 
(33 CFR 126.15(1) and (n), and 33 CFR 154.570) exist in the case of 
specific operations, illumination in active work areas (for example, 
cargo transfer points) shall be of an average minimum light intensity of 
5 foot-candles. The illumination in other work areas (for example, farm 
areas) shall be of an average minimum light intensity of 1 foot-candle 
except for security purposes when a minimum light intensity of \1/2\ 
foot-candle shall be maintained. Where occasional work tasks require 
more light than that which is consistently and permanently provided, 
supplemental lighting shall be used.
    (b) The lighting intensity shall be measured at the task/working 
surface, in the plane in which the task/working surface is present.
    (c) Lights shall, so far as possible, be placed so that they will 
not shine in the eyes of employees.



Sec. 1917.124  Passage between levels and across openings.

    (a) General. The employer shall provide safe means of passage 
between different surface levels and across openings.
    (b) Definitions. Dockboards (car and bridge plates) mean devices for 
spanning short distances between rail cars or highway vehicles and 
loading platforms which do not expose employees to falls greater than 4 
feet (1.2 m).
    Ramps mean other flat-surface devices for passage between levels and 
across openings not covered under ``dockboards.''
    (c) Dockboards (car and bridge plates). (1) Dockboards shall be 
strong enough to support the loads imposed on them.
    (2) Portable dockboards shall be anchored in position or be equipped 
with devices to prevent their movement.
    (3) Hand holds or other effective means shall be provided on 
portable dockboards to permit safe handling.
    (4) Positive means shall be used to prevent railcars or highway 
vehicles from being moved while dockboards or bridge plates are in 
position.
    (d) Ramps. (1) Ramps shall be strong enough to support the loads 
imposed on them, provided with sideboards, properly secured and well 
maintained.
    (2) Ramps shall be equipped with a guardrail meeting the requirement 
of Sec. 1917.112(c)(1) if the slope is more than 20 degrees to the 
horizontal or if employees could fall more than 4 feet (1.2 m).
    (3) Ramps shall have slip-resistant surfaces.

[[Page 249]]

    (4) When necessary to prevent displacement by vehicle wheels, steel 
plates or similar devices used to temporarily bridge or cover uneven 
surfaces or tracks, shall be anchored.



Sec. 1917.125  Guarding temporary hazards.

    Ditches, pits, excavations and surfaces in poor repair shall be 
guarded by readily visible barricades, rails or other equally effective 
means.



Sec. 1917.126  River banks.

    (a) This section applies to temporary installations or temporary 
operations near a river bank.
    (b) Where working surfaces at river banks slope so steeply that an 
employee could slip or fall into the water, the employer shall ensure 
that the outer perimeter of the working surface is protected by posting 
or other portable protection such as roping off, and that employees wear 
a personal flotation device meeting the requirements of Sec. 1917.95(c).



Sec. 1917.127  Sanitation.

    (a) Washing and toilet facilities. (1) The employer shall provide 
accessible washing and toilet facilities sufficient for the sanitary 
requirements of employees. The facilities shall have:
    (i) Running water, including hot and cold or tepid water at a 
minimum of one accessible location (when cargo handling is conducted at 
locations without permanent facilities, potable water may be provided in 
lieu of running water);
    (ii) Soap;
    (iii) Individual hand towels, clean individual sections of 
continuous toweling or warm air blowers; and
    (iv) Fixed or portable toilets in separate compartments with latch-
equipped doors. Separate toilet facilities shall be provided for male 
and female employees except when toilet rooms will be occupied by only 
one person at a time.
    (2) Washing and toilet facilities shall be regularly cleaned and 
maintained in good order.
    (b) Drinking water. (1) Potable drinking water shall be accessible 
to employees at all times.
    (2) Potable drinking water containers shall be clean, containing 
only water and ice, and shall be fitted with covers.
    (3) Common drinking cups are prohibited.
    (c) Prohibited eating areas. Consumption of food or beverages in 
areas where hazardous materials are being stored or handled shall be 
prohibited.
    (d) Garbage and overboard discharges. Work shall not be conducted in 
the immediate vicinity of uncovered garbage or in the way of overboard 
discharges from the vessel's sanitary lines unless employees are 
protected from the garbage or discharge by a baffle or splash boards.



Sec. 1917.128  Signs and marking.

    (a) General. Signs required by this part shall be clearly worded and 
legible, and shall contain a key word or legend indicating the reason 
for the sign.
    (1) Key words are such words as Danger, Warning, Caution.
    (2) Legends are more specific explanations such as High Voltage, 
Close Clearance, Pedestrian Crossing.
    (b) Specific. Every marine terminal shall have conspicuously posted 
signs as follows:
    (1) Locations of first aid facilities;
    (2) Locations of telephones;
    (3) Telephone numbers of the closest ambulance service, hospital or 
other source of medical attention, police, fire department, and 
emergency squad (if any); and
    (4) Locations of firefighting and emergency equipment and fire 
exits.



          Subpart G--Related Terminal Operations and Equipment



Sec. 1917.151  Machine guarding.

    (a) Definition. ``Guarded'' means shielded, fenced, or enclosed by 
covers, casings, shields, troughs, spillways or railings, or guarded by 
position or location. Examples of guarding methods are guarding by 
location (positioning hazards so they are inaccessible to employees) and 
point of operation guarding (using barrier guards, two-hand tripping 
devices, electronic safety devices, or other such devices).

[[Page 250]]

    (b) General. (1) Danger zones on machines and equipment used by 
employees shall be guarded.
    (2) Where chips and dust produced by machine operation may result in 
a hazard to the operator, the machinery shall be equipped with an 
effective exhaust system at the point of origin, or other equally 
effective means shall be provided to protect the operator.
    (3) Fixed machinery shall be secured to prevent shifting.
    (4) A power cut-off device for machinery and equipment shall be 
provided at the operator's working position.
    (5) Machines driven by belts and shafting shall be fitted with a 
belt-locking or equivalent protective device if the belt can be shifted.
    (6) In operations where injury to the operator might result if 
motors were to restart after power failures, provisions shall be made to 
prevent machines from automatically restarting upon restoration of 
power.
    (7) The power supply to machines shall be turned off, locked out, 
and tagged out during repair, adjustment, or servicing.
    (8) Machines shall be maintained in a safe working condition.
    (9) Only designated employees shall maintain or repair machinery and 
equipment.
    (10) Machines with defects that affect the safety of operation shall 
not be used.
    (c) Hand-fed circular ripsaws and hand-fed circular crosscut table 
saws. Unless fixed or manually adjustable enclosures or guarding 
provides equivalent protection, hand-fed circular ripsaws and hand-fed 
circular crosscut table saws shall be guarded as follows to keep 
employees clear of any danger zones:
    (1) They shall be equipped with hoods completely enclosing those 
portions of the saw above the table and the material being cut;
    (2) They shall have spreaders to prevent material from squeezing the 
saw. Spreaders shall be in true alignment with the saw. Spreaders may be 
removed only during grooving, dadoing, or rabbeting operations, and 
shall be replaced at the completion of such operations; and
    (3) They shall have non-kickback fingers or dogs to oppose the 
tendency of the saw to pick up material or throw material toward the 
operator.
    (d) Swing cutoff saws. (1) Swing cutoff saws shall have hoods 
completely enclosing the upper half of the saw, the arbor end and the 
point of operation at all saw positions to protect the operator from 
material thrown up by the saw. The hood shall automatically cover the 
lower portion of the blade, so that when the saw returns to the back of 
the table the hood rises on top of the fence, and when the saw is moved 
forward the hood drops on top, remaining in contact with the table or 
the material.
    (2) Swing cutoff saws shall have a device to return the saw 
automatically to the back of the table without rebound. The device shall 
not be dependent upon rope, cord or springs.
    (3) Devices shall be provided to prevent saws from swinging beyond 
the front or back edges of the table.
    (4) Inverted swing cutoff saws shall have hoods covering the part of 
the saw protruding above the table top or the material being cut. Hoods 
shall automatically adjust to the thickness of, and remain in contact 
with, material being cut.
    (e) Radial saws. Unless fixed or manually adjustable enclosures or 
guards provide equivalent protection, radial saws shall be guarded as 
follows:
    (1) The upper hood of radial saws shall enclose the upper portion of 
the blade up to and including the end of the saw arbor and shall protect 
the operator from being struck by debris. The sides of the lower exposed 
portion of the blade shall be guarded to the blade diameter by a device 
automatically adjusting to the thickness of the stock and remaining in 
contact with the stock. The lower guard may be removed only when the saw 
is used for bevel cuts;
    (2) Radial saws used for ripping shall have non-kickback fingers or 
dogs on both sides to oppose the thrust or tendency of the saw to pick 
up material or throw material toward the operator;
    (3) Adjustable stop shall be provided to prevent travel of radial 
saw blades beyond the table's edge;

[[Page 251]]

    (4) Radial saws shall be installed so that the cutting head returns 
to the starting position without rebound when released; and
    (5) The employer shall direct that employees perform ripping and 
ploughing against the saw turning direction. Rotation direction and an 
indication of the end of the saw to be used shall be conspicuously 
marked on the hood.
    (f) Band saws and band resaws. (1) Saw blades and band saw wheels 
shall be enclosed or guarded, except for the working portion of the 
blade between the bottom of the guide rolls and the table, to protect 
employees from point-of-operation hazards and flying debris.
    (2) Band saws shall be equipped with brakes to stop the band saw 
wheel if the blade breaks.
    (3) Band saws shall be equipped with a tension control device to 
keep the blade taut.
    (g) Abrasive wheels and machinery. (1) Abrasive wheels shall be used 
only on machines having enclosure guards to restrain pieces of grinding 
wheels and to protect employees if the wheel breaks, except as provided 
in paragraphs (g)(2) and (g)(3) of this section. Where the operator must 
stand in front of the safety guard opening, the safety guard shall be 
adjustable or have an adjustable tongue or piece at the top of the 
opening. The safety guard or the tongue shall be adjusted so that they 
are always close to the periphery of the wheel. Guards shall be aligned 
with the wheel and the strength of fastenings shall be greater than the 
strength of the guard.
    (2) When the work provides equivalent protection, or when the 
machine is designed as a portable saw, guards may be constructed with 
the spindle end, nut and outer flange exposed. When the work entirely 
covers the side of the wheel, the side covers of the guard may be 
removed.
    (3) Guarding is not required:
    (i) For wheels used for internal work while the wheel is contained 
within the work being ground; or
    (ii) For mounted wheels 2 inches (5 cm) and smaller in diameter used 
in portable operations.
    (4) Work rests shall be used on fixed grinding machines. Work rests 
shall be rigidly constructed and adjustable for wheel wear. They shall 
be adjusted closely to the wheel with a maximum opening of \1/8\-inch 
(3.2 mm) and shall be securely clamped. Adjustment shall not be made 
while the wheel is in motion.
    (5) Grinding wheels shall fit freely on the spindle. The spindle nut 
shall be tightened only enough to hold the wheel in place.
    (6) Grinding machine wheels shall turn at a speed that is compatible 
with the rated speed of the wheel.
    (7) Flanges and blotters shall be used only with wheels designed for 
their use. Flanges shall be of a type ensuring retention of pieces of 
the wheel in case of breakage.
    (8) Abrasive wheels with operational defects shall not be used.
    (h) Rotating parts, drives and connections. (1) Rotating parts, such 
as gears and pulleys, that are located 7 feet (2.1 m) or less above 
working surfaces shall be guarded to prevent employee contact with 
moving parts.
    (2) Belt, rope and chain drives shall be guarded to prevent 
employees from coming into contact with moving parts.
    (3) Gears, sprockets and chains shall be guarded to prevent 
employees from coming into contact with moving parts. This requirement 
does not apply to manually operated sprockets.



Sec. 1917.152  Welding, cutting and heating (hot work).\8\

---------------------------------------------------------------------------

    \8\The United States Coast Guard, at 33 CFR 126.15(c), requires 
prior permission of the Captain of the Port if welding or other hot work 
is to be carried out at a facility where dangerous cargoes as defined by 
33 CFR 126.07 are located or being handled.
---------------------------------------------------------------------------

    (a) Definition. ``Hot work'' means riveting, welding, flame cutting 
or other fire or spark-producing operation.
    (b) Hot work in confined spaces. Hot work shall not be performed in 
a confined space until a designated person has tested the atmosphere and 
determined that it is not hazardous.
    (c) Fire protection. (1) To the extent possible, hot work shall be 
performed in designated locations that are free of fire hazards.
    (2) When hot work must be performed in a location that is not free 
of fire hazards, all necessary precautions shall

[[Page 252]]

be taken to confine heat, sparks, and slag so that they cannot contact 
flammable or combustible material.
    (3) Fire extinguishing equipment suitable for the location shall be 
immediately available and shall be maintained in readiness for use at 
all times.
    (4) When the hot work operation is such that normal fire prevention 
precautions are not sufficient, additional personnel shall be assigned 
to guard against fire during hot work and for a sufficient time after 
completion of the work to ensure that no fire hazard remains. The 
employer shall instruct all employees involved in hot work operations as 
to potential fire hazards and the use of firefighting equipment.
    (5) Drums and containers which contain or have contained flammable 
or combustible liquids shall be kept closed. Empty containers shall be 
removed from the hot work area.
    (6) When openings or cracks in flooring cannot be closed, 
precautions shall be taken to ensure that no employees or flammable or 
combustible materials on the floor below are exposed to sparks dropping 
through the floor. Similar precautions shall be taken regarding cracks 
or holes in walls, open doorways and open or broken windows.
    (7) Hot work shall not be performed:
    (i) In flammable or potentially flammable atmospheres:
    (ii) On or in equipment or tanks that have contained flammable gas 
or liquid or combustible liquid or dust-producing material, until a 
designated person has tested the atmosphere inside the equipment or 
tanks and determined that it is not hazardous; or
    (iii) Near any area in which exposed readily ignitable materials 
such as bulk sulphur, baled paper or cotton are stored. Bulk sulphur is 
excluded from this prohibition if suitable precautions are followed, the 
person in charge is knowledgeable and the person performing the work has 
been instructed in preventing and extinguishing sulphur fires.
    (8)(i) Drums, containers or hollow structures that have contained 
flammable or combustible substances shall either be filled with water or 
cleaned, and shall then be ventilated. A designated person shall test 
the atmosphere and determine that it is not hazardous before hot work is 
performed on or in such structures.
    (ii) Before heat is applied to a drum, container or hollow 
structure, an opening to release built-up pressure during heat 
application shall be provided.
    (d) Gas welding and cutting. (1) Compressed gas cylinders:
    (i) Shall have valve protection caps in place except when in use, 
hooked up or secured for movement. Oil shall not be used to lubricate 
caps;
    (ii) Shall be hoisted only while secured, as on a cradle or pallet, 
and shall not be hoisted by magnet, choker sling or cylinder caps;
    (iii) Shall be moved only by tilting or rolling on their bottom 
edges;
    (iv) Shall be secured when moved by vehicle;
    (v) Shall be secured while in use;
    (vi) Shall have valves closed when cylinders are empty, being moved 
or stored;
    (vii) Shall be secured upright except when hoisted or carried;
    (viii) Shall not be freed when frozen by prying the valves or caps 
with bars or by hitting the valve with a tool;
    (ix) Shall not be thawed by boiling water;
    (x) Shall not be exposed to sparks, hot slag, or flame;
     (xi) Shall not be permitted to become part of electrical circuits 
or have electrodes struck against them to strike arcs;
     (xii) Shall not be used as rollers or supports;
     (xiii) Shall not have contents used for purposes not authorized by 
the supplier;
     (xiv) Shall not be used if damaged or defective;
     (xv) Shall not have gases mixed within, except by gas suppliers;
     (xvi) Shall be stored so that oxygen cylinders are separated from 
fuel gas cylinders and combustible materials by either a minimum 
distance of 20 feet (6 m) or a barrier having a fire-resistance rating 
of 30 minutes; and
     (xvii) Shall not have objects that might either damage the safety 
device or obstruct the valve placed on top of the cylinder when in use.
     (2) Use of fuel gas. Fuel gas shall be used only as follows:

[[Page 253]]

     (i) Before regulators are connected to cylinder valves, the valves 
shall be opened slightly (cracked) and closed immediately to clear away 
dust or dirt. Valves shall not be cracked if gas could reach possible 
sources of ignition;
     (ii) Cylinder valves shall be opened slowly to prevent regulator 
damage and shall not be opened more than 1\1/2\ turns. Any special 
wrench required for emergency closing shall be positioned on the valve 
stem during cylinder use. For manifolded or coupled cylinders, at least 
one wrench shall be immediately available. Nothing shall be placed on 
top of a cylinder or associated parts when the cylinder is in use.
     (iii) Pressure-reducing regulators shall be attached to cylinder 
valves when cylinders are supplying torches or devices equipped with 
shut-off valves;
     (iv) Cylinder valves shall be closed and gas released from the 
regulator or manifold before regulators are removed;
     (v) Leaking fuel gas cylinder valves shall be closed and the gland 
nut tightened. If the leak continues, the cylinder shall be tagged, 
removed from service, and moved to a location where the leak will not be 
hazardous. If a regulator attached to a valve stops a leak, the cylinder 
need not be removed from the workplace but shall be tagged and may not 
be used again before it is repaired; and
     (vi) If a plug or safety device leaks, the cylinder shall be 
tagged, removed from service, and moved to a location where the leak 
will not be hazardous.
     (3) Hose. (i) Fuel gas and oxygen hoses shall be easily 
distinguishable from each other by color or sense of touch. Oxygen and 
fuel hoses shall not be interchangeable. Hoses having more than one gas 
passage shall not be used.
     (ii) When oxygen and fuel gas hoses are taped together, not more 
than four (4) of each 12 inches (10.2 cm of each 30.5 cm) shall be 
taped.
     (iii) Hose shall be inspected before use. Hose subjected to 
flashback or showing evidence of severe wear or damage shall be tested 
to twice the normal working pressure but not less than 200 p.s.i. 
(1378.96 kPa) before reuse. Defective hose shall not be used.
     (iv) Hose couplings shall not unlock or disconnect without rotary 
motion.
     (v) Hose connections shall be clamped or securely fastened to 
withstand twice the normal working pressure but not less than 300 p.s.i. 
(2068.44 kPa) without leaking.
     (vi) Gas hose storage boxes shall be ventilated.
     (4) Torches. (i) Torch tip openings shall only be cleaned with 
devices designed for that purpose.
     (ii) Torches shall be inspected before each use for leaking shut-
off valves, hose couplings and tip connections. Torches with such 
defects shall not be used.
     (iii) Torches shall not be lighted from matches, cigarette 
lighters, other flames or hot work.
     (5) Pressure regulators. Pressure regulators, including associated 
gauges, shall be maintained in safe working order.
     (6) Operational precaution. Gas welding equipment shall be 
maintained free of oil and grease.
     (e) Arc welding and cutting. (1) Manual electrode holders. (i) The 
employer shall ensure that only manual electrode holders intended for 
arc welding and cutting and capable of handling the maximum current 
required for such welding or cutting shall be used.
     (ii) Current-carrying parts passing through those portions of the 
holder gripped by the user and through the outer surfaces of the jaws of 
the holder shall be insulated against the maximum voltage to ground.
     (2) Welding cables and connectors. (i) Arc welding and cutting 
cables shall be insulated, flexible and capable of handling the maximum 
current required by the operations, taking into account the duty cycles.
     (ii) Only cable free from repair or splice for 10 feet (3 m) from 
the electrode holder shall be used unless insulated connectors or 
splices with insulating quality equal to that of the cable are provided.
    (iii) When a cable other than the lead mentioned in paragraph 
(e)(2)(ii) of this section wears and exposes bare conductors, the 
portion exposed shall not be used until it is protected by insulation 
equivalent in performance capacity to the original.

[[Page 254]]

    (iv) Insulated connectors of equivalent capacity shall be used for 
connecting or splicing cable. Cable lugs, where used as connectors, 
shall provide electrical contact. Exposed metal parts shall be 
insulated.
    (3) Ground returns and machine grounding. (i) Ground return cables 
shall have current-carrying capacity equal to or exceeding the total 
maximum output capacities of the welding or cutting units served.
    (ii) Structures or pipelines, other than those containing gases or 
flammable liquids or conduits containing electrical circuits, may be 
used in the ground return circuit if their current-carrying capacity 
equals or exceeds the total maximum output capacities of the welding or 
cutting units served.
    (iii) Structures or pipelines forming a temporary ground return 
circuit shall have electrical contact at all joints. Arcs, sparks or 
heat at any point in the circuit shall cause rejection as a ground 
circuit.
    (iv) Structures or pipelines acting continuously as ground return 
circuits shall have joints bonded and maintained to ensure that no 
electrolysis or fire hazard exists.
    (v) Arc welding and cutting machine frames shall be grounded, either 
through a third wire in the cable containing the circuit conductor or 
through a separate wire at the source of the current. Grounding circuits 
shall have resistance low enough to permit sufficient current to flow to 
cause the fuse or circuit breaker to interrupt the current.
    (vi) Ground connections shall be mechanically and electrically 
adequate to carry the current.
    (4) When electrode holders are left unattended, electrodes shall be 
removed and holders placed to prevent employee injury.
    (5) Hot electrode holders shall not be dipped in water.
    (6) The employer shall ensure that when arc welders or cutters leave 
or stop work or when machines are moved, the power supply switch shall 
be kept in the off position.
    (7) Arc welding or cutting equipment having a functional defect 
shall not be used.
    (8)(i) Arc welding and cutting operations shall be separated from 
other operations by shields, screens, or curtains to protect employees 
in the vicinity from the direct rays and sparks of the arc.
    (ii) Employees in areas not protected from the arc by screening 
shall be protected by appropriate filter lenses in accordance with 
paragraph (h) of this section. When welders are exposed to their own arc 
or to each other's arc, they shall wear filter lenses complying with the 
requirements of paragraph (h) of this section.
    (9) The control apparatus of arc welding machines shall be enclosed, 
except for operating wheels, levers, and handles.
    (10) Input power terminals, top change devices and live metal parts 
connected to imput circuits shall be enclosed and accessible only by 
means of insulated tools.
    (11) When arc welding is performed in wet or high-humidity 
conditions, employees shall use additional protection, such as rubber 
pads or boots, against electric shock.
    (f) Ventilation and employee protection in welding, cutting and 
heating--(1) Mechanical ventilation requirements. The employer shall 
ensure that general mechanical ventilation or local exhaust systems 
shall meet the following requirements:
    (i) General mechanical ventilation shall maintain vapors, fumes and 
smoke below a hazardous level.
    (ii) Local exhaust ventilation shall consist of movable hoods 
positioned close to the work and shall be of such capacity and 
arrangement as to keep breathing zone concentrations below hazardous 
levels.
    (iii) Exhausts from working spaces shall be discharged into the open 
air, clear of intake air sources;
    (iv) Replacement air shall be clean and respirable; and
    (v) Oxygen shall not be used for ventilation, cooling or cleaning 
clothing or work areas.
    (2) Hot work in confined spaces. Except as specified in paragraphs 
(f)(3)(ii) and (f)(3)(iii) of this section, when hot work is performed 
in a confined space the employer shall ensure that:

[[Page 255]]

    (i) General mechanical or local exhaust ventilations shall be 
provided; or
    (ii) Employees in the space shall wear supplied air respirators in 
accordance with Sec. 1910.134 and a standby on the outside shall 
maintain communication with employees inside the space and shall be 
equipped and prepared to provide emergency aid.
    (3) Welding, cutting or heating of toxic metals. (i) In confined or 
enclosed spaces, hot work involving the following metals shall only be 
performed with general mechanical or local exhaust ventilation that 
ensures that employees are not exposed to hazardous levels of fumes:
    (A) Lead base metals;
    (B) Cadmium-bearing filler materials; and
    (C) Chromium-bearing metals or metals coated with chromium-bearing 
materials.
    (ii) In confined or enclosed spaces, hot work involving the 
following metals shall only be performed with local exhaust ventilation 
meeting the requirements of paragraph (f)(1) of this section or by 
employees wearing supplied air respirators in accordance with 
Sec. 1910.134;
    (A) Zinc-bearing base or filler metals or metals coated with zinc-
bearing materials;
    (B) Metals containing lead other than as an impurity, or coated with 
lead-bearing materials;
    (C) Cadmium-bearing or cadmium-coated base metals; and
    (D) Metals coated with mercury-bearing materials.
    (iii) Employees performing hot work in confined or enclosed spaces 
involving beryllium-containing base or filler metals shall be protected 
by local exhaust ventilation and wear supplied air respirators or self-
contained breathing apparatus, in accordance with the requirements of 
Sec. 1910.134.
    (iv) The employer shall ensure that employees performing hot work in 
the open air that involves any of the metals listed in paragraphs 
(f)(3)(i) and (f)(3)(ii) of this section shall be protected by 
respirators in accordance with the requirements of Sec. 1910.134, and 
those working on beryllium-containing base or filler metals shall be 
protected by supplied air respirators, in accordance with the 
requirements of Sec. 1910.134.
    (v) Any employee exposed to the same atmosphere as the welder or 
burner shall be protected by the same type of respiratory and other 
protective equipment as that worn by the welder or burner.
    (4) Inert-gas metal-arc welding. Employees shall not engage in and 
shall not be exposed to the inert-gas metal-arc welding process unless 
the following precautions are taken:
    (i) Chlorinated solvents shall not be used within 200 feet (61 m) of 
the exposed arc. Surfaces prepared with chlorinated solvents shall be 
thoroughly dry before welding is performed on them.
    (ii) Employees in areas not protected from the arc by screening 
shall be protected by appropriate filter lenses in accordance with the 
requirements of paragraph (h) of this section. When welders are exposed 
to their own arc or to each other's arc, filter lenses complying with 
the requirements of paragraph (h) of this section shall be worn to 
protect against flashes and radiant energy.
    (iii) Employees exposed to radiation shall have their skin covered 
completely to prevent ultraviolet burns and damage. Helmets and hand 
shields shall not have leaks, openings or highly reflective surfaces.
    (iv) Inert-gas metal-arc welding on stainless steel shall not be 
performed unless exposed employees are protected either by local exhaust 
ventilation or by wearing supplied air respirators.
    (g) Welding, cutting and heating on preservative coatings. (1) 
Before hot work is commenced on surfaces covered by a preservative 
coating of unknown flammability, a test shall be made by a designated 
person to determine the coating's flammability. Preservative coatings 
shall be considered highly flammable when scrapings burn with extreme 
rapidity.
    (2) Appropriate precaution shall be taken to prevent ignition of 
highly flammable hardened preservative coatings. Highly flammable 
coatings shall be stripped from the area to be heated. An uncoiled fire 
hose with fog nozzle, under pressure, shall be immediately available in 
the hot work area.

[[Page 256]]

    (3) Surfaces covered with preservative coatings shall be stripped 
for at least 4 inches (10.2 cm) from the area of heat application or 
employees shall be protected by supplied air respirators in accordance 
with the requirements of Sec. 1910.134.
    (h) Protection against radiant energy. (1) Employees shall be 
protected from radiant energy eye hazards by spectacles, cup goggles, 
helmets, hand shields or face shields with filter lenses complying with 
the requirements of this paragraph.
    (2) Filter lenses shall have an appropriate shade number, as 
indicated in Table G-1, for the work performed. Variations of one or two 
shade numbers are permissible to suit individual preferences.
    (3) If filter lenses are used in goggles worn under the helmet, the 
shade numbers of both lenses equals the value shown in Table G-1 for the 
operation.

     Table G-1--Filter Lenses for Protection Against Radiant Energy     
------------------------------------------------------------------------
                 Operation                            Shade No.         
------------------------------------------------------------------------
Soldering.................................  2.                          
Torch Brazing.............................  3 or 4.                     
Light cutting, up to 1 inch...............  3 or 4.                     
Medium cutting, 1-6 inches................  4 or 5.                     
Heavy cutting, over 6 inches..............  5 or 6.                     
Light gas welding, up to \1/8\ inch.......  4 or 5.                     
Medium gas welding, \1/8\-\1/2\ inch......  5 or 6.                     
Heavy gas welding, over \1/2\ inch........  6 or 8.                     
Shielded Metal-Arc Welding 1/16 to 5/32-    10                          
 inch electrodes.                                                       
Inert-gas Metal-Arc Welding (Non-ferrous)   11.                         
 1/16- to 5/32-inch electrodes.                                         
Shielded Metal-Arc Welding:                                             
  3/16- to \1/4\-inch electrodes..........  12.                         
  5/16- and \3/8\-inch electrodes.........  14.                         
------------------------------------------------------------------------



Sec. 1917.153  Spray painting.

    (a) Scope. This section covers painting operations connected with 
maintenance of structures, equipment and gear at the marine terminal and 
of transient equipment serviced at the terminal. It does not apply to 
overall painting of terminal structures under construction, major repair 
or rebuilding of terminal structures, or portable spraying apparatus not 
used regularly in the same location.
    (b) Definitions. (1) Spraying area means any area where flammable 
vapors, mists or combustible residues, dusts or deposits may be present 
due to paint spraying operations.
    (2) Spray booth means an enclosure containing a flammable or 
combustible spraying operation and confining and limiting the escape of 
paint, vapor and residue by means of a powered exhaust system.
    (3) Approved means, for the purpose of this section, that the 
equipment has been approved for the specified use by a nationally 
recognized testing laboratory.
    (c) Spray painting requirements for indoor and outdoor spraying 
areas and booths. (1) Shut-off valves, containers or piping with 
attached hoses or flexible connections shall have shut-off valves closed 
at the connection when not in use.
    (2) Pumps used to transfer paint supplies shall have automatic 
pressure-relieving devices.
    (3) Hoses and couplings shall be inspected before use. Hoses showing 
deterioration, leakage or weakness in the carcass or at the couplings 
shall be removed from service.
    (4)(i) No open flame or spark-producing equipment shall be within 20 
feet (6 m) of a spraying area unless it is separated from the spraying 
area by a fire-retardant partition.
    (ii) Hot surfaces shall not be located in spraying areas.
    (iii) Whenever combustible residues may accumulate on electrical 
installations, wiring shall be in rigid conduit or in boxes containing 
no taps, splices or connections.
    (iv) Portable electric lights shall not be used during spraying 
operations. Lights used during cleaning or repairing operations shall be 
approved for the location in which they are used.
    (5) When flammable or combustible liquids are being transferred 
between containers, both containers shall be bonded and grounded.
    (6)(i) Spraying shall be performed only in designated spray booths 
or spraying areas.
    (ii) Spraying areas shall be kept as free from combustible residue 
accumulations as practicable.
    (iii) Residue scrapings, debris, rags, and waste shall be removed 
from the spraying area as they accumulate.

[[Page 257]]

    (7) Spraying with organic peroxides and other dual-component 
coatings shall only be conducted in sprinkler-equipped spray booths.
    (8) Only the quantity of flammable or combustible liquids required 
for the operation shall be allowed in the spraying area, and in no case 
shall the amount exceed a one-day supply.
    (9) Smoking shall be prohibited and ``No Smoking'' signs shall be 
posted in spraying and paint storage areas.
    (d) Additional requirements for spraying areas and spray booths. (1) 
Distribution or baffle plates shall be of noncombustible material and 
shall be removable or accessible for cleaning. They shall not be located 
in exhaust ducts.
    (2) Any discarded filter shall be removed from the work area or 
placed in water.
    (3) Filters shall not be used when the material being sprayed is 
highly susceptible to spontaneous heating and ignition.
    (4) Filters shall be noncombustible or of an approved type. The same 
filter shall not be used when spraying with different coating materials 
if the combination of materials may spontaneously ignite.
    (5) Spraying areas shall be mechanically ventilated for removal of 
flammable and combustible vapor and mist.
    (6) Mechanical ventilation shall be in operation during spraying 
operations and long enough thereafter to exhaust hazardous vapor 
concentrations.
    (7) Rotating fan elements shall be nonsparking or the casing shall 
consist of or be lined with nonsparking material.
    (8) Piping systems conveying flammable or combustible liquids to the 
spraying booth or area shall be made of metal and be both bonded and 
grounded.
    (9) Air exhausted from spray operations shall not contaminate makeup 
air or other ventilation intakes. Exhausted air shall not be 
recirculated unless it is first cleaned of any hazardous contaminants.
    (10) Original closed containers, approved portable tanks, approved 
safety cans or a piping system shall be used to bring flammable or 
combustible liquids into spraying areas.
    (11) If flammable or combustible liquids are supplied to spray 
nozzles by positive displacement pumps, the pump discharge line shall 
have a relief valve discharging either to a pump section or detached 
location, or the line shall be equipped with a device to stop the prime 
mover when discharge pressure exceeds the system's safe operating 
pressure.
    (12) Wiring, motors and equipment in a spray booth shall be of 
approved explosion-proof type for Class I, Group D locations and conform 
to subpart S of part 1910 of this chapter for Class I, Division 1, 
Hazardous Locations. Wiring, motors and equipment within 20 feet (6m) of 
any interior spraying area and not separated by vapor-tight partitions 
shall not produce sparks during operation and shall conform to the 
requirements of subpart S of part 1910 of this chapter for Class I, 
Division 2, Hazardous Locations.
    (13) Outside electrical lights within 10 feet (3m) of spraying areas 
and not separated from the areas by partitions shall be enclosed and 
protected from damage.
    (e) Additional requirements for spray booths. (1) Spray booths shall 
be substantially constructed of noncombustible material and have smooth 
interior surfaces. Spray booth floors shall be covered with 
noncombustible material. As an aid to cleaning, paper may be used to 
cover the floor during painting operations if it is removed after the 
painting is completed.
    (2) Spray booths shall be separated from other operations by at 
least 3 feet (0.91m) or by fire-retardant partitions or walls.
    (3) A space of at least 3 feet (0.91m) on all sides of the spray 
booth shall be maintained free of storage or combustible materials.
    (4) Metal parts of spray booths, exhaust ducts, piping and airless 
high-pressure spray guns and conductive objects being sprayed shall be 
grounded.
    (5) Electric motors driving exhaust fans shall not be located inside 
booths or ducts.
    (6) Belts shall not enter ducts or booths unless the belts are 
completely enclosed.
    (7) Exhaust ducts shall be made of steel, shall have sufficient 
access doors

[[Page 258]]

to permit cleaning, and shall have a minimum clearance of 18 inches 
(0.46m) from combustible materials. Any installed dampers shall be fully 
opened when the ventilating system is operating.
    (8) Spray booths shall not be alternately used to spray different 
types of coating materials if the combination of the materials may 
spontaneously ignite unless deposits of the first material are removed 
from the booth and from exhaust ducts before spraying of the second 
material begins.



Sec. 1917.154   Compressed air.

    Employees shall be protected by chip guarding and personal 
protective equipment complying with the provisions of subpart E of this 
part during cleaning with compressed air. Compressed air used for 
cleaning shall not exceed a pressure of 30 psi. Compressed air shall not 
be used to clean employees.



Sec. 1917.155  Air receivers.

    (a) Application. This section applies to compressed air receivers 
and equipment used for operations such as cleaning, drilling, hoisting 
and chipping. It does not apply to equipment used to convey materials or 
in such transportation applications as railways, vehicles or cranes.
    (b) Gauges and valves. (1) Air receivers shall be equipped with 
indicating pressure gauges and spring-loaded safety valves. Safety 
valves shall prevent receiver pressure from exceeding 110 percent of the 
maximum allowable working pressure.
    (2) No other valves shall be placed between air receivers and their 
safety valves.



Sec. 1917.156  Fuel handling and storage.

    (a) Liquid fuel. (1) Only designated persons shall conduct fueling 
operations.
    (2) In case of spillage, filler caps shall be replaced and spillage 
disposed of before engines are started.
    (3) Engines shall be stopped and operators shall not be on the 
equipment during refueling operations.
    (4) Smoking and open flames shall be prohibited in areas used for 
fueling, fuel storage or enclosed storage of equipment containing fuel.
    (5) Equipment shall be refueled only at designated locations.
    (6) Liquid fuels not handled by pump shall be handled and 
transported only in portable containers or equivalent means designed for 
that purpose. Portable containers shall be metal, have tight closures 
with screw or spring covers and shall be equipped with spouts or other 
means to allow pouring without spilling. Leaking containers shall not be 
used.
    (7) Flammable liquids may be dispensed in the open from a tank or 
from other vehicles equipped for delivering fuel to another vehicle only 
if:
    (i) Dispensing hoses do not exceed 50 feet (15.2 m) in length; and
    (ii) Any powered dispensing nozzles used are of the automatic-
closing type.
    (8) Liquid fuel dispensing devices shall be provided with an easily 
accessible and clearly identified shut-off device, such as a switch or 
circuit breaker, to shut off the power in an emergency.
    (9) Liquid fuel dispensing devices, such as pumps, shall be mounted 
either on a concrete island or be otherwise protected against collision 
damage.
    (b) Liquefied gas fuels--(1) Fueling locations. (i) Liquefied gas 
powered equipment shall be fueled only at designated locations.
    (ii) Equipment with permanently mounted fuel containers shall be 
charged outdoors.
    (iii) Equipment shall not be fueled or stored near underground 
entrances, elevator shafts or other places where gas or fumes might 
accumulate.
    (2) Fuel containers. (i) When removable fuel containers are used, 
the escape of fuel when containers are exchanged shall be minimized by:
    (A) Automatic quick-closing couplings (closing in both directions 
when uncoupled) in fuel lines; or
    (B) Closing fuel container valves and allowing engines to run until 
residual fuel is exhausted.
    (ii) Pressure-relief valve openings shall be in continuous contact 
with the vapor space (top) of the cylinder.
    (iii) Fuel containers shall be secured to prevent their being jarred 
loose, slipping or rotating.

[[Page 259]]

    (iv) Containers shall be located to prevent damage to the container. 
If located within a compartment, that compartment shall be vented. 
Containers near the engine or exhaust system shall be shielded against 
direct heat radiation.
    (v) Container installation shall provide the container with at least 
the vehicle's road clearance under maximum spring deflection, which 
shall be to the bottom of the container or to the lowest fitting on the 
container or housing, whichever is lower.
    (vi) Valves and connections shall be protected from contact damage. 
Permanent protection shall be provided for fittings on removable 
containers.
    (vii) Defective containers shall be removed from service.
    (3) Fueling operations. (i) To the extent applicable, fueling 
operations for liquefied gas fuels shall also comply with paragraph (a) 
of this section.
    (ii) Using matches or flames to check for leaks is prohibited.
    (iii) Containers shall be examined before recharging and again 
before reuse for the following:
    (A) Dents, scrapes and gouges of pressure vessels;
    (B) Damage to valves and liquid level gauges;
    (C) Debris in relief valves;
    (D) Leakage at valves or connection; and
    (E) Deterioration or loss of flexible seals in filling or servicing 
connections.
    (4) Fuel storage. (i) Stored fuel containers shall be located to 
minimize exposure to excessive temperatures and physical damage.
    (ii) Containers shall not be stored near exits, stairways or areas 
normally used or intended for egress.
    (iii) Outlet valves of containers in storage or transport shall be 
closed. Relief valves shall connect with vapor spaces.
    (5) Vehicle storage and servicing. (i) Liquefied gas fueled vehicles 
may be stored or serviced inside garages or shops only if there are no 
fuel system leaks.
    (ii) Liquefied gas fueled vehicles under repair shall have container 
shut-off valves closed unless engine operation is necessary for repairs.
    (iii) Liquefied gas fueled vehicles shall not be parked near open 
flames, sources of ignition or unventilated open pits.



Sec. 1917.157  Battery charging and changing.

    (a) Only designated persons shall change or charge batteries.
    (b) Battery charging and changing shall be performed only in areas 
designated by the employer.
    (c) Smoking and other ignition sources are prohibited in charging 
areas.
    (d) Filler caps shall be in place when batteries are being moved.
    (e) Parking brakes shall be applied before batteries are charged or 
changed.
    (f) When a jumper battery is connected to a battery in a vehicle, 
the ground lead shall connect to ground away from the vehicle's battery. 
Ignition, lights and accessories on the vehicle shall be turned off 
before connections are made.
    (g) Batteries shall be free of corrosion buildup and cap vent holes 
shall be open.
    (h) Adequate ventilation shall be provided during charging.
    (i) Facilities for flushing the eyes, body and work area with water 
shall be provided wherever electrolyte is handled, except that this 
requirement does not apply when employees are only checking battery 
electrolyte levels or adding water.
    (j) Carboy tilters or siphons shall be used to handle electrolyte in 
large containers.
    (k) Battery handling equipment which could contact battery terminals 
or cell connectors shall be insulated or otherwise protected.
    (l) Metallic objects shall not be placed on uncovered batteries.
    (m) When batteries are being charged, the vent caps shall be in 
place.
    (n) Charges shall be turned off when leads are being connected or 
disconnected.
    (o) Installed batteries shall be secured to avoid physical or 
electrical contact with compartment walls or components.

[[Page 260]]



Sec. 1917.158  Prohibited operations.

    (a) Spray painting and abrasive blasting operations shall not be 
conducted in the vicinity of cargo handling operations.
    (b) Welding and burning operations shall not be conducted in the 
vicinity of cargo handling operations unless such hot work is part of 
the cargo operation.



PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING--Table of Contents




                      Subpart A--General Provisions

Sec.
1918.1  Purpose and authority.
1918.2  Scope and responsibility.
1918.3  Definitions.
1918.4--1918.5  [Reserved]
1918.6  Standards incorporated by reference.
1918.7  [Reserved]
1918.8  Amendment of this part.

               Subpart B--Gangways and Gear Certification

1918.11  Gangways.
1918.12  Gear certification.
1918.13  Certification of shore-based material handling devices.
1918.14  Container cranes.
1918.15  Effective date of Secs. 1918.13 and 1918.14.

                       Subpart C--Means of Access

1918.21  Gangways and other means of access.
1918.22  Jacob's ladders.
1918.23  Access of barges and river towboats.
1918.24  Bridge plates and ramps.
1918.25  Ladders.

                       Subpart D--Working Surfaces

1918.31  Hatch coverings.
1918.32  Stowed cargo and temporary landing platforms.
1918.33  Deck loads.
1918.34  Skeleton decks.
1918.35  Open hatches.
1918.36  Weather deck rails.
1918.37  Barges.
1918.38  Freshly oiled decks.

                 Subpart E--Opening and Closing Hatches

1918.41  Coaming clearances.
1918.42  Beam and pontoon bridles.
1918.43  Handling beams and covers.

                  Subpart F--Ship's Cargo Handling Gear

1918.51  General requirements.
1918.52  Specific requirements.
1918.53  Cargo winches.
1918.54  Rigging gear.
1918.55  Cranes.

   Subpart G--Cargo Handling Gear and Equipment Other Than Ship's Gear

1918.61  General.
1918.62  Fiber rope and fiber rope slings.
1918.63  Wire rope and wire rope slings.
1918.64  Chains and chain slings.
1918.65  Shackles.
1918.66  Hooks other than hand hooks.
1918.67  Pallets.
1918.68  Chutes, gravity conveyors and rollers.
1918.69  Powered conveyors.
1918.70  Portable stowing winches.
1918.71  Rain tents.
1918.72  Tools.
1918.73  Mechanically-powered vehicles used aboard vessels.
1918.74  Cranes and derricks other than vessel's gear.
1918.75  Notifying ship's officers before using certain equipment.
1918.76  Grounding.

                        Subpart H--Handling Cargo

1918.81  Slinging.
1918.82  Building drafts.
1918.83  Stowed cargo, tiering and breaking down.
1918.84  Bulling cargo.
1918.85  Containerized cargo.
1918.86  Hazardous cargo.

                  Subpart I--General Working Conditions

1918.90  Hazard communication.
1918.91  Housekeeping.
1918.92  Illumination.
1918.93  Ventilation and atmospheric conditions.
1918.94  Sanitation and drinking water.
1918.95  Longshoring operations in the vicinity of repair and 
          maintenance work.
1918.96  First aid and life saving equipment.
1918.97  Qualification of machinery operators.
1918.98  Grain fitting.
1918.99  Commercial diving operations.
1918.100  Retention of DOT markings, placards and labels.

                Subpart J--Personal Protective Equipment

1918.101  Eye protection.
1918.102  Respiratory protection.
1918.103  Protective clothing.
1918.104  Foot protection.
1918.105  Head protection.
1918.106  Protection against drowning.

Appendix I to Part 1918--Cargo Gear Register and Certificates


[[Page 261]]


Subject Index for 29 CFR 1918--Longshoring

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act 
(33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 
FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), 
as applicable; 29 CFR part 1911.

    Section 1918.90 also issued under 5 U.S.C. 553 and 29 CFR part 1911.
    Section 1918.100 also issued under Sec. 29, Hazardous Materials 
Transportation Uniform Safety Act of 1990 (Public Law 101-615, 104 Stat. 
3244 (49 U.S.C. 1801-1819, 5 U.S.C. 553, and 29 CFR part 1911).

    Source: 39 FR 22074, June 19, 1974, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 1918.1   Purpose and authority.

    (a) The Longshoremen's and Harbor Workers' Compensation Act (44 
Stat. 1424; 33 U.S.C. 901 et seq.) provides compensation for injuries 
suffered by employees when they are working for private employers within 
the Federal maritime jurisdiction on the navigable waters of the United 
States, including dry docks. Pub. L. 85-742, 72 Stat. 835, approved 
August 23, 1958, which amends section 41 of the Longshoremen's and 
Harbor Workers' Compensation Act, as amended (44 Stat. 1444; 33 U.S.C. 
941) requires, among other things, that every employer of the 
aforementioned employees ``shall install, furnish, maintain, and use 
such devices and safeguards with particular reference to equipment used 
by and working conditions established by such employers as the Secretary 
may determine by regulation or order to be reasonably necessary to 
protect the life, health, and safety of such employees, and to render 
safe such employment and places of employment, and to prevent injury to 
his employees.'' It is the purpose of the regulations of this part to 
carry out the intent of Pub. L. 85-742.
    (b) Pursuant to Pub. L. 85-742 the regulations of this part do not 
make determinations with respect to matters under the control of the 
U.S. Coast Guard within the scope of Title 52 of the Revised Statutes 
and Acts supplementary or amendatory thereto (46 U.S.C. 1-1388, passim), 
including, but not restricted to, the master, ship's officers, crew 
members, design, construction and maintenance of the vessel, its gear 
and equipment; to matters within the regulatory authority of the U.S. 
Coast Guard to safeguard vessels, harbors, ports, and waterfront 
facilities under the provisions of the Espionage Act of June 15, 1917, 
as amended (40 Stat. 220; 50 U.S.C. 191 et seq.; 22 U.S.C. 401 et seq.) 
or to matters within the regulatory authority of the U.S. Coast Guard 
with respect to lights, warning devices, safety equipment and other 
matters relating to the promotion of safety of lives and property under 
section 4(e) of the Outer Continental Shelf Lands Act of August 7, 1953 
(67 Stat. 462; 43 U.S.C. 1333).



Sec. 1918.2   Scope and responsibility.

    (a) The responsibility for compliance with the regulations of this 
part is placed upon ``employers'' as defined in Sec. 1918.3(c).
    (b) It is not the intent of the regulations of this part to place 
additional responsibilities or duties on owners, operators, agents or 
masters of vessels unless such persons are acting as employers, nor is 
it the intent of these regulations to relieve such owners, operators, 
agents or masters of vessels from responsibilities or duties now placed 
upon them by law, regulation or custom.



Sec. 1918.3   Definitions.

    (a) The term shall indicates provisions which are mandatory.
    (b) The term Secretary means the Secretary of Labor.
    (c) The term employer means an employer any of whose employees are 
employed, in whole or in part, in longshoring operations or related 
employments, as defined herein within the Federal maritime jurisdiction 
on the navigable waters of the United States.
    (d) The term employee means any longshoreman, or other person 
engaged in longshoring operations or related employments, within the 
Federal maritime jurisdiction on the navigable waters of the United 
States, other than the master, ship's officers, crew of the vessel, or 
any person engaged by the master to load or unload any vessel under 18 
net tons.

[[Page 262]]

    (e) The term vessel includes every description of watercraft or 
other artificial contrivance used or capable of being used as a means of 
transportation on water, including special purpose floating structures 
not primarily designed for or used as a means of transportation on 
water.
    (f) The term public vessel means a vessel owned and operated by a 
government and not regularly employed in merchant service.
    (g) For the purposes of Secs. 1918.11, 1918.23, 1918.35, 1918.37, 
1918.43(f) (2), and 1918.106, the term barge means an unpowered, flat 
bottom, shallow draft vessel including river barges, scows, carfloats, 
and lighters. For the purposes of these sections the term does not 
include ship shaped or deep draft barges.
    (h) For purposes of Secs. 1918.11 and 1918.23, the term river 
towboat means a shallow draft, low freeboard, self propelled vessel 
designed to tow river barges by pushing ahead. For purposes of these 
sections the term does not include other towing vessels.
    (i) The term longshoring operations means the loading, unloading, 
moving, or handling of cargo, ship's stores, gear, etc., into, in, on, 
or out of any vessel on the navigable waters of the United States.
    (j) The term related employments means any employments performed as 
an incident to or in conjunction with longshoring operations including, 
but not restricted to, securing cargo, rigging, and employment as a 
porter, checker, or watchman.
    (k) The term gangway means any ramp-like or stair-like means of 
access provided to enable personnel to board or leave a vessel, 
including accommodation ladders, gangplanks and brows.
    (l) The term bulling means the horizontal dragging of cargo across a 
surface with none of the weight of the cargo supported by the fall.
    (m) For the purpose of Sec. 1918.12 the term ship's cargo handling 
gear includes that gear which is a permanent part of the vessel's 
equipment and which is used for the handling of cargo other than bulk 
liquids, but does not include gear which is used only for handling or 
holding hoses, handling ship's stores or handling the gangway, or boom 
conveyor belt systems for the self-unloading of bulk cargo vessels.
    (n) For purposes of the regulations in this part the terms beam or 
strongback mean a portable transverse or longitudinal beam which is 
placed across a hatchway and acts as a bearer to support the hatch 
covers.
    (o) For the purposes of Secs. 1918.23(b) (2) and 1918.106(b) the 
term Mississippi River System includes the Mississippi River from the 
head of navigation to its mouth, and navigable tributaries including the 
Illinois Waterway, Missouri River, Ohio River, Tennessee River, 
Allegheny River, Cumberland River, Green River, Kanawha River, 
Monongahela River, and such others to which barge operations extend.
    (p) For the purpose of Sec. 1918.106(b) the term Gulf Intracoastal 
Waterway means the system of that name extending from St. Marks, Fla., 
to Brownsville and Harlingen, Tex., and including the Pearl River, 
Tombigbee River, Apalachicola River, Flint River, and such other 
navigable tributaries to which barge operations extend.
    (q) The term small trimming hatch means a small hatch or opening, 
pierced in the 'tween-deck or other intermediate deck of a vessel and 
intended for the trimming of dry bulk cargoes. It does not refer to the 
large hatchways through which cargo is normally handled.
    (r) For the purpose of Sec. 1918.13 only--
    (1) The term crane means a mechanical device intended for lifting or 
lowering a load and moving it horizontally, in which the hoisting 
mechanism is an integral part of the machine. A crane may be a fixed or 
mobile machine.
    (2) The term derrick means a mechanical device intended for lifting, 
with or without a boom supported at its head by a topping lift from a 
mast, fixed A frame, or similar structure. The mast or equivalent member 
may or may not be supported by guys or braces. The boom, where fitted, 
may or may not be controlled in the horizontal plane by guys (vangs). 
The term shall include shear legs.
    (3) The term bulk cargo spout means a spout, which may or may not be 
telescopic and may or may not have removable sections, but is suspended 
over

[[Page 263]]

the vessel from some overhead structure by wire rope or other means. 
Such a spout is often used with a thrower or trimming machine. A grain 
loading spout is an example of spouts covered by this definition.
    (4) The term bulk cargo sucker means a pneumatic conveyor which 
utilizes a spout-like device, which may be adjustable vertically and/or 
laterally, and which is suspended over a vessel from some overhead 
structure by wire rope or other means. An example of an installation of 
this nature is the grain sucker used to discharge grain from barges.
    (5) Unless otherwise specifically required, the terms defined in 
this paragraph shall not include, and the provisions of Sec. 1918.13 
shall not apply to, the following equipment:
    (i) Small industrial crane trucks as described and illustrated in 
American National Standards Institute, B56.1, 1959, ``Safety Code for 
Powered Industrial Trucks.''
    (ii) Huletts.
    (iii) Bridge cranes including steeple towers and dock-leg elevators.
    (iv) Ore and taconite loading facilities of such type that failure 
could not cause injury to an employee as defined in paragraph (d) of 
this section.
    (v) Bulk coal loading facilities.
    (vi) Vertical pocket conveyors such as banana, sugar, or other 
similar marine legs.
    (s) The term hazardous cargo includes:
    (1) Any packaged commodity in the ``List of explosives and other 
dangerous articles and combustible liquids'' of the ``dangerous 
cargoes'' regulations of the U.S. Coast Guard (46 CFR 146.04-5) 
requiring a label, without regard to the exemptions mentioned at the 
foot of the list;
    (2) Any packaged commodity in the list identified in paragraph 
(s)(1) of this section, not requiring a label but classed as a 
combustible liquid;
    (3) Any packaged liquid commodity in the list identified in 
paragraph (s)(1) of this section not requiring a label but classed as a 
hazardous article; or
    (4) Any article not properly described by a name in that list but 
which is properly classified under the definition of those categories of 
dangerous articles given in 46 CFR 146.03-8 and is included in paragraph 
(s) (1), (2), or (3) of this section.
Secs. 1918.4--1918.5  [Reserved]



Sec. 1918.6   Standards incorporated by reference.

    (a) The standards listed below are hereby incorporated by reference 
in this part:
    (1) American National Standard (USAS) Practice for Occupational and 
Educational Eye and Face Protection, Z87.1 (1968), American National 
Standards Institute, 1430 Broadway, New York, NY 10018. See subpart J, 
Sec. 1504.105(a).
    (2) American National Standard Safety Requirements for Industrial 
Head Protection, Z89.1 (1969), American National Standards Institute, 
1430 Broadway, New York, NY 10018. See subpart J, Sec. 1918.105(a).
    (b) Standards which are legally incorporated by reference in this 
part have the same force and effect as other standards in this part. The 
locations where these standards may be examined are as follows:
    (1) Occupational Safety and Health Administration, U.S. Department 
of Labor, Railway Labor Building, Washington, DC 20210.
    (2) The Regional and Field Offices of the Occupational Safety and 
Health Administration which are listed in the U.S. Government 
Organizational Manual.
    (c) Any changes in the standards which are incorporated by reference 
in this part and an official historic file of such changes are available 
at the offices referred to in paragraph (b) of this section. All 
questions as to the applicability of such changes should also be 
referred to these offices.
    (d) Copies of the standards incorporated by reference in paragraph 
(a) of this section may be obtained from the American National Standards 
Institute at the address indicated therein.
Sec. 1918.7  [Reserved]



Sec. 1918.8   Amendment of this part.

    The Secretary may at any time upon his own motion or upon written 
petition of any interested person setting forth reasonable grounds 
therefor, and

[[Page 264]]

after opportunity has been given to interested persons to present their 
views, amend or revoke any of the provisions of this part.



               Subpart B--Gangways and Gear Certification



Sec. 1918.11   Gangways.1

---------------------------------------------------------------------------

    1 See also Sec. 1918.21.
---------------------------------------------------------------------------

    The employer shall not permit employees to board or leave any 
vessel, except a barge or river towboat, until the following 
requirements have been met:
    (a) Whenever practicable, a gangway of not less than 20 inches 
walking surface, of adequate strength, maintained in safe repair and 
safely secured shall be used. If a gangway is not practicable, a 
substantial straight ladder, extending at least 36 inches above the 
upper landing surface, and adequately secured against shifting or 
slipping shall be provided. When conditions are such that neither a 
gangway nor straight ladder can be used, a Jacob's ladder meeting the 
requirements of Sec. 1918.22 may be used.
    (b) Each side of such gangway, and the turntable, if used, shall 
have a railing with a minimum height of 33 inches measured 
perpendicularly from rail to walking surfaces at the stanchion, with a 
mid-rail. Rails shall be of wood, pipe, chain, wire or rope and shall be 
kept taut at all times. Portable stanchions supporting railings shall be 
so supported or secured as to prevent accidental dislodgment.
    (c) Gangways on vessels inspected and certificated by the U.S. Coast 
Guard are deemed to meet the foregoing requirements, except in cases 
where the vessels' regular gangway is not being used.



Sec. 1918.12   Gear certification.2

---------------------------------------------------------------------------

    2 See also Sec. 1918.51.
---------------------------------------------------------------------------

    (a) The employer shall not use the vessel's cargo handling gear 
until he has ascertained that the vessel has a current and valid cargo 
gear register and certificates which in form and content are in 
substantial accordance with the recommendations of the International 
Labor Office, as set forth in Appendix I of this part, and as provided 
by International Labor Organization Convention No. 32, and which 
indicates that the cargo gear has been tested, examined and heat treated 
by or under the supervision of persons or organizations defined as 
competent to make register entries and issue certificates pursuant to 
paragraphs (c) and (d) of this section.
    (b) Public vessels and vessels holding a valid Certificate of 
Inspection issued by the U.S. Coast Guard are deemed to meet the 
requirements of paragraph (a) of this section.
    (c) With respect to U.S. vessels not holding a valid Certificate of 
Inspection issued by the U.S. Coast Guard, persons or organizations 
competent to make entries in the registers and issue the certificates 
required by paragraph (a) of this section shall be only those persons 
currently accredited by the Occupational Safety and Health 
Administration, U.S. Department of Labor, as provided in part 1919 of 
this chapter.
    (d) With respect to vessels under foreign registry, persons or 
organizations competent to make entries in the registers and issue the 
certificates required by paragraph (a) of this section shall be:
    (1) Those acceptable as such to any foreign nation,
    (2) Those acceptable to the Commandant of the U.S. Coast Guard, or
    (3) Those currently accredited by the Occupational Safety and Health 
Administration, U.S. Department of Labor, as provided in part 1919 of 
this chapter.



Sec. 1918.13   Certification of shore-based material handling devices.

    (a) An employer shall not use in vessel-to-shore, shore-to-vessel, 
or in vessel-to-vessel cargo handling any crane, derrick, bulk cargo 
spout, or bulk cargo sucker, as defined in Sec. 1918.3(r), which--
    (1) Is not part of a vessel's permanent equipment and is either 
located ashore or placed aboard a vessel only temporarily; and
    (2) Is used to transfer cargo or materials other than bulk liquids 
directly between the shore and a vessel or between vessels; and

[[Page 265]]

    (3) Is so located that its failure could cause injury to an 
employee, as defined in Sec. 1918.3(d);

until he has ascertained that the device has been certificated as 
evidenced by current and valid documents attesting to compliance with 
the requirements specified in paragraph (b) of this section.
    (b) The certification required by paragraph (a) of this section must 
have been performed--
    (1) In accordance with the standards of part 1919 of this chapter, 
by persons then currently accredited by the Occupational Safety and 
Health Administration as provided in part 1919 of this chapter; or
    (2) In accordance with standards established and enforced by the 
State in which the device is located, or by a political subdivision 
thereof, which have been found by the Assistant Secretary of Labor for 
Occupational Safety and Health Administration, U.S. Department of Labor, 
to be compatible with the standards of part 1919 of this chapter, by 
persons designated as competent to perform such certification by 
competent state authority and recognized as such by the Assistant 
Secretary of Labor for Occupational Safety and Health Administration.
    (c) Cranes and derricks shall have been tested as a unit, inspected 
and/or examined, at the intervals required by, and in accordance with 
applicable requirements set forth in, paragraph (b) of this section. 
Appropriate documentation, acceptable for the purpose, shall be 
available for inspection at the worksite.
    (d) Bulk cargo spouts and suckers, together with any portable 
extensions and rigging or outriggers associated therewith which support 
them vertically, need not be tested, but shall be subject to an annual 
examination in accordance with applicable requirements as set forth in 
paragraph (b) of this section. Certificates attesting to the required 
examination and acceptable for the purpose shall be available for 
inspection.
    (e) Disassembly and reassembly of equipment, which is necessary for 
movement from job to job, or which becomes necessary during the normal 
course of operations as a routine matter, does not nullify existing 
certification nor require additional certification functions to be 
carried out.
    (f) Where equipment which is certificated in accordance with 
paragraph (b) of this section is transferred for use in another state, 
the then current and valid certification shall remain valid until the 
next survey becomes due.
    (g) In the case of seasonal operations, initial certification 
required by this section may be deferred until the end of the current 
season. Subsequent annual and/or quadrennial requirements will then 
become applicable during normally idle periods.
    (h) Certification procedures shall not be construed as a substitute 
for, or cause for elimination of, normal operational inspection and 
maintenance routine throughout the year, which shall be carried out as 
usual by operating the maintenance personnel.



Sec. 1918.14   Container cranes.

    The provisions of Sec. 1918.13 requiring certification of certain 
shore-based material handling devices shall apply to any crane utilized 
to handle containers in containerized operations between the vessel and 
the shore.



Sec. 1918.15   Effective date of Secs. 1918.13 and 1918.14.

    Sections 1918.13 and 1918.14 shall become effective February 1, 
1970.



                       Subpart C--Means of Access



Sec. 1918.21   Gangways and other means of access.

    (a) The gangway shall be kept properly trimmed at all times.
    (b) When a fixed tread accommodation ladder is used, and the angle 
is low enough to require employees to walk on the edge of the treads, 
cleated duckboards shall be laid over and secured to the ladder.
    (c) When the lower end of a gangway overhangs the water between the 
ship and the dock in such a manner that there is danger of employees 
falling between the ship and the dock, a net or other suitable 
protection shall be rigged at the foot of the gangway in such a manner 
as to prevent employees from falling from the end of the gangway.

[[Page 266]]

    (d) If the foot of the gangway is more than one foot away from the 
edge of the apron, the space between them shall be bridged by a firm 
walkway equipped with railings with a minimum height of approximately 33 
inches with mid-rails on both sides.
    (e) Supporting bridles shall be kept clear so as to permit 
unobstructed passage for employees using the gangway.
    (f) When the upper end of the means of access rests on or is flush 
with the top of the bulwark, substantial steps, properly secured and 
equipped with at least one substantial hand rail approximately 33 inches 
in height shall be provided between the top of the bulwark and the deck.
    (g) Obstructions shall not be laid on or across the gangway.
    (h) The means of access shall be adequately illuminated for its full 
length.
    (i) Unless the construction of the vessel makes it impossible, the 
means of access shall be so located that drafts of cargo do not pass 
over it. In any event loads shall not be passed over the means of access 
while employees are on it.



Sec. 1918.22   Jacob's ladders.

    (a) Jacob's ladders shall be of the double rung or flat tread type. 
They shall be well maintained and properly secured.
    (b) A Jacob's ladder shall either hang without slack from its 
lashings or be pulled up entirely.



Sec. 1918.23   Access to barges and river towboats.

    (a) Ramps for access of vehicles to or between barges shall be of 
adequate strength, provided with side boards, well maintained, and 
properly secured.
    (b) Unless employees can step safely to or from the wharf, float, 
barge, or river towboat, either a ramp meeting the requirements of 
paragraph (a) of this section or a safe walkway meeting the requirements 
of Sec. 1918.21(d) shall be provided. When a walkway is impracticable, a 
substantial straight ladder, extending at least 36 inches above the 
upper landing surface and adequately secured against shifting or 
slipping shall be provided. When conditions are such that neither a 
walkway nor a straight ladder can be used, a Jacob's ladder meeting the 
requirements of Sec. 1918.22 may be used: Provided, however, That when 
these requirements cannot reasonably be met, by reason of local 
conditions, in respect to barges operating on the Mississippi River 
System, other safe means of access shall be provided.
    (c) When a barge, raft or log boom is being worked alongside a 
larger vessel, a Jacob's ladder meeting the requirements of Sec. 1918.22 
shall be provided for each gang working alongside unless other safe 
means of access are provided.
    (d) When longshoring operations are in progress on barges, the 
barges shall be securely made fast to the vessel, wharf, or dolphins.



Sec. 1918.24   Bridge plates and ramps.

    (a) Bridge or car plates used afloat shall be of adequate strength, 
equipped with side boards along the space bridged, well maintained, and 
secured against movement.
    (b) Ramps for access of vehicles to or between vessels shall be of 
adequate strength, provided with side boards, well maintained and 
properly secured.



Sec. 1918.25   Ladders.

    (a) There shall be at least one safe and accessible ladder for each 
gang working in a hatch. However, no more than two such ladders are 
required in any hatch. An adequate means of gaining a handhold shall be 
provided at or near the head of each vertical fixed ladder in cases 
where any coaming or other structural features are such that they cannot 
serve this purpose.
    (b) When any fixed ladder is visibly unsafe, the employer shall 
prohibit its use by employees.
    (c) Straight ladders of adequate strength, of sufficient length to 
extend at least 36 inches above the coaming, and suitably secured 
against shifting or slipping, shall be provided as necessary when fixed 
hold ladders do not meet the requirements of paragraph (a) of this 
section, except that when conditions are such that a straight ladder 
cannot be used, Jacob's ladders meeting the requirements of Sec. 1918.22 
may be used.
    (d) When 4 inches of clearance does not exist in back of ladder 
rungs, the

[[Page 267]]

ladder shall be deemed ``unsafe'' for the purpose of this section.
    (e) When necessary to obtain access to or from a stowed deckload or 
other cargo and no other safe means is available, ladders or steps of 
adequate strength, and positively secured against shifting or slipping, 
shall be furnished. Where portable straight ladders are used they shall 
be of sufficient length to extend at least 36 inches above the upper 
landing surface. Adequate steps formed by the cargo itself are 
acceptable when the nature of the cargo and the type of stowage permits. 
This paragraph shall not apply to the circumstances covered by 
Sec. 1918.54(f).
    (f) Portable straight ladders used by employees for any purpose not 
otherwise specifically covered by this part shall be of adequate 
strength and lashed, blocked, or otherwise secured against shifting or 
slipping.



                       Subpart D--Working Surfaces



Sec. 1918.31   Hatch coverings.

    (a) No cargo, dunnage, or other material shall be loaded or unloaded 
by means requiring the services of employees at any partially opened 
intermediate deck unless either the hatch at that deck is sufficiently 
covered or an adequate landing area suitable for the prevailing 
conditions exists: Provided, however, That in no event shall such work 
be done unless the working area available for such employees extends for 
a distance of 10 feet or more fore and aft and athwartships.
    (b) Cargo shall not be landed on or handled over a covered hatch or 
'tween-deck unless all beams are in place under the hatch covers.
    (c) Missing, broken, split, or poorly fitting hatch covers that 
would jeopardize the safety of employees shall be reported at once to 
the officers in charge of the vessel. Pending replacement or repairs by 
the vessel, work shall not be performed in the section containing the 
unsafe covers or in adjacent sections unless the flooring is made safe.
    (d) When the hatch covers the beams are not of uniform size, they 
shall be placed only in the hatch, deck, and section in which they fit 
properly.
    (e) Small trimming hatches located in intermediate decks shall be 
adequately covered or guarded while work is proceeding in the hatch in 
which they are located, unless they are actually in use.



Sec. 1918.32   Stowed cargo and temporary landing platforms.

    (a) Temporary tables on which loads are to be landed shall be of 
sufficient size and strength to permit the employees thereon to work in 
safety.
    (b) When an edge of a hatch section or of stowed cargo more than 8 
feet high is so exposed that it presents a danger of an employee 
falling, the edge shall be guarded by a safety net or adequate strength 
to prevent injury to a falling employee, or by other means providing 
equal protection under the existing circumstances.
    (c) When two gangs are working in the same hatch on different 
levels, a safety net shall be rigged and securely fastened so as to 
prevent men or cargo from falling.



Sec. 1918.33   Deck loads.

    (a) Employees shall not be permitted to pass fore and aft over or 
around deck loads unless there is a safe passage.
    (b) Signalmen shall not be permitted to walk over deck loads from 
rail to coaming unless there is a safe passage. If it is necessary to 
stand at the outboard or inboard edge of the deckload where less than 24 
inches of bulwark, rail, coaming, or other protection exists, any 
signalman shall be provided with a suitable means of protection against 
falling from the deck load.



Sec. 1918.34   Skeleton decks.

    No cargo shall be worked on a skeleton deck, mechano deck or other 
superstructure unless temporary flooring is provided, when necessary, to 
make a safe working surface.



Sec. 1918.35   Open hatches.

    Open weather deck hatches around which longshoremen must work, which 
are not protected to a height of 24 inches by coamings, shall be guarded 
by taut lines at a height of 36 to 42 inches above the deck except on 
the side on which cargo is being worked.

[[Page 268]]

Any portable stanchions or uprights used shall be so supported or 
secured as to prevent accidental dislodgement; Provided, however, That 
the requirements of this section shall not be deemed to apply to barges 
or to Great Lakes type bulk carriers.



Sec. 1918.36   Weather deck rails.

    Removable weather deck rails shall be kept in place except when 
cargo operations require them to be removed, in which case they shall be 
replaced as soon as such cargo operations are completed.



Sec. 1918.37   Barges.

    (a) Employees shall not be permitted to walk along the sides of 
covered lighters or of barges with coamings more than 5 feet high unless 
there is a 3-foot clear walkway or a grab rail or taut handline is 
provided.
    (b) Employees shall not be permitted to walk or work on the decks of 
barges to be loaded unless and until the walking or working surfaces 
have been determined by visual inspection to be sound structurally and 
maintained properly. If in the course of discharging a barge an unsound 
deck surface is discovered, work shall be discontinued and shall not be 
resumed until temporary means to ensure a safe work surface, or to avoid 
the unsound surface, shall have been taken.



Sec. 1918.38   Freshly oiled decks.

    If decks are wet with fresh paint or oil, the employer shall not 
permit employees to engage in longshoring operations until necessary 
walking and working areas have been made safe by the use of suitable 
non-skid materials.



                 Subpart E--Opening and Closing Hatches



Sec. 1918.41   Coaming clearances.

    (a) Weather deck. If a deck load of lumber or other smooth sided 
deck cargo over 5 feet high is stowed within 3 feet of the hatch coaming 
and employees handling beams and hatch covers are not protected by at 
least a 24-inch height of the coaming, a taut handline shall be provided 
along the side of the deckload for their protection. The requirements of 
Sec. 1918.35(a) are not intended to apply in this situation.
    (b) Intermediate deck. (1) Before intermediate deck hatch covers and 
beams are removed or replaced by employees, there shall be a 3-foot 
working space between the stowed cargo and the coaming at both sides and 
at one end of the hatches with athwartship beams, and at both ends of 
those hatches with fore and aft beams, except that a reasonable 
tolerance will be permitted in circumstances where adherence to a 3-foot 
working space would create undue hardship.
    (2) The 3-foot clearance required by paragraph (b)(1) of this 
section is not required on the covered portion of a partially opened 
hatch, nor is it required when lower decks have been filled to beam 
height with cargo of such a nature as to provide a safe surface upon 
which employees may work.
    (3) For purposes of paragraph (b)(1) of this section, banana or 
other fitted gratings which are in good condition shall be considered a 
part of the decking when properly placed within the 3-foot area.
    (c) Trunk hatches and other permanent or semi-permanent structures 
and spare parts. When bulkheads, lockers, reefer compartments or large 
spare parts are within 3 feet of the coaming, grab rails or taut 
handlines shall be provided for the protection of employees handling 
beams and hatch covers.
    (d) The provisions of this section regarding coaming clearances do 
not apply to hatches which are opened by hydraulic or other mechanical 
means, but in all cases in which the 3-foot clearance does not exist, 
means shall be taken to prevent stowed cargo which is likely to shift 
from falling into the hold.



Sec. 1918.42   Beam and pontoon bridles.

    Beam and pontoon bridles shall not be used unless they meet the 
following requirements:
    (a) Bridles shall be long enough to easily reach the holes, rings, 
or other lifting attachments on the beams and pontoons. The bridles 
shall be of adequate strength and properly maintained, including 
covering or blunting or protruding ends in wire rope splices.

[[Page 269]]

    (b) Bridles for lifting hatch beams shall be equipped with toggles, 
shackles, or hooks or other devices of such design that they cannot 
become accidentally dislodged from the beams with which they are used. 
Hooks other than those herein described may be used only when they are 
hooked into the standing part of the bridle. Toggles, when used, shall 
be at least 1 inch longer than twice the longest diameter of the holes 
into which they are placed.
    (c) Bridles used for lifting pontoons and plugs shall have the 
number of legs required by the design of the pontoon or plug, and all 
legs shall be used. Where any use of a bridle requires fewer than the 
number of legs provided, idle legs shall be hung on the hook or ring, or 
otherwise prevented from swinging free.
    (d) At least two legs of all strongback and pontoon bridles shall be 
equipped with a substantial fiber rope lanyard at least 8 feet long and 
in good condition. The bridle end of the lanyard may be of chain or 
wire.



Sec. 1918.43   Handling beams and covers.

    Only paragraphs (f)(2), (h), and (i) of this section apply to 
folding, sliding, or hinged metal hatch covers or to those hatch covers 
handled by cranes carried for that purpose.
    (a)(1) When hatch covers or pontoons are stowed on the weather deck 
abreast of hatches they shall be arranged in stable piles not closer 
than 3 feet from the hatch coaming and, when on the working side of the 
deck, not higher than the coaming, unless they are spread one high 
between coaming and rail with no space between them and with not less 
than a 24-inch height of hatch coaming maintained.
    (2) When, in the case of pontoons, the requirements of paragraph 
(a)(1) of this section cannot be met due to the narrowness of the 
available deck area, pontoons may be stowed more than one high against 
the coaming, provided that not less than a 24-inch height of hatch 
coaming is maintained on the working side of the vessel. If pontoons 
must be stowed closer than 3 feet to and higher than the coaming on the 
idle side, they shall be secured against movement.
    (3) When some, but not all, conventional small weather deck hatch 
boards or similar covers on seagoing vessels are removed from the beams 
in a section of a partially opened hatch during cargo handling, cleaning 
or other operations, those removed shall not be stowed on those left in 
place within that section.
    (b) Beams shall be laid on their sides, or stood on edge close 
together and lashed: Provided, however, That this paragraph shall not 
apply in cases where beams are of such design that (1) the width of the 
flange is 50 percent or more of the height of the web and (2) that when 
a beam is stood upright the flange rests flat on the deck.
    (c) Strongbacks, hatch covers and pontoons shall be so placed as not 
to interfere with a safe walkway from rail to hatch coaming or fore and 
aft, and so secured that they cannot be tipped over or dragged into 
hatches or overboard by drafts or gear. Dunnage or other suitable 
material shall be used under and between tiers of strongbacks and 
pontoons.
    (d) Hatch covers unshipped in an intermediate deck shall be placed 
at least 3 feet from the coaming or they shall be removed to another 
deck. Strongbacks unshipped in an intermediate deck shall not be placed 
closer than 6 inches to the coaming, and if placed closer than 3 feet, 
they shall be so secured that they cannot be tipped or dragged into a 
lower compartment. If this is not possible they shall be removed to 
another deck.
    (e) Any beam or pontoon left in place adjacent to a section through 
which cargo, dunnage, equipment, or any other material is being worked, 
shall be lashed, locked, or otherwise secured so that it cannot be 
displaced by accident. All portable, manually handled hatch covers, 
including those bound together to make a larger cover, shall be removed 
from any working section.
    (f)(1) The roller hatch beam at the edge of the open section of the 
hatch shall be lashed or pinned back so that it cannot be moved toward 
the open section.
    (2) Rolling, sectional or telescopic hatch covers of barges which 
open in a fore and aft direction shall be secured

[[Page 270]]

against unintentional movement while in the open position.
    (g) When a hatch is to be covered, hatch covers or night tents shall 
be used. Any partial hatch covering, such as alternate hatch covers or 
strips of dunnage, shall not be covered by a tarpaulin.
    (h) Hinged or folding hatch covers normally stowed in an 
approximately vertical position shall be positively secured when in the 
upright position.
    (i) Hatches shall not be opened or closed while employees are in the 
square of the hatch below.



                  Subpart F--Ship's Cargo Handling Gear



Sec. 1918.51   General requirements.3

---------------------------------------------------------------------------

    3See also Sec. 1918.12.
---------------------------------------------------------------------------

    (a) Neither the safe working load as specified in the cargo gear 
certification papers, nor any safe working load marked on the booms, 
shall be exceeded. Any limitations imposed by the certificating 
authority shall be adhered to.
    (b) Any component of cargo handling gear, including tent gantlines 
and other associated rigging, which is visibly unsafe shall not be used 
until made safe.
    (c) The following limitations shall apply to the use of wire rope as 
a part of the ship's cargo handling gear:
    (1) An eye splice made in any wire rope shall have not less than 
three full tucks. However, this requirement shall not operate to 
preclude the use of another form of splice or connection which can be 
shown to be as efficient and which is not otherwise prohibited;
    (2) Except for eye splices in the ends of wires, each wire rope used 
in hoisting or lowering, in guying derricks, or as a topping lift, 
preventer, segment of a multipart preventer, or pendant, shall consist 
of one continuous piece without knot or splice; and
    (3) Wire rope shall not be used for the ship's cargo gear if, in any 
length of 8 diameters, the total number of visible broken wires exceeds 
10 percent of the total number of wires or if the rope shows other signs 
of excessive wear, corrosion or defect.



Sec. 1918.52   Specific requirements.

    Gear which does not comply with the following requirements shall not 
be used:
    (a) Preventers. (1) When preventers are used they shall be of 
sufficient strength for the intended purpose and secured to the head of 
the boom independent of working guys except when, in the case of cast 
fittings, the strength of the fitting exceeds the total strength of all 
lines secured to it. Any tails, fittings, or other means of making the 
preventers fast on deck shall provide strength equal to that of the 
preventer itself.
    (2) Wire rope clips or knots shall not be used to form eyes in, or 
to join sections of, preventer guys.
    (b) Stoppers. (1) When used, chain topping lift stoppers shall be in 
good condition, equipped with manila tails, and of a length to allow not 
fewer than three half-hitches in the chain.
    (2) When used, chain stoppers shall be shackled or otherwise secured 
in such a manner that their links are not bent by being passed around 
fittings. The point of attachment shall be of sufficient strength and so 
located that the stoppers are reasonably in line with the normal topping 
lift lead at the time the stopper is applied.
    (3) When used, patent stoppers of the clamp type shall be suited to 
the size of the rope used. Clamps shall be in good condition and free of 
paint and dirt which would prevent their being drawn tight.
    (c) Falls. (1) The end of the winch fall shall be secured to the 
drum by clamps, U-bolts, shackles, or some other equally strong method. 
Fiber rope fastenings shall not be used.
    (2) Winch falls shall not be used with fewer than three turns on the 
winch drum.
    (3) Eyes in the ends of wire rope cargo falls shall not be formed by 
knots and, in single part falls, shall not be formed by wire rope clips.
    (4) When the design of the winch permits, the fall shall be so wound 
on the drum that the control mechanism moves in the same direction as 
the load.
    (d) Heel blocks. (1) When employees are required to work in the 
bight formed by the heel block, a preventer

[[Page 271]]

of at least \3/4\-inch diameter wire rope, rove reasonably snug and 
adequately secured, shall be rigged, or equally effective means shall be 
taken to hold the block and fall in the event that the heel block 
attachments shall fail. Where physical limitations prohibit the fitting 
of a wire rope preventer of the required size or of other equally 
effective means, the maximum possible protection shall be provided.
    (2) If the heel block is not so rigged as to prevent its falling 
when not under strain, it shall be secured to prevent alternate raising 
and dropping of the block: Provided, however, That this requirement 
shall not apply when the heel block is so located as to be at least 10 
feet above the deck when at its lowest point.
    (e) Coaming rollers. When used, portable coaming rollers, whether 
provided by the ship or by the employer, shall be secured by wire 
preventers in addition to the regular coaming clamps.
    (f) Cargo hooks. Cargo hooks shall be as close to the junction of 
the falls as the assembly permits, but in no case farther than two feet 
from it, except that this provision shall not apply when the 
construction of the vessel and the operation in progress are such that 
fall angles in excess of 120 degrees do not normally occur. Overhaul 
chains shall not be shortened by bolting or knotting.



Sec. 1918.53   Cargo winches.

    (a) General. (1) When moving parts of winches or other deck 
machinery present a hazard, they shall be guarded.
    (2) Winches shall not be used if control levers operate with 
excessive friction or excessive play.
    (3) Double gear winches or other winches equipped with a clutch 
shall not be used unless a positive means of locking the gear shift is 
provided.
    (4) When changing gears on a two gear winch, there shall be no load 
other than the fall and cargo hook assembly on the winch.
    (5) Any defect or malfunction of winches shall be reported 
immediately to the officer in charge of the vessel.
    (6) Temporary seats and shelters for winch drivers which create a 
hazard to the winchmen or other employees shall not be used.
    (7) Except for short handles on wheel type controls, winch drivers 
shall not be permitted to use winch control extension levers unless they 
are provided by either the ship or the employer. Such levers shall be of 
adequate strength and securely fastened with metal connections at the 
fulcrum and at the permanent control lever.
    (b) Steam winches. (1) Means shall be taken to prevent escaping 
steam from obscuring any part of the decks or other work places or from 
otherwise hindering or injuring any employee.
    (2) Access shall be maintained to the steam valve between each winch 
and the deck steam line. If this valve is not operative with normal hand 
pressure, the winch shall not be used.
    (3) Extension control levers which tend to fall of their own weight 
shall be counterbalanced.
    (4) When winches are left unattended, control levers shall be 
secured in the neutral position.
    (c) Electrical winches. (1) When the electromagnetic or other 
service brake is unable to hold the load, the winch shall not be used.
    (2) Winches shall not be used when one or more control points, 
either hoisting or lowering, is not operating properly. Employees shall 
not be permitted to tamper with or adjust electric control circuits.
    (3) When winches are left unattended, control levers shall be placed 
in the neutral position and, whenever possible, the power shall be shut 
off or control levers locked at the winch or the operating controls.



Sec. 1918.54   Rigging gear.

    (a) When alternate positions for securing guys are provided, the 
guys shall be so placed as to produce a minimum stress without 
permitting the boom to jackknife.
    (b) The head of the midship boom shall be spotted no farther 
outboard of the coaming than is necessary for control of the load.
    (c) Preventers: When preventers are used, the following shall apply:
    (1) Preventers shall be properly secured to suitable fittings, other 
than those to which the guys are secured,

[[Page 272]]

and shall be as nearly parallel to the guys as available fittings 
permit.
    (2) Unless the cleat is also a chock and the hauling part is led 
through the chock opening, the leads of preventers to cleats shall be 
such that the direction of the line pull of the preventer is as nearly 
as possible parallel to the plane of the surface on which the cleat is 
mounted.
    (3) Guys and associated preventers shall be adjusted so as to share 
the load as nearly equally as practicable where cargo operations are 
being conducted by burtoning; Provided, however, That where guys are 
designed and intended for trimming purposes only and the preventer is 
intended to perform the function of the guy, the guy shall be left 
slack.
    (d) Cargo falls under load shall not be permitted to chafe on any 
standing or other running rigging: Provided, however, That this shall 
not be construed to mean hatch coamings or other similar structural 
parts of the vessel.
    (e)(1) Where a bull wire is taken to a gypsy head for the purpose of 
lowering or topping a boom, the bull wire shall be secured to the gypsy 
head by shackle or other equally strong method. Securing by fiber rope 
fastening will not be considered adequate.
    (2) When, in lowering or topping a boom, it is not possible to 
secure the bull wire to the gypsy head, or when the topping lift itself 
is taken to the gypsy head, sufficient turns, in no case less than five 
(5), shall be used.
    (f) When deck loads extend above the rail and there is less than 8 
inches horizontal clearance between the edge of the deck load and the 
inside of the bulwark or rail, employees shall not be permitted to go 
overside unless adequate precautions are taken to prevent them from 
falling.



Sec. 1918.55   Cranes.

    Unless permanently guarded, the accessible areas within the swing 
radius of the outermost part of the body of a revolving crane shall be 
temporarily guarded by ropes or other suitable means during cargo 
operations, so as to prevent an employee being in a position to be 
caught between the body of the crane and fixed parts of the vessel or of 
the crane itself.



   Subpart G--Cargo Handling Gear and Equipment Other Than Ship's Gear



Sec. 1918.61   General.

    (a) All gear and equipment provided by the employer shall be 
inspected by the employer or his authorized representative before each 
use and, when necessary, at intervals during its use, to ensure that it 
is safe. Any gear which is found upon such inspection to be visibly 
unsafe shall not be used until it is made safe.
    (b) All special stevedoring gear provided by the employer, the 
strength of which depends upon components other than commonly used stock 
items such as shackles, ropes or chains, shall be tested as a unit in 
the following manner before initially being put into use:
    (1) Gear intended to handle lifts up to and including 20 short tons 
(40,000 lbs.) shall be tested to 25 percent in excess of its safe 
working load.
    (2) Gear intended to handle lifts over 20 short tons (40,000 lbs.) 
but not exceeding 50 short tons (100,000 lbs.) shall be tested to 5 
short tons (10,000 lbs.) in excess of its safe working load.
    (3) Gear intended to handle lifts over 50 short tons (100,000 lbs.) 
shall be tested to 10 percent in excess of its safe working load.
    (4) The employer shall maintain a record of the dates and results of 
the tests with each unit of gear concerned clearly identifiable. The 
records shall be available for examination by representatives of the 
Occupational Safety and Health Administration.
    (c) The safe working load of gear as specified in Secs. 1918.61 
through 1918.66 shall not be exceeded.
    (d) The weight shall be plainly marked on any article of stevedoring 
gear hoisted by ship's gear and weighing in excess of 2,000 lbs.



Sec. 1918.62   Fiber rope and fiber rope slings.

    (a) Table G-1 shall be used to determine the safe working load of 
various sizes of manila rope and rope slings at various angles, except 
that higher safe working loads are permissible when recommended by the 
manufacturer for specific, identifiable products, provided

[[Page 273]]

that a safety factor of not less than five (5) is maintained.
    (b) Where synthetic fiber ropes are substituted for manila ropes of 
less than three (3) inches circumference, the substitute shall be of 
equal size. Where synthetic fiber ropes are substituted for manila ropes 
of three (3) inches circumference or more, the size of the synthetic 
rope is to be determined from the formula:

  C=0.6C32+0.4Cm2.

Where C=the required circumference of the synthetic rope in inches.
C3=the circumference to the nearest one-quarter inch of a 
          synthetic rope having a breaking strength not less than the 
          breaking strength of the size manila rope that would be 
          required by paragraph (a) of this section.
Cm=the circumference of manila rope in inches which would be 
          required by paragraph (a) of this section.

                                             Table G-1--Manila Rope                                             
                                       [In pounds or tons of 2,000 pounds]                                      
----------------------------------------------------------------------------------------------------------------
                                                 Diameter in                 60 deg.      45 deg.      30 deg.  
                 Circumferences                     inches     Single leg     bridle       bridle       bridle  
----------------------------------------------------------------------------------------------------------------
                                                                 lbs.         lbs.         lbs.         lbs.    
                                                                                                                
\3/4\..........................................        \1/4\          120          204          170          120
1..............................................       \5/16\          200          346          282          200
1\1/8\.........................................        \3/8\          270          467          380          270
1\1/4\.........................................       \7/16\          350          605          493          350
1\3/8\.........................................      \15/32\          450          775          635          450
1\1/2\.........................................          1/2          530          915          798          530
1\3/4\.........................................       \9/16\          690         1190          973          690
2..............................................        \5/8\          880         1520         1240          880
2\1/4\.........................................        \3/4\         1080         1870         1520         1080
2\1/2\.........................................      \13/16\         1300         2250         1830         1300
2\3/4\.........................................        \7/8\         1540         2660         2170         1540
3..............................................            1         1800         3120         2540         1800
                                                                 Tons         Tons         Tons         Tons    
                                                                                                                
3\1/4\.........................................      1\1/16\          1.0          1.7          1.4          1.0
3\1/2\.........................................       1\1/8\          1.2          2.1          1.7          1.2
3\3/4\.........................................       1\1/4\         1.35          2.3          1.9         1.35
4..............................................      1\5/16\          1.5          2.6          2.1          1.5
4\1/2\.........................................       1\1/2\          1.8          3.1          2.5          1.8
5..............................................       1\5/8\         2.25          3.9          3.2         2.25
5\1/2\.........................................       1\3/4\          2.6          4.5          3.7          2.6
6..............................................            2          3.1          5.4          4.4          3.1
6\1/2\.........................................       2\1/8\          3.6          6.2          5.1          3.6
----------------------------------------------------------------------------------------------------------------

In making such a substitution it should be ascertained that the inherent 
characteristics of the synthetic fiber are suitable for the intended 
service of the rope.



Sec. 1918.63   Wire rope and wire rope slings.

    (a) Tables G-2 through G-5 shall be used to determine the safe 
working loads of various sizes and classifications of improved plow 
steel wire rope and wire rope slings with various types of terminals. 
For sizes, classifications and grades not included in these tables the 
safe working load recommended by the manufacturer for specific, 
identifiable products shall be followed, provided that a safety factor 
of not less than five (5) is maintained.

 Table G-2--Rated Capacities for Improved Plow Steel, Independent Wire Rope Core, Wire Rope and Wire Rope Slings
                                            [In tons of 2,000 pounds]                                           
----------------------------------------------------------------------------------------------------------------
                                                                        Single leg                              
                                         -----------------------------------------------------------------------
                Rope dia.                              Vertical                             Choker              
                                         -----------------------------------------------------------------------
                                               A           B           C           A           B           C    
----------------------------------------------------------------------------------------------------------------
                                              6 x 19 Classification                                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
\1/4\''.................................         .59         .56         .53         .44         .42         .40

[[Page 274]]

                                                                                                                
\3/8\''.................................         1.3         1.2         1.1         .98         .93         .86
\1/2\''.................................         2.3         2.2         2.0         1.7         1.6         1.5
\5/8\''.................................         3.6         3.4         3.0         2.7         2.5         2.2
\3/4\''.................................         5.1         4.9         4.2         3.8         3.6         3.1
\7/8\''.................................         6.9         6.6         5.5         5.2         4.9         4.1
1''.....................................         9.0         8.5         7.2         6.7         6.4         5.4
1\1/8\''................................          11          10         9.0         8.5         7.8         6.8
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                              6 x 37 Classification                                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1\1/4\''................................          13          12          10         9.9         9.2         7.9
1\3/8\''................................          16          15          13          12          11         9.6
1\1/2\''................................          19          17          15          14          13          11
1\3/4\''................................          26          24          20          19          18          15
2''.....................................          33          30          26          25          23          20
2\1/4\''................................          41          38          33          31          29          25
----------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.                                                                      
(B)--Mechanical Sleeve attachment.                                                                              
(C)--Hand Tucked Splice attachment.                                                                             


[[Page 275]]


                            Table G-3--Rated Capacities for Improved Plow Steel, Independent Wire Rope Core, Wire Rope Slings                           
                                                                [In tons of 2,000 pounds]                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Two-leg bridle or basket hitch                                                             
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Vertical                   60 deg. bridle                45 deg. bridle                30 deg. bridle       
            Rope dia.            -----------------------------------------------------------------------------------------------------------------------
                                      A         B         C         A         B         C         A         B         C         A         B         C   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  6 x 19 Classification                                                                 
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\''.........................       1.2       1.1       1.0       1.0       .97       .92       .83       .79       .75       .59       .56       .53
\5/8\''.........................       2.0       2.5       2.3       2.3       2.1       2.0       1.8       1.8       1.8       1.3       1.2       1.1
\1/2\''.........................       4.0       4.4       3.9       4.0       3.6       3.4       3.2       3.1       2.8       2.3       2.2       2.0
\5/8\''.........................       7.2       6.6       6.0       6.2       5.9       5.2       5.1       4.8       4.2       3.6       3.4       3.0
\3/3\''.........................        10       9.7       8.4       8.9       8.4       7.3       7.2       6.9       5.9       5.1       4.9       4.2
\7/8\''.........................        14        13        11        12        11       9.6       9.8       9.3       7.8       6.9       6.6       5.5
1''.............................        18        17        14        15        15        12        13        12        10       9.0       8.5       7.2
1\1/8\''........................        23        21        18        19        18        16        16        15        13        11        10       9.0
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  6 x 37 Classification                                                                 
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
1\1/4\''........................        26        24        21        23        21        18        19        17        15        13        12        10
1\3/8\''........................        32        29        25        28        25        22        22        21        18        16        15        13
1\1/2\''........................        38        35        30        33        30        26        27        25        21        19        17        15
1\3/4\''........................        51        47        41        44        41        35        36        33        29        26        24        20
2''.............................        66        61        53        57        53        46        47        43        37        33        30        26
2\1/4\''........................        83        76        66        72        66        67        58        54        47        41        38        33
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal Attachment.                                                                                                              
(B)--Mechanical Sleeve Attachment.                                                                                                                      
(C)--Hand Tucked Splice Attachment.                                                                                                                     


[[Page 276]]


         Table G-4--Rated Capacities for Improved Plow Steel, Fiber Core, Wire Rope and Wire Rope Slings        
                                            [In tons of 2,000 pounds]                                           
----------------------------------------------------------------------------------------------------------------
                                                                        Single leg                              
                                         -----------------------------------------------------------------------
                Rope dia.                              Vertical                             Choker              
                                         -----------------------------------------------------------------------
                                               A           B           C           A           B           C    
----------------------------------------------------------------------------------------------------------------
                                              6 x 19 Classification                                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
\1/4\''.................................         .55         .51         .49         .41         .38         .37
\3/8\''.................................         1.2         1.1         1.1         .91         .85         .80
\1/2\''.................................         2.1         2.0         1.8         1.6         1.5         1.4
\5/8\''.................................         3.3         3.1         2.8         2.5         2.3         2.1
\3/4\''.................................         4.8         4.4         3.9         3.6         3.3         2.9
\7/8\''.................................         6.4         5.9         5.1         4.8         4.5         3.9
1''.....................................         8.4         7.7         6.7         6.3         5.8         5.0
1\1/8\''................................          10         9.5         8.4         7.9         7.1         6.3
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                              6 x 37 Classification                                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1\1/4\''................................          12          11         9.8         9.2         8.3         7.4
1\3/8\''................................          15          13          12          11          10         8.9
1\1/2\''................................          17          16          14          13          12          10
1\3/4\''................................          24          21          19          18          16          14
2''.....................................          31          28          25          23          21          18
----------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.                                                                      
(B)--Mechanical Sleeve attachment.                                                                              
(C)--Hand Tucked Splice attachment.                                                                             


[[Page 277]]


                                    Table G-5--Rated Capacities for Improved Plow Steel, Fiber Core, Wire Rope Slings                                   
                                                                [In tons of 2,000 pounds]                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Two-leg bridle or basket hitch                                                             
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Vertical                   60 deg. bridle                45 deg. bridle                30 deg. bridle       
            Rope dia.            -----------------------------------------------------------------------------------------------------------------------
                                      A         B         C         A         B         C         A         B         C         A         B         C   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  6 x 19 Classification                                                                 
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\...........................       1.1       1.0       .99       .95       .88       .85       .77       .72       .70       .55       .51       .49
\3/8\...........................       2.4       2.2       2.1       2.1       1.9       1.8       1.7       1.6       1.5       1.2       1.1       1.1
\1/2\...........................       4.3       3.9       3.7       3.7       3.4       3.2       3.0       2.8       2.6       2.1       2.0       1.8
\5/8\...........................       6.7       6.2       5.6       5.8       5.3       4.8       4.7       4.4       4.0       3.3       3.1       2.8
\3/4\...........................       9.5       8.8       7.8       8.2       7.6       6.8       6.7       6.2       5.5       4.8       4.4       3.9
\7/8\...........................        13        12        10        11        10       8.9       9.1       8.4       7.3       6.4       5.9       5.1
1...............................        17        15        13        14        13        11        12        11       9.4       8.4       7.7       6.7
1\1/2\..........................        21        19        17        18        16        14        15        13        12        10       9.5       6.4
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  6 x 37 Classification                                                                 
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
1\1/4\..........................        25        22        20        21        19        17        17        16        14        12        11       9.8
1\3/8\..........................        30        27        24        26        23        20        21        19        17        15        13        12
1\1/2\..........................        35        32        28        30        27        24        25        22        20        17        16        14
1\3/4\..........................        46        43        39        41        37        33        34        30        27        24        21        19
2...............................        62        55        49        53        43        43        43        39        35        31        26        25
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.                                                                                                              
(B)--Mechanical Sleeve attachment.                                                                                                                      
(C)--Hand Tucked Splice attachment.                                                                                                                     


[[Page 278]]

    (b) Protruding ends of strands in splices on slings and bridles 
shall be covered or blunted.
    (c) Where ``U'' bolt wire rope clips are used to form eyes, Table G-
6 shall be used to determine the number and spacing of clips. The ``U'' 
bolt shall be applied so that the ``U'' section is in contact with the 
dead end of the rope.
    (d) Wire rope shall not be secured by knots, except on haul back 
lines on scrapers.
    (e) The following limitations shall apply to the use of wire rope:
    (1) An eye splice made in any wire rope shall have not less than 
three full tucks. However, this requirement shall not operate to 
preclude the use of another form of splice or connection which can be 
shown to be as efficient and which is not otherwise prohibited.
    (2) Except for eye splices in the ends of wires and for endless rope 
slings, each wire rope used in hoisting or lowering, or in bulling 
cargo, shall consist of one continuous piece without knot or splice.
    (3) Eyes in wire rope bridles, slings, or bull wires shall not be 
formed by wire rope clips or knots.
    (4) Wire rope shall not be used as cargo handling gear if, in any 
length of eight diameters, the total number of visible broken wires 
exceeds 10 percent of the total number of wires or if the rope shows 
other signs of excessive wear, corrosion or defect.

         Table G-6--Number and Spacing of U-Bolt Wire Rope Clips        
------------------------------------------------------------------------
                                            Number of clips             
  Improved plow steel, rope diameter,   ----------------------  Minimum 
                 inches                     Drop      Other     spacing 
                                           forged    material   (inches)
------------------------------------------------------------------------
\1/2\..................................          3          4          3
\5/8\..................................          3          4     3\3/4\
\3/4\..................................          4          5     4\1/2\
\7/8\..................................          4          5     5\1/4\
1......................................          4          6          6
1\1/8\.................................          5          6     6\3/4\
1\1/4\.................................          5          7     7\1/2\
1\3/8\.................................          6          7     8\1/4\
1\1/2\.................................          6          8          9
------------------------------------------------------------------------



Sec. 1918.64   Chains and chain slings.

    (a) Tables G-7 and G-8 shall be used to determine the maximum safe 
working loads of various sizes of wrought iron and alloy steel chains 
and chain slings, except that higher safe working loads are permissible 
when recommended by the manufacturer for specific, identifiable 
products. Proof coil steel chain, also known as common or hardware 
chain, or other chain not recommended for slinging or hoisting by the 
manufacturer, shall not be used for hoisting purposes.

                                          Table G-7--Wrought Iron Chain                                         
                                       [In pounds or tons of 2,000 pounds]                                      
----------------------------------------------------------------------------------------------------------------
                                                                          60 deg.      45 deg.                  
                 Nominal size chain block                   Single leg     bridle       bridle    30 deg. bridle
----------------------------------------------------------------------------------------------------------------
\1/4\''*.................................................         1060         1835         1500            1060
\5/16\''*................................................         1655         2865         2340            1655
\3/8\''..................................................         2385          2.1        33.70            2385
\7/16\''*................................................         3250          2.8          2.3            3250
\1/2\''..................................................          2.1          3.7          3.0             2.1
\9/16\''*................................................          2.7          4.6          3.8             2.7
\5/8\''..................................................          3.3          5.7          4.7             3.3
\3/4\''..................................................          4.8          8.3          6.7             4.8
\7/8\''..................................................          6.5         11.2          9.2             6.5
1''......................................................          8.5         14.7         12.0             8.5
1\1/8\''.................................................         10.0         17.3         14.2            10.0
1\1/4\''.................................................         12.4         21.3         17.5            12.4
1\3/8\''.................................................         15.0         25.9         21.1            15.0
1\1/2\''.................................................         17.8         3.08         25.2            17.8
1\5/8\''.................................................         20.9         36.2         29.5            20.9
1\3/4\''.................................................         24.2         42.0         34.3            24.2
1\7/8\''.................................................         27.6         47.9         39.1            27.6
2''......................................................         31.6         54.8         44.8            31.6
----------------------------------------------------------------------------------------------------------------
*These sizes of wrought iron chain are no longer manufactured in the United States.                             


[[Page 279]]


                                          Table G-8--Alloy Steel Chain                                          
                                            [In tons of 2,000 pounds]                                           
----------------------------------------------------------------------------------------------------------------
                                                                           60 deg.       45 deg.       30 deg.  
                Nominal size chain stock                   Single leg      bridle        bridle        bridle   
----------------------------------------------------------------------------------------------------------------
\1/4\''.................................................          1.62          2.82          2.27          1.62
\3/8\''.................................................          3.30          5.70          4.65          3.30
\1/2\''.................................................          5.62          9.75          7.90          5.62
\5/8\''.................................................          8.25         14.25         11.65          8.25
\3/4\''.................................................          11.5          19.9          16.2          11.5
\7/8\''.................................................          14.3          24.9          20.3          14.3
1''.....................................................          19.3          33.5          27.3          19.8
1\1/8\''................................................          22.2          38.5          31.5          22.2
1\1/4\''................................................          28.7          49.7          40.5          28.7
1\3/8\''................................................          33.5          58.0          47.0          33.5
1\1/2\''................................................          39.7          68.5          56.0          39.7
1\5/8\''................................................          42.5          73.5          59.5          42.5
1\3/4\''................................................          47.9          81.5          62.0          47.0
----------------------------------------------------------------------------------------------------------------

    (b) All sling chains, including end fastenings, shall be given a 
visual inspection before being used on the job. A thorough inspection of 
all chains in use shall be made every 3 months. Each chain shall bear an 
indication of the month in which it was thoroughly inspected. The 
thorough inspection shall include inspection for wear, defective welds, 
deformation and increase in length or stretch.
    (c) Interlink wear, not accompanied by stretch in excess of five (5) 
percent, shall be noted and the chain removed from service when maximum 
allowable wear at any point of link, as indicated in Table G-9, has been 
reached.
    (d) Chain slings shall be removed from service when, due to stretch, 
the increase in length of a measured section exceeds five (5) percent; 
when a link is bent, twisted or otherwise damaged; or when raised scarfs 
or defective welds appear.
    (e) All repairs to chains shall be made under qualified supervision. 
Links or portions of the chain found to be defective, as described in 
paragraph (d) of this section, shall be replaced by links having proper 
dimensions and made of material similar to that of the chain. Before 
repaired chains are returned to service, they shall be proof tested to 
the proof test load recommended by the manufacturer.
    (f) Wrought iron chains in constant use shall be annealed or 
normalized at intervals not exceeding 6 months when recommended by the 
manufacturer. The chain manufacturer shall be consulted for recommended 
procedures for annealing or normalizing. Alloy chains shall not be 
annealed.

         Table G-9--Maximum Allowable Wear at any Point of Link         
------------------------------------------------------------------------
                                                                Maximum 
                                                               allowable
                    Chain size in inches                        wear in 
                                                               fraction 
                                                               of inches
------------------------------------------------------------------------
\1/4\ (\9/32\)..............................................      \3/64\
\3/8\.......................................................      \5/64\
\1/2\.......................................................      \7/64\
\5/8\.......................................................      \9/64\
\3/4\.......................................................      \5/32\
\7/8\.......................................................     \11/64\
1...........................................................      \3/16\
1\1/8\......................................................      \7/32\
1\1/4\......................................................       \1/4\
1\3/8\......................................................      \3/32\
1\1/2\......................................................      \5/16\
1\3/4\......................................................     \11/32\
------------------------------------------------------------------------

    (g) A load shall not be lifted with a chain having a kink or knot in 
it. A chain shall not be shortened by bolting, wiring or knotting.



Sec. 1918.65   Shackles.

    (a) Table G-10 shall be used to determine the safe working loads of 
various sizes of shackles, except that higher safe working loads are 
permissible when recommended by the manufacturer for specific, 
identifiable products, provided that a safety factor of not less than 
five (5) is maintained.

               Table G-10--Safe Working Loads for Shackles              
                        [In tons of 2,000 pounds]                       
------------------------------------------------------------------------
                                                      Pin        Safe   
             Material size (inches)                diameter     working 
                                                   (inches)      load   
------------------------------------------------------------------------
\1/4\...........................................       \5/8\         1.4

[[Page 280]]

                                                                        
\5/8\...........................................       \3/4\         2.2
\3/4\...........................................       \7/8\         3.2
\7/8\...........................................           1         4.3
1...............................................      1\1/8\         5.6
1\1/8\..........................................      1\1/4\         6.7
1\1/4\..........................................      1\3/8\         8.2
1\5/8\..........................................      1\1/2\        10.0
1\1/2\..........................................      1\5/8\        11.9
1\3/4\..........................................           2        16.2
2...............................................      2\1/4\        21.1
------------------------------------------------------------------------

    (b) Screw pin shackles provided by the employer and used aloft, 
except in cargo hook assemblies, shall have their pins moused.



Sec. 1918.66   Hooks other than hand hooks.

    (a) The manufacturer's recommendations shall be followed in 
determining the safe working loads of the various sizes and types of 
specific and identifiable hooks. All hooks for which no applicable 
manufacturer's recommendations are available shall be tested to twice 
the intended safe working load before they are initially put into use. 
The employers shall maintain a record of the dates and results of such 
tests.
    (b) Loads shall be applied to the throat of the hook since loading 
the point overstresses and bends or springs the hook.
    (c) Hooks shall be inspected periodically to see that they have not 
been bent by overloading. Bent or sprung hooks shall not be used.
    (d) Teeth of case hooks shall be kept in good condition.
    (e) Jaws of patent clamp type plate hooks shall be kept in safe 
condition so that they will grip plates securely.



Sec. 1918.67   Pallets.

    (a) Pallets shall be of such material and construction and so 
maintained as to safely support and carry loads being handled on them. 
Fastenings of reusable pallets shall be bolts and nuts, drive screws 
(helically threaded nails), annular threaded nails or fastenings of 
equivalent strength.
    (b) Wing or lip type pallets hoisted by means of bar bridles shall 
have an overhanging wing or lip at least 3 inches long.
    (c) Loaded pallets which on visual examination do not meet the 
requirements of this section, shall be placed on pallets meeting the 
requirements before being hoisted into or out of the vessel.
    (d) Bridles used to handle flush end or box type pallets shall be of 
such a design as to prevent them from becoming disengaged from the 
pallet under load.



Sec. 1918.68   Chutes, gravity conveyors and rollers.

    (a) Chutes used in the manual handling of cargo shall be of adequate 
length and strength for the use to which they are put and shall be kept 
free of splinters and sharp edges.
    (b) Chutes shall be equipped with sideboards of sufficient height to 
prevent cargo from falling off.
    (c) Chutes and gravity roller sections shall be firmly placed or 
secured to prevent displacement.
    (d) Gravity rollers shall be of sufficient strength for the weight 
of material which is placed upon them. Rollers shall be locked in 
position to prevent them from falling or jumping out of the frame.
    (e) Frames shall be kept free of burrs and sharp edges.
    (f) When necessary for safe operation, provision shall be made for 
braking objects at the delivery end of the roller or chute.



Sec. 1918.69   Powered conveyors.

    (a) Readily accessible stop controls shall be provided for use in an 
emergency. Whenever the operation of any power conveyor requires 
personnel to work in the immediate vicinity of the conveyor, the 
conveyor controls shall not be left unattended while the conveyor is in 
operation.
    (b) Electric motors and controls on grain trimmers shall be of the 
explosion-proof type approved by the Underwriters' Laboratories, 
Incorporated, for use in hazardous locations, Class II, Group G.
    (c) All conveyor and trimmer drives which create a hazard shall be 
adequately guarded.

[[Page 281]]

    (d) Each grain trimmer shall have a control box located on the 
weather deck in close proximity to the spout feeding the trimmer.
    (e) Power cables between the deck control box and the grain trimmer 
shall be used only in continuous lengths without splice or tap between 
connections.



Sec. 1918.70   Portable stowing winches.

    (a) Portable stowing winches shall be used only with the knowledge 
and consent of the officer in charge of the vessel.
    (b) Portable stowing winches used in connection with operations 
shall at all times be properly secured to prevent shifting.
    (c) When internal combustion powered stowing winches are located 
below the weather deck or in other enclosed spaces, the exhaust shall be 
led topside to open air and away from the hatch opening.



Sec. 1918.71   Rain tents.

    When using rain tents, lanyards shall be secured to padeyes or other 
fixed structures of the vessel which are strong enough or to objects 
which are heavy enough to withstand the breaking stress of all lanyards 
attached.



Sec. 1918.72   Tools.

    (a) General. Employers shall not issue or permit the use of visibly 
unsafe tools.
    (b) Portable electric tools. (1) Portable electric tools which are 
held in the hand shall be equipped with switches of a type which must be 
manually held in a closed position.
    (2) All portable, power-driven circular saws shall be equipped with 
guards above and below the base plate or shoe. The upper guard shall 
cover the saw to the depth of the teeth, except for the minimum arc 
required to permit the base to be tilted for bevel cuts. The lower guard 
shall cover the saw to the depth of the teeth, except for the minimum 
arc required to allow proper retraction and contact with the work. When 
the tool is withdrawn from the work, the lower guard shall automatically 
and instantly return to the covering position.



Sec. 1918.73   Mechanically-powered vehicles used aboard vessels.

    (a) All automotive equipment shall be maintained in good working 
order and safety devices shall not be removed or made inoperative, 
except as otherwise provided.
    (b) Overhead guards for fork lift trucks. (1) Except as noted in 
paragraph (b)(5) of this section, fork lift trucks shall be equipped 
with overhead guards securely attached to the machines. The guards shall 
be of such design and construction as to protect the operator from 
boxes, cartons, packages, bagged material, and other similar individual 
items of cargo which may fall from the load being handled or from 
stowage.
    (2) The guard shall be of such construction that it does not 
interfere with good visibility, but openings in the top of the guard 
must not exceed six inches in one of the two dimensions, width or 
length. Larger openings may be permitted provided no opening is larger 
than the smallest unit of cargo that is likely to fall on the guard.
    (3) The guard shall be large enough to extend over the operator in 
all normal circumstances of truck operation, including forward tilt.
    (4) In fork lift trucks equipped with a single tilt cylinder, 
provision shall be made so that failure of this cylinder or associated 
parts will not cause the overhead guard to injure the operator.
    (5) The overhead guard may be removed only at times when the 
construction of the truck is such that the presence of such a guard 
would prevent the truck from entering working spaces, and if the 
operator cannot be injured by low overhead obstructions.
    (c) Guards for bulk cargo-moving vehicles. (1) Every crawler type, 
rider operated, bulk cargo-moving vehicle shall be equipped with an 
operator's guard of such design and construction as to protect the 
operator, when seated, against injury from contact with a projecting 
overhead.
    (2) Guards and their attachment points shall be so designed as to be 
able to withstand, without excessive deflection, a load applied 
horizontally at the operator's shoulder level equal to the drawbar pull 
of the machine.

[[Page 282]]

    (3) Guards shall not be required when the vehicle is used in 
situations in which the possibility of the seated operator coming in 
contact with projecting overheads does not exist.
    (d) End platform guards. (1) Every truck operated from an end 
platform or pedal position shall be equipped with an operator's platform 
guard of such design that it permits rapid and unobstructed egress.
    (2) Guards shall be so designed as to be able to withstand, without 
excessive deflection, a load equal to the weight of the loaded machine.
    (e) Forks, fork extensions or other attachments shall be suitably 
secured to prevent unintentional disengagement.
    (f) Weights and loads. (1) The vehicle weight, with and without 
removable counterweights, shall be clearly posted on all mechanically-
powered vehicles which are lifted aboard vessels.
    (2) The rated capacity of every fork lift truck, with and without 
removable counterweights, shall be posted on the vehicle in such a 
manner as to be readily visible to the operator.
    (3) Loads in excess of the rated capacity shall not be lifted or 
carried by lift trucks.
    (4) If loads are lifted by two or more trucks working in unison, the 
total weight shall not exceed the combined safe lifting capacity of all 
the trucks.
    (g)(1) Steering knobs, when furnished on vehicles where the driver 
is not in a sitting position, shall be of a mushroom type unless the 
steering mechanism is of a type that prevents road reactions from 
causing the steering handwheel to spin. The steering knob shall be 
mounted within the periphery of the wheel.
    (2) Steering knobs or similar ancillary devices shall not be used on 
the steering wheels of trucks in which the driver is in a sitting 
position.
    (h) No load on a fork lift truck or industrial crane truck shall be 
suspended or swung over any employee.
    (i) When mechanically-powered vehicles are used, adequate provisions 
shall be made to ensure that the working surface can support the vehicle 
and load, and that hatch covers, truck plates, or other temporary 
surfaces cannot be dislodged by movement of the vehicle.
    (j) When mechanically-powered vehicles are left unattended, the 
controls shall be neutralized, power shut off, brakes set, and the 
forks, blade, or scoop shall be placed in the lowered position.
    (k) When lift trucks or other mechanically powered vehicles are 
being operated on open deck type barges, the edges of the barges shall 
be suitably guarded by railings, sideboards, timbers or other means 
sufficient to prevent vehicles from rolling overboard. When operated on 
covered lighters where door openings other than those being used are 
left open, adequate means shall be taken as necessary to prevent 
vehicles from rolling overboard through such openings.



Sec. 1918.74   Cranes and derricks other than vessel's gear.

    (a) The following requirements shall be met in the use of cranes, 
whether hoisted aboard a vessel for use thereon or used to service a 
vessel from the dock, shore, or another vessel, and in the use of any 
other crane or derrick not a part of a vessel's permanent equipment, but 
used in longshoring operations:
    (1) The crane weight shall be posted on all mobile cranes hoisted 
aboard vessels for temporary use thereon.
    (2) All types of cranes shall be equipped with a durable rating 
chart visible to the operator, covering the complete range of the 
manufacturer's (or design) capacity ratings and for which they are 
certificated, where required. The rating chart shall include all 
operating radii for all permissible boom lengths and jib lengths as 
applicable, with and without outriggers which may be fitted, and 
alternate ratings with optional equipment affecting such ratings. 
Necessary precautions or warnings shall be included. Operating controls 
shall be marked, or an explanation posted, at the operator's position to 
indicate function.
    (3) A boom angle or radius indicator shall be fitted where 
applicable.

[[Page 283]]

    (4) All shore-based derricks shall be clearly marked to indicate all 
applicable capacity ratings, based on manufacturer's (or design) data 
for which certificated. Such ratings, and any necessary precautions or 
warnings shall be visible to the operator. Operating controls shall be 
marked, or an explanation posted at the operator's position to indicate 
function.
    (5) The rated safe working loads of each crane and derrick, for the 
conditions of use, shall not be exceeded.
    (6) No counterweights in excess of manufacturer's (or design) 
specifications shall be fitted. All equipment shall be used in 
accordance with manufacturer's (or design) specifications and 
recommendations.
    (7) Pulling of barges or rail cars, and pulling of cargo in such a 
way as to exert side loading stresses upon crane booms shall not be 
permitted.
    (8) No crane or derrick shall be used in any case where a visible 
defect affecting safe use exists.
    (9) Unless exempted by the provisions of paragraph (a)(9)(viii) of 
this section, every crane used to load or discharge cargo into or out of 
a vessel shall be fitted with a load indicating device or alternative 
device in proper working condition which shall meet the following 
criteria:
    (i) The type or model of any load indicating device which is used 
may be such as to provide (a) a direct indication in the cab of actual 
weight hoisted or a means of determining this by reference to crane 
ratings posted and visible to the operator, except that the use of a 
dynamometer or simple scale alone will not meet this requirement; or (b) 
an automatic weight-moment device or computer providing indications in 
the cab according to the radius and load at the moment; or alternatively 
(c) a device may be used which shall prevent an overloaded condition.
    (ii) Accuracy of the load indicating device, weight-moment device, 
or overload protection device shall be such that any indicated load (or 
limit), including the sum of actual weight hoisted and additional 
equipment or ``add ons'' such as slings, sensors, blocks, etc., is 
within the range from no less than 95 percent of the actual true total 
load (5 percent overload) to 110 percent of the actual true total load 
(10 percent underload). Such accuracy shall be required over the range 
of the daily operating variables to be expected under the conditions of 
use.
    (iii) The device shall permit the operator to determine before 
making any lift that the indicating or substitute system is operative. 
In the alternative, if the device is not so mounted or attached and does 
not include such means of checking, it shall be certified by the 
manufacturer to remain operable within the limits stated in paragraph 
(a)(9)(ii) of this section for a specific period of time. Checks for 
accuracy, using known values of load, shall be performed at the time of 
every certification survey (see Sec. 1918.13) and at such additional 
times as may be recommended by the manufacturer.
    (iv) When the load indicating device or alternative system is so 
arranged in the supporting system (crane structure) that its failure 
could cause the load to be dropped, its strength shall not be the 
limiting factor of the supporting system (crane structure).
    (v) Marking shall be conspicuously placed giving units of measure in 
pounds or both pounds and kilograms, capacity of the indicating system, 
accuracy of the indicating system, and operating instructions and 
precautions. Data providing the means of measurement, capacity of the 
system, accuracy of the system, and operating instructions and 
precautions shall similarly be provided in the case of systems utilizing 
indications other than actual weights. If the system used provides no 
readout, but is such as to automatically cease crane operation when the 
rated load limit under any specific condition of use is reached, marking 
shall be provided giving the make and model of device installed, a 
description of what it does, how it is operated, and any necessary 
precautions regarding the system. All weight indications, other types of 
loading indications, and other data required shall be readily visible to 
the operator.
    (vi) All load indicating devices shall be operative over the full 
operating radius. Overall accuracy shall be based on actual applied load 
and not on full scale (full capacity) load. For example,

[[Page 284]]

if accuracy of the load indicating device is based on full scale load 
and the device is arbitrarily set at plus or minus 10 percent, it would 
accept a reading between 90,000 and 110,000 lbs., at full capacity of a 
machine with 100,000 lbs., maximum rating, but would also allow a 
reading between zero and 20,000 lbs., at that outreach (radius) at which 
the rating would be 10,000 lbs., capacity--an unacceptable figure. If, 
however, accuracy is based on actual applied load under the same 
conditions, the acceptable range would remain the same with the 100,000-
lb. load but becomes a figure between 9,000 and 11,000 lbs., a much 
different and acceptable condition, at the 10,000-lb. load.
    (vii) When the device uses the radius as a factor in its use or in 
its operating indications, the indicated radius (which may be in feet 
and/or meters, or degrees of boom angle, depending on the system used) 
shall be a figure which is within the range of a figure no greater than 
110 percent of the actual radius to a figure which is no less than 97 
percent of the actual (true) radius. When radius is presented in 
degrees, and feet or meters are required for necessary determinations, a 
conversion chart shall be provided.
    (viii) The load indicating device requirements of this subparagraph 
do not apply to a crane (a) of trolley equipped bridge type while 
handling containers known to be and identified as empty, or loaded, and 
in either case in compliance with the provisions of Sec. 1918.85(b) of 
this part; or while hoisting other lifts by means of a lifting beam 
supplied by the crane manufacturer for the purpose and in all cases 
within the crane rating; (b) while handling bulk commodities or cargoes 
by means of clamshell bucket or magnet; (c) while used to handle or hold 
hoses in connection with transfer of bulk liquids, or other hose handled 
products; or (d) while the crane is used exclusively to handle cargo or 
equipment the total actual gross weight of which is known by means of 
marking of the unit or units hoisted, when such total actual gross 
weight never exceeds 11,200 lbs., and when 11,200 lbs., is less than the 
rated capacity of the crane at the maximum outreach that is possible 
under the conditions of use at the time.
    (ix) Effective date of paragraph (a)(9). The provisions of this 
paragraph (a)(9) shall become effective on May 27, 1972, or at the time 
of the next regular certification survey subsequent to that date.
    (10) Accessible areas within the swing radius of the outermost part 
of the body of a revolving crane shall be temporarily guarded by ropes 
or other suitable means during cargo operations, so as to prevent an 
employee being in a position to be caught between the body of the crane 
and fixed parts of the vessel or of the crane itself.
    (11) During the hours of darkness, illumination provided shall be 
sufficient under the prevailing circumstances so that an operator can 
see clearly the work area and any signalmen associated with the 
operation.
    (b) The posted safe working loads of mobile crawler or truck cranes 
under the conditions of use shall not be exceeded.
    (c) Accessible areas within the swing radius of the outermost part 
of the body of a revolving crane shall be temporarily guarded by ropes 
or other suitable means during cargo operations, so as to prevent an 
employee being in a position to be caught between the body of the crane 
and fixed parts of the vessel or of the crane itself.



Sec. 1918.75   Notifying ship's officers before using certain equipment.

    (a) The employer shall notify the officer in charge of the vessel 
before bringing aboard ship internal combustion or electric powered 
tools, equipment or vehicles.
    (b) The employer shall also notify the officer in charge of the 
vessel before using the ship's electric power for the operation of any 
of his electric tools or equipment.



Sec. 1918.76   Grounding.

    (a) The frames of portable electric equipment and tools, except 
double insulated tools approved by Underwriters' Laboratories, Inc., 
shall be grounded either through a third wire in the cable containing 
the circuit conductors or through a separate wire

[[Page 285]]

which is grounded at the source of the current.
    (b) Grounding circuits, other than by means of the structure of the 
vessel on which the equipment is being used, shall be checked to ensure 
that the circuit between the ground and the grounded power conductor has 
resistance low enough to permit sufficient current to flow to cause the 
fuse or circuit breaker to interrupt the current.



                      Subpart H--Handling Cargo \1\
---------------------------------------------------------------------------

    \1\ 46 CFR Parts 146-147 contains regulations of the U.S. Coast 
Guard pertaining to the handling of explosives and other dangerous 
cargo.
---------------------------------------------------------------------------



Sec. 1918.81   Slinging.

    (a) Drafts shall be safely slung before being hoisted. Loose dunnage 
or debris hanging or protruding from loads shall be removed.
    (b) Cargo handling bridles, such as pallet bridles, which are to 
remain attached to the hoisting gear while hoisting successive drafts, 
shall be attached by shackles, or other positive means shall be taken to 
prevent them from becoming accidentally disengaged from the cargo hook.
    (c) Drafts of lumber, pipe, dunnage and other pieces, the top layer 
of which is not bound by the sling, shall be slung in such a manner as 
to prevent sliders. Double slings shall be used on unstrapped dunnage, 
except when, due to the size of hatch or deep tank openings, it is 
impractical to use them.
    (d) Case hooks shall not be used for handling cases into or out of 
the vessel, unless the cases are specifically designed to be handled by 
this means.
    (e) Bales of cotton, wool, cork, wood pulp, gunny bags or other 
similar articles shall not be hoisted into or out of the vessel by their 
straps unless the straps are of sufficient strength to support the 
weight of the bale and two hooks, each in a separate strap, are used.
    (f) Loads requiring continuous manual guidance while in motion shall 
be provided with tag lines.
    (g) No draft shall be hoisted unless the winch or crane operator(s) 
can clearly see the draft itself or see the signals of any signalman 
associated with the operation.



Sec. 1918.82   Building drafts.

    (a) Drafts shall be so built or such means shall be taken as to 
prevent cargo from falling from the draft.
    (b) Hand loaded buckets or tubs used in handling bulk cargo shall 
not be loaded above their rims.



Sec. 1918.83   Stowed cargo, tiering and breaking down.

    (a) When necessary, cargo shall be secured or blocked to prevent its 
shifting or falling.
    (b) In breaking down, precautions shall be taken, when necessary, to 
prevent the remaining cargo from falling.
    (c) Employees trimming bulk cargo shall be checked in and out by the 
foreman. Before securing any reefer compartment, a check shall be made 
to ensure that no employee remains inside. Frequent checks shall be made 
to ensure the safety of any employee working alone in a tank or cargo 
compartment.



Sec. 1918.84   Bulling cargo.

    (a) Bulling cargo shall be done with the bull line led directly from 
the heel block, except that bulling may be done from the head of the 
boom when the nature of the cargo and the surface over which it is 
dragged are such as to avoid stalling the load, or when the winch 
actually does not have sufficient strength, with the purchase used, to 
overload the boom.
    (b) Snatch blocks shall be used to provide a fair lead for the bull 
line so as to avoid unnecessary dragging of the bull line against 
coamings and obstructions.
    (c) Falls led from cargo booms of vessels shall not be used to move 
scows, lighters or railroad cars.
    (d) Snatch blocks shall not be used with the point of the hook 
resting on the flanage of a beam, but shall be hung from padeyes, straps 
or beam clamps. Snatch blocks or straps shall not be made fast to batten 
cleats or other insecure fittings.
    (e) Beam or frame clamps shall be so secured to the beam as to 
minimize the possibility of their slipping, falling or being pulled from 
the beam.

[[Page 286]]



Sec. 1918.85   Containerized cargo.

    (a) On every cargo container there shall be permanently marked in 
pounds (1) the weight of the container when empty, (2) the maximum cargo 
weight that the container is intended and designed by its manufacturer 
to carry, and (3) the sum of these two weights.
    (b) No container shall be loaded aboard or discharged from any 
vessel by means of hoisting by ship's cargo handling gear or by shore 
crane or derrick unless the following conditions have been met:
    (1) In the case of an empty container, it shall be ascertained from 
the carrier that such is the case and the container shall be identified 
before loading or discharge either by marking, in cargo stowage plans, 
by both means, or otherwise in such manner that every supervisor and 
foreman on the site and in charge of loading or discharging, and/or 
every crane or other hoisting equipment operator, and signalman, if any, 
shall be enabled to know that such container is empty.
    (2) In the case of a loaded container, either the actual gross 
weight shall be plainly marked so as to be visible to the crane or other 
hoisting equipment operator or signalman, if any, and/or to every 
supervisor and foreman on the site and in charge of loading or 
discharging; or the cargo stowage plan or equivalent permanently 
recorded display serving the same purpose shall be provided to the crane 
or other hoisting equipment operator and signalman, if any, and to every 
supervisor and foreman on the site and in charge of loading or 
discharging, and contain the actual gross weight, the exact stowage 
position, and the serial number or other positive identification of that 
specific container.
    (3) Every outbound loaded container received at a marine terminal 
ready to load aboard a vessel without further consolidation or loading 
shall be weighed to obtain the actual gross weight, either at the 
terminal or elsewhere before loading aboard a vessel. The open type 
vehicle carrying container and those built specifically and used solely 
for the carriage of compressed gases are excepted from this subparagraph 
and from paragraphs (b) (4) and (5) of this section.
    (4) When container weighing scales are located at a marine terminal, 
any outbound container with a load consolidated at that terminal shall 
be weighed to obtain an actual gross weight before loading aboard a 
vessel.
    (5) When there are no container weighing scales located at a marine 
terminal at which outbound containers are loaded with cargo, or where 
container loads are completed or consolidated there or elsewhere, and no 
weighing facility is available and located in a reasonably accessible 
location, the actual gross weight may be calculated, providing that 
accurate weights of all contents are known and a list of same, including 
the empty container weight, is totaled and posted on the container in a 
conspicuous place with identification of the source and date of 
calculation. Such list of contents may refer to cartons, cases, or other 
means of packaging but need not specifically identify the commodity or 
commodities involved except as otherwise required by law. Container 
weights so arrived at shall be subject to random sample weight checks at 
the nearest weighing facility. In cases where such weight checks or 
experience otherwise indicate consistently inaccurate weights arrived at 
by this means, the weight of containers so calculated at the source from 
which the inaccurate weights originated may no longer be recognized as 
true gross weights, in which case such containers may not be loaded 
aboard a vessel unless actual gross weights have been obtained by 
weighing. This procedure shall be continued until the Administration is 
satisfied by reasonable experience thereunder that correct weights will 
be furnished.
    (6) In the case of loaded inbound containers from foreign ports, 
they shall, if they have not been weighed, have the calculated weight 
posted in the manner prescribed by paragraph (b)(5) of this section. All 
loaded inbound containers from foreign ports shall be subject to random 
sample weight checks at a time satisfactory to the Administration which 
may be at any time up to unloading the contents of the container at the 
terminal or until the container is delivered unopened to the

[[Page 287]]

land carrier. When such checks indicate a pattern of significant and 
continuing inaccuracy or when the provisions of paragraph (b)(7) of this 
section are not met, such suitable means as are acceptable to the 
Administration to protect the safety of the workers involved shall be 
taken during discharge to assure safety and such means shall be 
continued until the Administration is satisfied by experience thereunder 
that correct weights will be furnished.
    (7) The identification and documentation provisions of paragraphs 
(b) (1) and (2) of this section shall apply to containers originating 
from foreign ports.
    (8) Any scale used within the United States to weigh containers for 
the purpose of the requirements of this section shall meet the accuracy 
standards of the state or local public authority in which the scale is 
located.
    (c) No container shall be hoisted if its actual gross weight exceeds 
the weight marked as required in paragraph (a)(3) of this section, or if 
it exceeds the capacity of the crane or other hoisting device intended 
for use, under the conditions in which said crane or other hoisting 
device is used. All hoisting of containers shall be by means which will 
safely do so without probable damage to the container, and using the 
lifting fittings provided.
    (d) All outbound containers shall be inspected before loading for 
any visible defects in structural members and fittings, which would 
render unsafe their handling in loading. To the extent it is 
practicable, inbound containers shall be similarly inspected before 
discharge. Any outbound container found to have such a defect shall not 
be loaded unless the defect is first corrected. Any inbound container 
found to have such a defect shall either be discharged by such special 
means as to insure safety or shall be emptied before discharge.
    (e) For the purpose of this section, the term ``container'' means a 
reusable cargo container of rigid construction and rectangular 
configuration, intended to contain one or more articles of cargo or bulk 
commodities for shipment aboard a vessel, and capable of utilization for 
this purpose by one or more other modes of transport without 
intermediate reloading. The term includes completely enclosed units, 
open top units, half or other fractional height units, units 
incorporating liquid or gas tanks, and any other variations serving the 
same basic purpose and fitting into the container system, demountable or 
with attached wheels. The term, however, does not include cylinders, 
drums, crates, cases, cartons, packages, sacks, unitized loads or any 
other of the usual forms of packaging.



Sec. 1918.86   Hazardous cargo.

    (a) Prior to the start of cargo handling operations a responsible 
representative of the employer shall ascertain from labels on the cargo, 
from the dangerous cargo manifest, or from other shipping documents, 
what hazardous cargoes, if any, are to be handled and the general nature 
of the hazard. He shall inform employees of the general nature of the 
hazard, the importance to the employees of preventing damage to the 
cargo, and the special precautions to be taken. The responsible 
representative of the employer aboard the vessel shall instruct the 
employees to notify him of any leaks or spills.
    (b) Drafts of cargo ascertained by the employer to be hazardous 
shall be so slung and secured that neither the draft nor individual 
packages can fall as a result of tipping the draft or slacking the 
supporting gear.
    (c) If a cargo ascertained by the employer to be hazardous is 
spilled or any of its containers has or develops a serious leak, the 
employees shall be removed from the hold or compartment until the 
employer has ascertained the specific hazards, has provided such 
personal protective equipment and clothing and such ventilation and fire 
protective equipment as may be necessary to avoid, or protect against, 
the hazard, and has instructed the employees as to the safe method of 
cleaning up and disposing of a spill or handling and disposing of the 
leaking containers. The actual work of clean up or disposal shall be 
carried out under the personal supervision of a responsible 
representative of the employer aboard the vessel.

[[Page 288]]



                  Subpart I--General Working Conditions



Sec. 1918.90  Hazard communication.

    (a) Purpose. (1) The purpose of this section is to ensure that the 
hazards of all chemicals produced or imported are evaluated, and that 
information concerning their hazards is transmitted to employers and 
employees. This transmittal of information is to be accomplished by 
means of comprehensive hazard communication programs, which are to 
include container labeling and other forms of warning, material safety 
data sheets and employee training.
    (2) This occupational safety and health standard is intended to 
address comprehensively the issue of evaluating the potential hazards of 
chemicals, and communicating information concerning hazards and 
appropriate protective measures to employees, and to preempt any legal 
requirements of a state, or political subdivision of a state, pertaining 
to this subject. Evaluating the potential hazards of chemicals, and 
communicating information concerning hazards and appropriate protective 
measures to employees, may include, for example, but is not limited to, 
provisions for: developing and maintaining a written hazard 
communication program for the workplace, including lists of hazardous 
chemicals present; labeling of containers of chemicals in the workplace, 
as well as of containers of chemicals being shipped to other workplaces; 
preparation and distribution of material safety data sheets to employees 
and downstream employers; and development and implementation of employee 
training programs regarding hazards of chemicals and protective 
measures. Under section 18 of the Act, no state or political subdivision 
of a state may adopt or enforce, through any court or agency, any 
requirement relating to the issue addressed by this Federal standard, 
except pursuant to a Federally-approved state plan.
    (b) Scope and application. (1) This section requires chemical 
manufacturers or importers to assess the hazards of chemicals which they 
produce or import, and all employers to provide information to their 
employees about the hazardous chemicals to which they are exposed, by 
means of a hazard communication program, labels and other forms of 
warning, material safety data sheets, and information and training. In 
addition, this section requires distributors to transmit the required 
information to employers. (Employers who do not produce or import 
chemicals need only focus on those parts of this rule that deal with 
establishing a workplace program and communicating information to their 
workers. Appendix E of this section is a general guide for such 
employers to help them determine their compliance obligations under the 
rule.)
    (2) This section applies to any chemical which is known to be 
present in the workplace in such a manner that employees may be exposed 
under normal conditions of use or in a foreseeable emergency.
    (3) This section applies to laboratories only as follows:
    (i) Employers shall ensure that labels on incoming containers of 
hazardous chemicals are not removed or defaced;
    (ii) Employers shall maintain any material safety data sheets that 
are received with incoming shipments of hazardous chemicals, and ensure 
that they are readily accessible during each workshift to laboratory 
employees when they are in their work areas;
    (iii) Employers shall ensure that laboratory employees are provided 
information and training in accordance with paragraph (h) of this 
section, except for the location and availability of the written hazard 
communication program under paragraph (h)(2)(iii) of this section; and,
    (iv) Laboratory employers that ship hazardous chemicals are 
considered to be either a chemical manufacturer or a distributor under 
this rule, and thus must ensure that any containers of hazardous 
chemicals leaving the laboratory are labeled in accordance with 
paragraph (f)(1) of this section, and that a material safety data sheet 
is provided to distributors and other employers in accordance with 
paragraphs (g)(6) and (g)(7) of this section.
    (4) In work operations where employees only handle chemicals in 
sealed containers which are not opened under normal conditions of use 
(such as are

[[Page 289]]

found in marine cargo handling, warehousing, or retail sales), this 
section applies to these operations only as follows:
    (i) Employers shall ensure that labels on incoming containers of 
hazardous chemicals are not removed or defaced;
    (ii) Employers shall maintain copies of any material safety data 
sheets that are received with incoming shipments of the sealed 
containers of hazardous chemicals, shall obtain a material safety data 
sheet as soon as possible for sealed containers of hazardous chemicals 
received without a material safety data sheet if an employee requests 
the material safety data sheet, and shall ensure that the material 
safety data sheets are readily accessible during each work shift to 
employees when they are in their work area(s); and,
    (iii) Employers shall ensure that employees are provided with 
information and training in accordance with paragraph (h) of this 
section (except for the location and availability of the written hazard 
communication program under paragraph (h)(2)(iii) of this section), to 
the extent necessary to protect them in the event of a spill or leak of 
a hazardous chemical from a sealed container.
    (5) This section does not require labeling of the following 
chemicals:
    (i) Any pesticide as such term is defined in the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when 
subject to the labeling requirements of that Act and labeling 
regulations issued under that Act by the Environmental Protection 
Agency;
    (ii) Any chemical substance or mixture as such terms are defined in 
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), when subject 
to the labeling requirements of that Act and labeling regulations issued 
under that Act by the Environmental Protection Agency;
    (iii) Any food, food additive, color additive, drug, cosmetic, or 
medical or veterinary device or product, including materials intended 
for use as ingredients in such products (e.g. flavors and fragrances), 
as such terms are defined in the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.) or the Virus-Serum-Toxin Act of 1913 (21 U.S.C. 
151 et seq.), and regulations issued under those Acts, when they are 
subject to the labeling requirements under those Acts by either the Food 
and Drug Administration or the Department of Agriculture;
    (iv) Any distilled spirits (beverage alcohols), wine, or malt 
beverage intended for nonindustrial use, as such terms are defined in 
the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and 
regulations issued under that Act, when subject to the labeling 
requirements of that Act and labeling regulations issued under that Act 
by the Bureau of Alcohol, Tobacco, and Firearms;
    (v) Any consumer product or hazardous substance as those terms are 
defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, 
when subject to a consumer product safety standard or labeling 
requirement of those Acts, or regulations issued under those Acts by the 
Consumer Product Safety Commission; and,
    (vi) Agricultural or vegetable seed treated with pesticides and 
labeled in accordance with the Federal Seed Act (7 U.S.C. 1551 et seq.) 
and the labeling regulations issued under that Act by the Department of 
Agriculture.
    (6) This section does not apply to:
    (i) Any hazardous waste as such term is defined by the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to 
regulations issued under that Act by the Environmental Protection 
Agency;
    (ii) Any hazardous substance as such term is defined by the 
Comprehensive Environmental Response, Compensation and Liability ACT 
(CERCLA) (42 U.S.C. 9601 et seq.) when the hazardous substance is the 
focus of remedial or removal action being conducted under CERCLA in 
accordance with Environmental Protection Agency regulations.
    (iii) Tobacco or tobacco products;
    (iv) Wood or wood products, including lumber which will not be 
processed, where the chemical manufacturer or importer can establish 
that the only hazard they pose to employees is the potential for 
flammability or combustibility (wood or wood products which

[[Page 290]]

have been treated with a hazardous chemical covered by this standard, 
and wood which may be subsequently sawed or cut, generating dust, are 
not exempted);
    (v) Articles (as that term is defined in paragraph (c) of this 
section);
    (vi) Food or alcoholic beverages which are sold, used, or prepared 
in a retail establishment (such as a grocery store, restaurant, or 
drinking place), and foods intended for personal consumption by 
employees while in the workplace;
    (vii) Any drug, as that term is defined in the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.), when it is in solid, final 
form for direct administration to the patient (e.g., tablets or pills); 
drugs which are packaged by the chemical manufacturer for sale to 
consumers in a retail establishment (e.g., over-the-counter drugs); and 
drugs intended for personal consumption by employees while in the 
workplace (e.g., first aid supplies);
    (viii) Cosmetics which are packaged for sale to consumers in a 
retail establishment, and cosmetics intended for personal consumption by 
employees while in the workplace;
    (ix) Any consumer product or hazardous substance, as those terms are 
defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, 
where the employer can show that it is used in the workplace for the 
purpose intended by the chemical manufacturer or importer of the 
product, and the use results in a duration and frequency of exposure 
which is not greater than the range of exposures that could reasonably 
be experienced by consumers when used for the purpose intended;
    (x) Nuisance particulates where the chemical manufacturer or 
importer can establish that they do not pose any physical or health 
hazard covered under this section;
    (xi) Ionizing and nonionizing radiation; and,
    (xii) Biological hazards.
    (c) Definitions.
    Article means a manufactured item other than a fluid or particle:
    (i) Which is formed to a specific shape or design during 
manufacture;
    (ii) Which has end use function(s) dependent in whole or in part 
upon its shape or design during end use; and
    (iii) Which under normal conditions of use does not release more 
than very small quantities, e.g., minute or trace amounts of a hazardous 
chemical (as determined under paragraph (d) of this section), and does 
not pose a physical hazard or health risk to employees.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    Chemical means any element, chemical compound or mixture of elements 
and/or compounds.
    Chemical manufacturer means an employer with a workplace where 
chemical(s) are produced for use or distribution.
    Chemical name means the scientific designation of a chemical in 
accordance with the nomenclature system developed by the International 
Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts 
Service (CAS) rules of nomenclature, or a name which will clearly 
identify the chemical for the purpose of conducting a hazard evaluation.
    Combustible liquid means any liquid having a flashpoint at or above 
100  deg.F (37.8  deg.C), but below 200  deg.F (93.3  deg.C), except any 
mixture having components with flashpoints of 200  deg.F (93.3  deg.C), 
or higher, the total volume of which make up 99 percent or more of the 
total volume of the mixture.
    Commercial account means an arrangement whereby a retail distributor 
sells hazardous chemicals to an employer, generally in large quantities 
over time and/or at costs that are below the regular retail price.
    Common name means any designation or identification such as code 
name, code number, trade name, brand name or generic name used to 
identify a chemical other than by its chemical name.
    Compressed gas means:
    (i) A gas or mixture of gases having, in a container, an absolute 
pressure exceeding 40 psi at 70  deg.F (21.1  deg.C); or
    (ii) A gas or mixture of gases having, in a container, an absolute 
pressure exceeding 104 psi at 130  deg.F (54.4  deg.C) regardless of the 
pressure at 70  deg.F (21.1  deg.C); or

[[Page 291]]

    (iii) A liquid having a vapor pressure exceeding 40 psi at 100 
deg.F (37.8  deg.C) as determined by ASTM D-323-72.
    Container means any bag, barrel, bottle, box, can, cylinder, drum, 
reaction vessel, storage tank, or the like that contains a hazardous 
chemical. For purposes of this section, pipes or piping systems, and 
engines, fuel tanks, or other operating systems in a vehicle, are not 
considered to be containers.
    Designated representative means any individual or organization to 
whom an employee gives written authorization to exercise such employee's 
rights under this section. A recognized or certified collective 
bargaining agent shall be treated automatically as a designated 
representative without regard to written employee authorization.
    Director means the Director, National Institute for Occupational 
Safety and Health, U.S. Department of Health and Human Services, or 
designee.
    Distributor means a business, other than a chemical manufacturer or 
importer, which supplies hazardous chemicals to other distributors or to 
employers.
    Employee means a worker who may be exposed to hazardous chemicals 
under normal operating conditions or in foreseeable emergencies. Workers 
such as office workers or bank tellers who encounter hazardous chemicals 
only in non-routine, isolated instances are not covered.
    Employer means a person engaged in a business where chemicals are 
either used, distributed, or are produced for use or distribution, 
including a contractor or subcontractor.
    Explosive means a chemical that causes a sudden, almost 
instantaneous release of pressure, gas, and heat when subjected to 
sudden shock, pressure, or high temperature.
    Exposure or exposed means that an employee is subjected in the 
course of employment to a chemical that is a physical or health hazard, 
and includes potential (e.g. accidental or possible) exposure. 
``Subjected'' in terms of health hazards includes any route of entry 
(e.g. inhalation, ingestion, skin contact or absorption.)
    Flammable means a chemical that falls into one of the following 
categories:
    (i) Aerosol, flammable means an aerosol that, when tested by the 
method described in 16 CFR 1500.45, yields a flame projection exceeding 
18 inches at full valve opening, or a flashback (a flame extending back 
to the valve) at any degree of valve opening;
    (ii) Gas, flammable means:
    (A) A gas that, at ambient temperature and pressure, forms a 
flammable mixture with air at a concentration of thirteen (13) percent 
by volume or less; or
    (B) A gas that, at ambient temperature and pressure, forms a range 
of flammable mixtures with air wider than twelve (12) percent by volume, 
regardless of the lower limit;
    (iii) Liquid, flammable means any liquid having a flashpoint below 
100 deg.F (37.8 deg.C), except any mixture having components with 
flashpoints of 100 deg.F (37.8 deg.C) or higher, the total of which make 
up 99 percent or more of the total volume of the mixture.
    (iv) Solid, flammable means a solid, other than a blasting agent or 
explosive as defined in Sec. 1910.109(a), that is liable to cause fire 
through friction, absorption of moisture, spontaneous chemical change, 
or retained heat from manufacturing or processing, or which can be 
ignited readily and when ignited burns so vigorously and persistently as 
to create a serious hazard. A chemical shall be considered to be a 
flammable solid if, when tested by the method described in 16 CFR 
1500.44, it ignites and burns with a self-sustained flame at a rate 
greater than one-tenth of an inch per second along its major axis.
    Flashpoint means the minimum temperature at which a liquid gives off 
a vapor in sufficient concentration to ignite when tested as follows:
    (i) Tagliabue Closed Tester (See American National Standard Method 
of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-
79)) for liquids with a viscosity of less than 45 Saybolt Universal 
Seconds (SUS) at 100 deg.F (37.8 deg.C), that do not contain suspended 
solids and do not have a tendency to form a surface film under test; or
    (ii) Pensky-Martens Closed Tester (see American National Standard 
Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-

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1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater 
than 45 SUS at 100 deg.F (37.8 deg.C), or that contain suspended solids, 
or that have a tendency to form a surface film under test; or
    (iii) Setaflash Closed Tester (see American National Standard Method 
of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78)).

Organic peroxides, which undergo autoaccelerating thermal decomposition, 
are excluded from any of the flashpoint determination methods specified 
above.
    Foreseeable emergency means any potential occurrence such as, but 
not limited to, equipment failure, rupture of containers, or failure of 
control equipment which could result in an uncontrolled release of a 
hazardous chemical into the workplace.
    Hazardous chemical means any chemical which is a physical hazard or 
a health hazard.
    Hazard warning means any words, pictures, symbols, or combination 
thereof appearing on a label or other appropriate form of warning which 
convey the specific physical and health hazard(s), including target 
organ effects, of the chemical(s) in the container(s). (See the 
definitions for ``physical hazard'' and ``health hazard'' to determine 
the hazards which must be covered.)
    Health hazard means a chemical for which there is statistically 
significant evidence based on at least one study conducted in accordance 
with established scientific principles that acute or chronic health 
effects may occur in exposed employees. The term ``health hazard'' 
includes chemicals which are carcinogens, toxic or highly toxic agents, 
reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, 
nephrotoxins, neurotoxins, agents which act on the hematopoietic system, 
and agents which damage the lungs, skin, eyes, or mucous membranes. 
Appendix A provides further definitions and explanations of the scope of 
health hazards covered by this section, and Appendix B describes the 
criteria to be used to determine whether or not a chemical is to be 
considered hazardous for purposes of this standard.
    Identity means any chemical or common name which is indicated on the 
material safety data sheet (MSDS) for the chemical. The identity used 
shall permit cross-references to be made among the required list of 
hazardous chemicals, the label and the MSDS.
    Immediate use means that the hazardous chemical will be under the 
control of and used only by the person who transfers it from a labeled 
container and only within the work shift in which it is transferred.
    Importer means the first business with employees within the Customs 
Territory of the United States which receives hazardous chemicals 
produced in other countries for the purpose of supplying them to 
distributors or employers within the United States.
    Label means any written, printed, or graphic material displayed on 
or affixed to containers of hazardous chemicals.
    Material safety data sheet (MSDS) means written or printed material 
concerning a hazardous chemical which is prepared in accordance with 
paragraph (g) of this section.
    Mixture means any combination of two or more chemicals if the 
combination is not, in whole or in part, the result of a chemical 
reaction.
    Organic peroxide means an organic compound that contains the 
bivalent -O-O-structure and which may be considered to be a structural 
derivative of hydrogen peroxide where one or both of the hydrogen atoms 
has been replaced by an organic radical.
    Oxidizer means a chemical other than a blasting agent or explosive 
as defined in Sec. 1910.109(a), that initiates or promotes combustion in 
other materials, thereby causing fire either of itself or through the 
release of oxygen or other gases.
    Physical hazard means a chemical for which there is scientifically 
valid evidence that it is a combustible liquid, a compressed gas, 
explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, 
unstable (reactive) or water-reactive.
    Produce means to manufacture, process, formulate, blend, extract, 
generate, emit, or repackage.

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    Pyrophoric means a chemical that will ignite spontaneously in air at 
a temperature of 130 deg.F (54.4 deg.C) or below.
    Responsible party means someone who can provide additional 
information on the hazardous chemical and appropriate emergency 
procedures, if necessary.
    Specific chemical identity means the chemical name, Chemical 
Abstracts Service (CAS) Registry Number, or any other information that 
reveals the precise chemical designation of the substance.
    Trade secret means any confidential formula, pattern, process, 
device, information or compilation of information that is used in an 
employer's business, and that gives the employer an opportunity to 
obtain an advantage over competitors who do not know or use it. Appendix 
D sets out the criteria to be used in evaluating trade secrets.
    Unstable (reactive) means a chemical which in the pure state, or as 
produced or transported, will vigorously polymerize, decompose, 
condense, or will become self-reactive under conditions of shocks, 
pressure or temperature.
    Use means to package, handle, react, emit, extract, generate as a 
byproduct, or transfer.
    Water-reactive means a chemical that reacts with water to release a 
gas that is either flammable or presents a health hazard.
    Work area means a room or defined space in a workplace where 
hazardous chemicals are produced or used, and where employees are 
present.
    Workplace means an establishment, job site, or project, at one 
geographical location containing one or more work areas.
    (d) Hazard determination. (1) Chemical manufacturers and importers 
shall evaluate chemicals produced in their workplaces or imported by 
them to determine if they are hazardous. Employers are not required to 
evaluate chemicals unless they choose not to rely on the evaluation 
performed by the chemical manufacturer or importer for the chemical to 
satisfy this requirement.
    (2) Chemical manufacturers, importers or employers evaluating 
chemicals shall identify and consider the available scientific evidence 
concerning such hazards. For health hazards, evidence which is 
statistically significant and which is based on at least one positive 
study conducted in accordance with established scientific principles is 
considered to be sufficient to establish a hazardous effect if the 
results of the study meet the definitions of health hazards in this 
section. Appendix A shall be consulted for the scope of health hazards 
covered, and Appendix B shall be consulted for the criteria to be 
followed with respect to the completeness of the evaluation, and the 
data to be reported.
    (3) The chemical manufacturer, importer or employer evaluating 
chemicals shall treat the following sources as establishing that the 
chemicals listed in them are hazardous:
    (i) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances, 
Occupational Safety and Health Administration (OSHA); or,
    (ii) Threshold Limit Values for Chemical Substances and Physical 
Agents in the Work Environment, American Conference of Governmental 
Industrial Hygienists (ACGIH) (latest edition). The chemical 
manufacturer, importer, or employer is still responsible for evaluating 
the hazards associated with the chemicals in these source lists in 
accordance with the requirements of this standard.
    (4) Chemical manufacturers, importers and employers evaluating 
chemicals shall treat the following sources as establishing that a 
chemical is a carcinogen or potential carcinogen for hazard 
communication purposes:
    (i) National Toxicology Program (NTP), Annual Report on Carcinogens 
(latest edition);
    (ii) International Agency for Research on Cancer (IARC) Monographs 
(latest editions); or
    (iii) 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances, 
Occupational Safety and Health Administration.

    Note: The Registry of Toxic Effects of Chemical Substances published 
by the National Institute for Occupational Safety and Health indicates 
whether a chemical has been found by NTP or IARC to be a potential 
carcinogen.

    (5) The chemical manufacturer, importer or employer shall determine 
the

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hazards of mixtures of chemicals as follows:
    (i) If a mixture has been tested as a whole to determine its 
hazards, the results of such testing shall be used to determine whether 
the mixture is hazardous;
    (ii) If a mixture has not been tested as a whole to determine 
whether the mixture is a health hazard, the mixture shall be assumed to 
present the same health hazards as do the components which comprise one 
percent (by weight or volume) or greater of the mixture, except that the 
mixture shall be assumed to present a carcinogenic hazard if it contains 
a component in concentrations of 0.1 percent or greater which is 
considered to be a carcinogen under paragraph (d)(4) of this section;
    (iii) If a mixture has not been tested as a whole to determine 
whether the mixture is a physical hazard, the chemical manufacturer, 
importer, or employer may use whatever scientifically valid data is 
available to evaluate the physical hazard potential of the mixture; and,
    (iv) If the chemical manufacturer, importer, or employer has 
evidence to indicate that a component present in the mixture in 
concentrations of less than one percent (or in the case of carcinogens, 
less than 0.1 percent) could be released in concentrations which would 
exceed an established OSHA permissible exposure limit or ACGIH Threshold 
Limit Value, or could present a health risk to employees in those 
concentrations, the mixture shall be assumed to present the same hazard.
    (6) Chemical manufacturers, importers, or employers evaluating 
chemicals shall describe in writing the procedures they use to determine 
the hazards of the chemical they evaluate. The written procedures are to 
be made available, upon request, to employees, their designated 
representatives, the Assistant Secretary and the Director. The written 
description may be incorporated into the written hazard communication 
program required under paragraph (e) of this section.
    (e) Written hazard communication program. (1) Employers shall 
develop, implement, and maintain at each workplace, a written hazard 
communication program which at least describes how the criteria 
specified in paragraphs (f), (g), and (h) of this section for labels and 
other forms of warning, material safety data sheets, and employee 
information and training will be met, and which also includes the 
following:
    (i) A list of the hazardous chemicals known to be present using an 
identity that is referenced on the appropriate material safety data 
sheet (the list may be compiled for the workplace as a whole or for 
individual work areas); and,
    (ii) The methods the employer will use to inform employees of the 
hazards of non-routine tasks (for example, the cleaning of reactor 
vessels), and the hazards associated with chemicals contained in 
unlabeled pipes in their work areas.
    (2) Multi-employer workplaces. Employers who produce, use, or store 
hazardous chemicals at a workplace in such a way that the employees of 
other employer(s) may be exposed (for example, employees of a 
construction contractor working on-site) shall additionally ensure that 
the hazard communication programs developed and implemented under this 
paragraph (e) include the following:
    (i) The methods the employer will use to provide the other 
employer(s) on-site access to material safety data sheets for each 
hazardous chemical the other employer(s)' employees may be exposed to 
while working;
    (ii) The methods the employer will use to inform the other 
employer(s) of any precautionary measures that need to be taken to 
protect employees during the workplace's normal operating conditions and 
in foreseeable emergencies; and,
    (iii) The methods the employer will use to inform the other 
employer(s) of the labeling system used in the workplace.
    (3) The employer may rely on an existing hazard communication 
program to comply with these requirements, provided that it meets the 
criteria established in this paragraph (e).
    (4) The employer shall make the written hazard communication program 
available, upon request, to employees, their designated representatives, 
the Assistant Secretary and the

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Director, in accordance with the requirements of 29 CFR 1910.20 (e).
    (5) Where employees must travel between workplaces during a 
workshift, i.e., their work is carried out at more than one geographical 
location, the written hazard communication program may be kept at the 
primary workplace facility.
    (f) Labels and other forms of warning. (1) The chemical 
manufacturer, importer, or distributor shall ensure that each container 
of hazardous chemicals leaving the workplace is labeled, tagged or 
marked with the following information:
    (i) Identity of the hazardous chemical(s);
    (ii) Appropriate hazard warnings; and
    (iii) Name and address of the chemical manufacturer, importer, or 
other responsible party.
    (2)(i) For solid metal (such as a steel beam or a metal casting), 
solid wood, or plastic items that are not exempted as articles due to 
their downstream use, or shipments of whole grain, the required label 
may be transmitted to the customer at the time of the initial shipment, 
and need not be included with subsequent shipments to the same employer 
unless the information on the label changes;
    (ii) The label may be transmitted with the initial shipment itself, 
or with the material safety data sheet that is to be provided prior to 
or at the time of the first shipment; and,
    (iii) This exception to requiring labels on every container of 
hazardous chemicals is only for the solid material itself, and does not 
apply to hazardous chemicals used in conjunction with, or known to be 
present with, the material and to which employees handling the items in 
transit may be exposed (for example, cutting fluids or pesticides in 
grains).
    (3) Chemical manufacturers, importers, or distributors shall ensure 
that each container of hazardous chemicals leaving the workplace is 
labeled, tagged, or marked in accordance with this section in a manner 
which does not conflict with the requirements of the Hazardous Materials 
Transportation Act (49 U.S.C. 1801 et seq.) and regulations issued under 
that Act by the Department of Transportation.
    (4) If the hazardous chemical is regulated by OSHA in a substance-
specific health standard, the chemical manufacturer, importer, 
distributor or employer shall ensure that the labels or other forms of 
warning used are in accordance with the requirements of that standard.
    (5) Except as provided in paragraphs (f)(6) and (f)(7) of this 
section, the employer shall ensure that each container of hazardous 
chemicals in the workplace is labeled, tagged or marked with the 
following information:
    (i) Identity of the hazardous chemical(s) contained therein; and,
    (ii) Appropriate hazard warnings, or alternatively, 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.
    (6) The employer may use signs, placards, process sheets, batch 
tickets, operating procedures, or other such written materials in lieu 
of affixing labels to individual stationary process containers, as long 
as the alternative method identifies the containers to which it is 
applicable and conveys the information required by paragraph (f)(5) of 
this section to be on a label. The written materials shall be readily 
accessible to the employees in their work area throughout each work 
shift.
    (7) The employer is not required to label portable containers into 
which hazardous chemicals are transferred from labeled containers, and 
which are intended only for the immediate use of the employee who 
performs the transfer. For purposes of this section, drugs which are 
dispensed by a pharmacy to a health care provider for direct 
administration to a patient are exempted from labeling.
    (8) The employer shall not remove or deface existing labels on 
incoming containers of hazardous chemicals, unless the container is 
immediately marked with the required information.

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    (9) The employer shall ensure that labels or other forms of warning 
are legible, in English, and prominently displayed on the container, or 
readily available in the work area throughout each work shift. Employers 
having employees who speak other languages may add the information in 
their language to the material presented, as long as the information is 
presented in English as well.
    (10) The chemical manufacturer, importer, distributor or employer 
need not affix new labels to comply with this section if existing labels 
already convey the required information.
    (11) Chemical manufacturers, importers, distributors, or employers 
who become newly aware of any significant information regarding the 
hazards of a chemical shall revise the labels for the chemical within 
three months of becoming aware of the new information. Labels on 
containers of hazardous chemicals shipped after that time shall contain 
the new information. If the chemical is not currently produced or 
imported, the chemical manufacturer, importers, distributor, or employer 
shall add the information to the label before the chemical is shipped or 
introduced into the workplace again.
    (g) Material safety data sheets. (1) Chemical manufacturers and 
importers shall obtain or develop a material safety data sheet for each 
hazardous chemical they produce or import. Employers shall have a 
material safety data sheet in the workplace for each hazardous chemical 
which they use.
    (2) Each material safety data sheet shall be in English (although 
the employer may maintain copies in other languages as well), and shall 
contain at least the following information:
    (i) The identity used on the label, and, except as provided for in 
paragraph (i) of this section on trade secrets:
    (A) If the hazardous chemical is a single substance, its chemical 
and common name(s);
    (B) If the hazardous chemical is a mixture which has been tested as 
a whole to determine its hazards, the chemical and common name(s) of the 
ingredients which contribute to these known hazards, and the common 
name(s) of the mixture itself; or,
    (C) If the hazardous chemical is a mixture which has not been tested 
as a whole:
    (1) The chemical and common name(s) of all ingredients which have 
been determined to be health hazards, and which comprise 1% or greater 
of the composition, except that chemicals identified as carcinogens 
under paragraph (d) of this section shall be listed if the 
concentrations are 0.1% or greater; and,
    (2) The chemical and common name(s) of all ingredients which have 
been determined to be health hazards, and which comprise less than 1% 
(0.1% for carcinogens) of the mixture, if there is evidence that the 
ingredient(s) could be released from the mixture in concentrations which 
would exceed an established OSHA permissible exposure limit or ACGIH 
Threshold Limit Value, or could present a health risk to employees; and,
    (3) The chemical and common name(s) of all ingredients which have 
been determined to present a physical hazard when present in the 
mixture;
    (ii) Physical and chemical characteristics of the hazardous chemical 
(such as vapor pressure, flash point);
    (iii) The physical hazards of the hazardous chemical, including the 
potential for fire, explosion, and reactivity;
    (iv) The health hazards of the hazardous chemical, including signs 
and symptoms of exposure, and any medical conditions which are generally 
recognized as being aggravated by exposure to the chemical;
    (v) The primary route(s) of entry;
    (vi) The OSHA permissible exposure limit, ACGIH Threshold Limit 
Value, and any other exposure limit used or recommended by the chemical 
manufacturer, importer, or employer preparing the material safety data 
sheet, where available;
    (vii) Whether the hazardous chemical is listed in the National 
Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) 
or has been found to be a potential carcinogen in the International 
Agency for Research on Cancer (IARC) Monographs (latest editions), or by 
OSHA;
    (viii) Any generally applicable precautions for safe handling and 
use

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which are known to the chemical manufacturer, importer or employer 
preparing the material safety data sheet, including appropriate hygienic 
practices, protective measures during repair and maintenance of 
contaminated equipment, and procedures for clean-up of spills and leaks;
    (ix) Any generally applicable control measures which are known to 
the chemical manufacturer, importer or employer preparing the material 
safety data sheet, such as appropriate engineering controls, work 
practices, or personal protective equipment;
    (x) Emergency and first aid procedures;
    (xi) The date of preparation of the material safety data sheet or 
the last change to it; and,
    (xii) The name, address and telephone number of the chemical 
manufacturer, importer, employer or other responsible party preparing or 
distributing the material safety data sheet, who can provide additional 
information on the hazardous chemical and appropriate emergency 
procedures, if necessary.
    (3) If no relevant information is found for any given category on 
the material safety data sheet, the chemical manufacturer, importer or 
employer preparing the material safety data sheet shall mark it to 
indicate that no applicable information was found.
    (4) Where complex mixtures have similar hazards and contents (i.e. 
the chemical ingredients are essentially the same, but the specific 
composition varies from mixture to mixture), the chemical manufacturer, 
importer or employer may prepare one material safety data sheet to apply 
to all of these similar mixtures.
    (5) The chemical manufacturer, importer or employer preparing the 
material safety data sheet shall ensure that the information recorded 
accurately reflects the scientific evidence used in making the hazard 
determination. If the chemical manufacturer, importer or employer 
preparing the material safety data sheet becomes newly aware of any 
significant information regarding the hazards of a chemical, or ways to 
protect against the hazards, this new information shall be added to the 
material safety data sheet within three months. If the chemical is not 
currently being produced or imported the chemical manufacturer or 
importer shall add the information to the material safety data sheet 
before the chemical is introduced into the workplace again.
    (6)(i) Chemical manufacturers or importers shall ensure that 
distributors and employers are provided an appropriate material safety 
data sheet with their initial shipment, and with the first shipment 
after a material safety data sheet is updated;
    (ii) The chemical manufacturer or importer shall either provide 
material safety data sheets with the shipped containers or send them to 
the distributor or employer prior to or at the time of the shipment;
    (iii) If the material safety data sheet is not provided with a 
shipment that has been labeled as a hazardous chemical, the distributor 
or employer shall obtain one from the chemical manufacturer or importer 
as soon as possible; and,
    (iv) The chemical manufacturer or importer shall also provide 
distributors or employers with a material safety data sheet upon 
request.
    (7)(i) Distributors shall ensure that material safety data sheets, 
and updated information, are provided to other distributors and 
employers with their initial shipment and with the first shipment after 
a material safety data sheet is updated;
    (ii) The distributor shall either provide material safety data 
sheets with the shipped containers, or send them to the other 
distributor or employer prior to or at the time of the shipment;
    (iii) Retail distributors selling hazardous chemicals to employers 
having a commercial account shall provide a material safety data sheet 
to such employers upon request, and shall post a sign or otherwise 
inform them that a material safety data sheet is available;
    (iv) Wholesale distributors selling hazardous chemicals to employers 
over-the-counter may also provide material safety data sheets upon the 
request of the employer at the time of the over-the-counter purchase, 
and shall post a sign or otherwise inform such employers that a material 
safety data sheet is available;

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    (v) If an employer without a commercial account purchases a 
hazardous chemical from a retail distributor not required to have 
material safety data sheets on file (i.e., the retail distributor does 
not have commercial accounts and does not use the materials), the retail 
distributor shall provide the employer, upon request, with the name, 
address, and telephone number of the chemical manufacturer, importer, or 
distributor from which a material safety data sheet can be obtained;
    (vi) Wholesale distributors shall also provide material safety data 
sheets to employers or other distributors upon request; and,
    (vii) Chemical manufacturers, importers, and distributors need not 
provide material safety data sheets to retail distributors that have 
informed them that the retail distributor does not sell the product to 
commercial accounts or open the sealed container to use it in their own 
workplaces.
    (8) The employer shall maintain in the workplace copies of the 
required material safety data sheets for each hazardous chemical, and 
shall ensure that they are readily accessible during each work shift to 
employees when they are in their work area(s). (Electronic access, 
microfiche, and other alternatives to maintaining paper copies of the 
material safety data sheets are permitted as long as no barriers to 
immediate employee access in each workplace are created by such 
options.)
    (9) Where employees must travel between workplaces during a 
workshift, i.e., their work is carried out at more than one geographical 
location, the material safety data sheets may be kept at the primary 
workplace facility. In this situation, the employer shall ensure that 
employees can immediately obtain the required information in an 
emergency.
    (10) Material safety data sheets may be kept in any form, including 
operating procedures, and may be designed to cover groups of hazardous 
chemicals in a work area where it may be more appropriate to address the 
hazards of a process rather than individual hazardous chemicals. 
However, the employer shall ensure that in all cases the required 
information is provided for each hazardous chemical, and is readily 
accessible during each work shift to employees when they are in in their 
work area(s).
    (11) Material safety data sheets shall also be made readily 
available, upon request, to designated representatives and to the 
Assistant Secretary, in accordance with the requirements of 29 CFR 
1910.20(e). The Director shall also be given access to material safety 
data sheets in the same manner.
    (h) Employee information and training. (1) Employers shall provide 
employees with effective information and training on hazardous chemicals 
in their work area at the time of their initial assignment, and whenever 
a new physical or health hazard the employees have not previously been 
trained about is introduced into their work area. Information and 
training may be designed to cover categories of hazards (e.g., 
flammability, carcinogenicity) or specific chemicals. Chemical-specific 
information must always be available through labels and material safety 
data sheets.
    (2) Information. Employees shall be informed of:
    (i) The requirements of this section;
    (ii) Any operations in their work area where hazardous chemicals are 
present; and,
    (iii) The location and availability of the written hazard 
communication program, including the required list(s) of hazardous 
chemicals, and material safety data sheets required by this section.
    (3) Training. Employee training shall include at least:
    (i) Methods and observations that may be used to detect the presence 
or release of a hazardous chemical in the work area (such as monitoring 
conducted by the employer, continuous monitoring devices, visual 
appearance or odor of hazardous chemicals when being released, etc.);
    (ii) The physical and health hazards of the chemicals in the work 
area;
    (iii) The measures employees can take to protect themselves from 
these hazards, including specific procedures the employer has 
implemented to protect employees from exposure to hazardous chemicals, 
such as appropriate work practices, emergency procedures, and personal 
protective equipment to be used; and,

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    (iv) The details of the hazard communication program developed by 
the employer, including an explanation of the labeling system and the 
material safety data sheet, and how employees can obtain and use the 
appropriate hazard information.
    (i) Trade secrets. (1) The chemical manufacturer, importer, or 
employer may withhold the specific chemical identity, including the 
chemical name and other specific identification of a hazardous chemical, 
from the material safety data sheet, provided that:
    (i) The claim that the information withheld is a trade secret can be 
supported;
    (ii) Information contained in the material safety data sheet 
concerning the properties and effects of the hazardous chemical is 
disclosed;
    (iii) The material safety data sheet indicates that the specific 
chemical identity is being withheld as a trade secret; and,
    (iv) The specific chemical identity is made available to health 
professionals, employees, and designated representatives in accordance 
with the applicable provisions of this paragraph.
    (2) Where a treating physician or nurse determines that a medical 
emergency exists and the specific chemical identity of a hazardous 
chemical is necessary for emergency or first-aid treatment, the chemical 
manufacturer, importer, or employer shall immediately disclose the 
specific chemical identity of a trade secret chemical to that treating 
physician or nurse, regardless of the existence of a written statement 
of need or a confidentiality agreement. The chemical manufacturer, 
importer, or employer may require a written statement of need and 
confidentiality agreement, in accordance with the provisions of 
paragraphs (i) (3) and (4) of this section, as soon as circumstances 
permit.
    (3) In non-emergency situations, a chemical manufacturer, importer, 
or employer shall, upon request, disclose a specific chemical identity, 
otherwise permitted to be withheld under paragraph (i)(1) of this 
section, to a health professional (i.e. physician, industrial hygienist, 
toxicologist, epidemiologist, or occupational health nurse) providing 
medical or other occupational health services to exposed employee(s), 
and to employees or designated representatives, if:
    (i) The request is in writing;
    (ii) The request describes with reasonable detail one or more of the 
following occupational health needs for the information: 
    (A) To assess the hazards of the chemicals to which employees will 
be exposed;
    (B) To conduct or assess sampling of the workplace atmosphere to 
determine employee exposure levels;
    (C) To conduct pre-assignment or periodic medical surveillance of 
exposed employees;
    (D) To provide medical treatment to exposed employees;
    (E) To select or assess appropriate personal protective equipment 
for exposed employees;
    (F) To design or assess engineering controls or other protective 
measures for exposed employees; and,
    (G) To conduct studies to determine the health effects of exposure.
    (iii) The request explains in detail why the disclosure of the 
specific chemical identity is essential and that, in lieu thereof, the 
disclosure of the following information to the health professional, 
employee, or designated representative, would not satisfy the purposes 
described in paragraph (i)(3)(ii) of this section:
    (A) The properties and effects of the chemical;
    (B) Measures for controlling workers' exposure to the chemical;
    (C) Methods of monitoring and analyzing worker exposure to the 
chemical; and,
    (D) Methods of diagnosing and treating harmful exposures to the 
chemical;
    (iv) The request includes a description of the procedures to be used 
to maintain the confidentiality of the disclosed information; and,
    (v) The health professional, and the employer or contractor of the 
services of the health professional (i.e. downstream employer, labor 
organization, or individual employee), employee, or designated 
representative, agree in a written confidentiality agreement that the 
health professional, employee, or designated representative, will not 
use the trade secret information for any

[[Page 300]]

purpose other than the health need(s) asserted and agree not to release 
the information under any circumstances other than to OSHA, as provided 
in paragraph (i)(6) of this section, except as authorized by the terms 
of the agreement or by the chemical manufacturer, importer, or employer.
    (4) The confidentiality agreement authorized by paragraph (i)(3)(iv) 
of this section:
    (i) May restrict the use of the information to the health purposes 
indicated in the written statement of need;
    (ii) May provide for appropriate legal remedies in the event of a 
breach of the agreement, including stipulation of a reasonable pre-
estimate of likely damages; and,
    (iii) May not include requirements for the posting of a penalty 
bond.
    (5) Nothing in this standard is meant to preclude the parties from 
pursuing non-contractual remedies to the extent permitted by law.
    (6) If the health professional, employee, or designated 
representative receiving the trade secret information decides that there 
is a need to disclose it to OSHA, the chemical manufacturer, importer, 
or employer who provided the information shall be informed by the health 
professional, employee, or designated representative prior to, or at the 
same time as, such disclosure.
    (7) If the chemical manufacturer, importer, or employer denies a 
written request for disclosure of a specific chemical identity, the 
denial must:
    (i) Be provided to the health professional, employee, or designated 
representative, within thirty days of the request;
    (ii) Be in writing;
    (iii) Include evidence to support the claim that the specific 
chemical identity is a trade secret;
    (iv) State the specific reasons why the request is being denied; 
and,
    (v) Explain in detail how alternative information may satisfy the 
specific medical or occupational health need without revealing the 
specific chemical identity.
    (8) The health professional, employee, or designated representative 
whose request for information is denied under paragraph (i)(3) of this 
section may refer the request and the written denial of the request to 
OSHA for consideration.
    (9) When a health professional, employee, or designated 
representative refers the denial to OSHA under paragraph (i)(8) of this 
section, OSHA shall consider the evidence to determine if:
    (i) The chemical manufacturer, importer, or employer has supported 
the claim that the specific chemical identity is a trade secret;
    (ii) The health professional, employee, or designated representative 
has supported the claim that there is a medical or occupational health 
need for the information; and,
    (iii) The health professional, employee or designated representative 
has demonstrated adequate means to protect the confidentiality.
    (10)(i) If OSHA determines that the specific chemical identity 
requested under paragraph (i)(3) of this section is not a bona fide 
trade secret, or that it is a trade secret, but the requesting health 
professional, employee, or designated representative has a legitimate 
medical or occupational health need for the information, has executed a 
written confidentiality agreement, and has shown adequate means to 
protect the confidentiality of the information, the chemical 
manufacturer, importer, or employer will be subject to citation by OSHA.
    (ii) If a chemical manufacturer, importer, or employer demonstrates 
to OSHA that the execution of a confidentiality agreement would not 
provide sufficient protection against the potential harm from the 
unauthorized disclosure of a trade secret specific chemical identity, 
the Assistant Secretary may issue such orders or impose such additional 
limitations or conditions upon the disclosure of the requested chemical 
information as may be appropriate to assure that the occupational health 
services are provided without an undue risk of harm to the chemical 
manufacturer, importer, or employer.
    (11) If a citation for a failure to release specific chemical 
identity information is contested by the chemical manufacturer, 
importer, or employer, the matter will be adjudicated before the 
Occupational Safety and Health Review Commission in accordance with

[[Page 301]]

the Act's enforcement scheme and the applicable Commission rules of 
procedure. In accordance with the Commission rules, when a chemical 
manufacturer, importer, or employer continues to withhold the 
information during the contest, the Administrative Law Judge may review 
the citation and supporting documentation in camera or issue appropriate 
orders to protect the confidentiality of such matters.
    (12) Notwithstanding the existence of a trade secret claim, a 
chemical manufacturer, importer, or employer shall, upon request, 
disclose to the Assistant Secretary any information which this section 
requires the chemical manufacturer, importer, or employer to make 
available. Where there is a trade secret claim, such claim shall be made 
no later than at the time the information is provided to the Assistant 
Secretary so that suitable determinations of trade secret status can be 
made and the necessary protections can be implemented.
    (13) Nothing in this paragraph shall be construed as requiring the 
disclosure under any circumstances of process or percentage of mixture 
information which is a trade secret.
    (j) Effective dates. Chemical manufacturers, importers, 
distributors, and employers shall be in compliance with all provisions 
of this section by March 11, 1994.

    Note: The effective date of the clarification that the exemption of 
wood and wood products from the Hazard Communication standard in 
paragraph (b)(6)(iv) only applies to wood and wood products including 
lumber which will not be processed, where the manufacturer or importer 
can establish that the only hazard they pose to employees is the 
potential for flammability or combustibility, and that the exemption 
does not apply to wood or wood products which have been treated with a 
hazardous chemical covered by this standard, and wood which may be 
subsequently sawed or cut generating dust has been stayed from March 11, 
1994 to August 11, 1994.

    Appendix A to Sec. 1918.90--Health Hazard Definitions (Mandatory)

    Although safety hazards related to the physical characteristics of a 
chemical can be objectively defined in terms of testing requirements 
(e.g. flammability), health hazard definitions are less precise and more 
subjective. Health hazards may cause measurable changes in the body--
such as decreased pulmonary function. These changes are generally 
indicated by the occurrence of signs and symptoms in the exposed 
employees--such as shortness of breath, a non-measurable, subjective 
feeling. Employees exposed to such hazards must be apprised of both the 
change in body function and the signs and symptoms that may occur to 
signal that change.
    The determination of occupational health hazards is complicated by 
the fact that many of the effects or signs and symptoms occur commonly 
in non-occupationally exposed populations, so that effects of exposure 
are difficult to separate from normally occurring illnesses. 
Occasionally, a substance causes an effect that is rarely seen in the 
population at large, such as angiosarcomas caused by vinyl chloride 
exposure, thus making it easier to ascertain that the occupational 
exposure was the primary causative factor. More often, however, the 
effects are common, such as lung cancer. The situation is further 
complicated by the fact that most chemicals have not been adequately 
tested to determine their health hazard potential, and data do not exist 
to substantiate these effects.
    There have been many attempts to categorize effects and to define 
them in various ways. Generally, the terms ``acute'' and ``chronic'' are 
used to delineate between effects on the basis of severity or duration. 
``Acute'' effects usually occur rapidly as a result of short-term 
exposures, and are of short duration. ``Chronic'' effects generally 
occur as a result of long-term exposure, and are of long duration.
    The acute effects referred to most frequently are those defined by 
the American National Standards Institute (ANSI) standard for 
Precautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1988)--
irritation, corrosivity, sensitization and lethal dose. Although these 
are important health effects, they do not adequately cover the 
considerable range of acute effects which may occur as a result of 
occupational exposure, such as, for example, narcosis.
    Similarly, the term chronic effect is often used to cover only 
carcinogenicity, teratogenicity, and mutagenicity. These effects are 
obviously a concern in the workplace, but again, do not adequately cover 
the area of chronic effects, excluding, for example, blood dyscrasias 
(such as anemia), chronic bronchitis and liver atrophy.
    The goal of defining precisely, in measurable terms, every possible 
health effect that may occur in the workplace as a result of chemical 
exposures cannot realistically be accomplished. This does not negate the 
need for employees to be informed of such effects and protected from 
them. Appendix B, which is also mandatory, outlines the principles and 
procedures of hazard assessment.

[[Page 302]]

    For purposes of this section, any chemicals which meet any of the 
following definitions, as determined by the criteria set forth in 
Appendix B are health hazards. However, this is not intended to be an 
exclusive categorization scheme. If there are available scientific data 
that involve other animal species or test methods, they must also be 
evaluated to determine the applicability of the HCS.
    1. Carcinogen: A chemical is considered to be a carcinogen if:
    (a) It has been evaluated by the International Agency for Research 
on Cancer (IARC), and found to be a carcinogen or potential carcinogen; 
or
    (b) It is listed as a carcinogen or potential carcinogen in the 
Annual Report on Carcinogens published by the National Toxicology 
Program (NTP) (latest edition); or,
    (c) It is regulated by OSHA as a carcinogen.
    2. Corrosive: A chemical that causes visible destruction of, or 
irreversible alterations in, living tissue by chemical action at the 
site of contact. For example, a chemical is considered to be corrosive 
if, when tested on the intact skin of albino rabbits by the method 
described by the U.S. Department of Transportation in appendix A to 49 
CFR part 173, it destroys or changes irreversibly the structure of the 
tissue at the site of contact following an exposure period of four 
hours. This term shall not refer to action on inanimate surfaces.
    3. Highly toxic: A chemical falling within any of the following 
categories:
    (a) A chemical that has a median lethal dose (LD50) of 50 
milligrams or less per kilogram of body weight when administered orally 
to albino rats weighing between 200 and 300 grams each.
    (b) A chemical that has a median lethal dose (LD50) of 
200 milligrams or less per kilogram of body weight when administered by 
continuous contact for 24 hours (or less if death occurs within 24 
hours) with the bare skin of albino rabbits weighing between two and 
three kilograms each.
    (c) A chemical that has a median lethal concentration 
(LC50) in air of 200 parts per million by volume or less of 
gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust, 
when administered by continuous inhalation for one hour (or less if 
death occurs within one hour) to albino rats weighing between 200 and 
300 grams each.
    4. Irritant: A chemical, which is not corrosive, but which causes a 
reversible inflammatory effect on living tissue by chemical action at 
the site of contact. A chemical is a skin irritant if, when tested on 
the intact skin of albino rabbits by the methods of 16 CFR 1500.41 for 
four hours exposure or by other appropriate techniques, it results in an 
empirical score of five or more. A chemical is an eye irritant if so 
determined under the procedure listed in 16 CFR 1500.42 or other 
appropriate techniques.
    5. Sensitizer: A chemical that causes a substantial proportion of 
exposed people or animals to develop an allergic reaction in normal 
tissue after repeated exposure to the chemical.
    6. Toxic. A chemical falling within any of the following categories:
    (a) A chemical that has a median lethal dose (LD50) of 
more than 50 milligrams per kilogram but not more than 500 milligrams 
per kilogram of body weight when administered orally to albino rats 
weighing between 200 and 300 grams each.
    (b) A chemical that has a median lethal dose (LD50) of 
more than 200 milligrams per kilogram but not more than 1,000 milligrams 
per kilogram of body weight when administered by continuous contact for 
24 hours (or less if death occurs within 24 hours) with the bare skin of 
albino rabbits weighing between two and three kilograms each.
    (c) A chemical that has a median lethal concentration 
(LC50) in air of more than 200 parts per million but not more 
than 2,000 parts per million by volume of gas or vapor, or more than two 
milligrams per liter but not more than 20 milligrams per liter of mist, 
fume, or dust, when administered by continuous inhalation for one hour 
(or less if death occurs within one hour) to albino rats weighing 
between 200 and 300 grams each.
    7. Target organ effects.
    The following is a target organ categorization of effects which may 
occur, including examples of signs and symptoms and chemicals which have 
been found to cause such effects. These examples are presented to 
illustrate the range and diversity of effects and hazards found in the 
workplace, and the broad scope employers must consider in this area, but 
are not intended to be all-inclusive.

a. Hepatotoxins: Chemicals which produce liver damage
    Signs & Symptoms: Jaundice; liver enlargement
    Chemicals: Carbon tetrachloride; nitrosamines
b. Nephrotoxins: Chemicals which produce kidney damage
    Signs & Symptoms: Edema; proteinuria
    Chemicals: Halogenated hydrocarbons; uranium
c. Neurotoxins: Chemicals which produce their primary toxic effects on 
          the nervous system
    Signs & Symptoms: Narcosis; behavioral changes; decrease in motor 
functions
    Chemicals: Mercury; carbon disulfide
d. Agents which act on the blood or hemato-poietic system: Decrease 
          hemoglobin function; deprive the body tissues of oxygen
    Signs & Symptoms: Cyanosis; loss of consciousness
    Chemicals: Carbon monoxide; cyanides

[[Page 303]]

e. Agents which damage the lung: Chemicals which irritate or damage 
          pulmonary tissue
    Signs & Symptoms: Cough; tightness in chest; shortness of breath
    Chemicals: Silica; asbestos
f. Reproductive toxins: Chemicals which affect the reproductive 
          capabilities including chromosomal damage (mutations) and 
          effects on fetuses (teratogenesis)
    Signs & Symptoms: Birth defects; sterility
    Chemicals: Lead; DBCP
g. Cutaneous hazards: Chemicals which affect the dermal layer of the 
          body
    Signs & Symptoms: Defatting of the skin; rashes; irritation
    Chemicals: Ketones; chlorinated compounds
h. Eye hazards: Chemicals which affect the eye or visual capacity
    Signs & Symptoms: Conjunctivitis; corneal damage
    Chemicals: Organic solvents; acids

      Appendix B to Sec. 1918.90--Hazard Determination (Mandatory)

    The quality of a hazard communication program is largely dependent 
upon the adequacy and accuracy of the hazard determination. The hazard 
determination requirement of this standard is performance-oriented. 
Chemical manufacturers, importers, and employers evaluating chemicals 
are not required to follow any specific methods for determining hazards, 
but they must be able to demonstrate that they have adequately 
ascertained the hazards of the chemicals produced or imported in 
accordance with the criteria set forth in this appendix.
    Hazard evaluation is a process which relies heavily on the 
professional judgment of the evaluator, particularly in the area of 
chronic hazards. The performance-orientation of the hazard determination 
does not diminish the duty of the chemical manufacturer, importer or 
employer to conduct a thorough evaluation, examining all relevant data 
and producing a scientifically defensible evaluation. For purposes of 
this standard, the following criteria shall be used in making hazard 
determinations that meet the requirements of this standard.
    1. Carcinogenicity: As described in paragraph (d)(4) of this section 
and appendix A of this section, a determination by the National 
Toxicology Program, the International Agency for Research on Cancer, or 
OSHA that a chemical is a carcinogen or potential carcinogen will be 
considered conclusive evidence for purposes of this section. In 
addition, however, all available scientific data on carcinogenicity must 
be evaluated in accordance with the provisions of this Appendix and the 
requirements of the rule.
    2. Human data: Where available, epidemiological studies and case 
reports of adverse health effects shall be considered in the evaluation.
    3. Animal data: Human evidence of health effects in exposed 
populations is generally not available for the majority of chemicals 
produced or used in the workplace. Therefore, the available results of 
toxicological testing in animal populations shall be used to predict the 
health effects that may be experienced by exposed workers. In 
particular, the definitions of certain acute hazards refer to specific 
animal testing results (see appendix A).
    4. Adequacy and reporting of data. The results of any studies which 
are designed and conducted according to established scientific 
principles, and which report statistically significant conclusions 
regarding the health effects of a chemical, shall be a sufficient basis 
for a hazard determination and reported on any material safety data 
sheet. In vitro studies alone generally do not form the basis for a 
definitive finding of hazard under the HCS since they have a positive or 
negative result rather than a statistically significant finding.
    The chemical manufacturer, importer, or employer may also report the 
results of other scientifically valid studies which tend to refute the 
findings of hazard.

       Appendix C to Sec. 1918.90--Information Sources (Advisory)

    The following is a list of available data sources which the chemical 
manufacturer, importer, distributor, or employer may wish to consult to 
evaluate the hazards of chemicals they produce or import:

--Any information in their own company files, such as toxicity testing 
results or illness experience of company employees.
--Any information obtained from the supplier of the chemical, such as 
material safety data sheets or product safety bulletins.
--Any pertinent information obtained from the following source list 
(latest editions should be used):

                      Condensed Chemical Dictionary

    Van Nostrand Reinhold Co., 135 West 50th Street, New York, NY 10020.

         The Merck Index: An Encyclopedia of Chemicals and Drugs

    Merck and Company, Inc., 126 E. Lincoln Ave., Rahway, NJ 07065.

IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals 
                                 to Man

    Geneva: World Health Organization, International Agency for Research 
on Cancer,

[[Page 304]]

1972-Present. (Multivolume work). Summaries are available in supplement 
volumes. 49 Sheridan Street, Albany, NY 12210.

            Industrial Hygiene and Toxicology, by F.A. Patty

    John Wiley & Sons, Inc., New York, NY (Multivolume work).

               Clinical Toxicology of Commercial Products

    Gleason, Gosselin, and Hodge.

      Casarett and Doull's Toxicology; The Basic Science of Poisons

    Doull, Klaassen, and Amdur, Macmillan Publishing Co., Inc., New 
York, NY.

      Industrial Toxicology, by Alice Hamilton and Harriet L. Hardy

    Publishing Sciences Group, Inc., Acton, MA.

                Toxicology of the Eye, by W. Morton Grant

    Charles C. Thomas, 301-327 East Lawrence Avenue, Springfield, IL.

                Recognition of Health Hazards in Industry

    William A. Burgess, John Wiley and Sons, 605 Third Avenue, New York, 
NY 10158.

                    Chemical Hazards of the Workplace

    Nick H. Proctor and James P. Hughes, J.P. Lipincott Company, 6 
Winchester Terrace, New York, NY 10022.

                    Handbook of Chemistry and Physics

    Chemical Rubber Company, 18901 Cranwood Parkway, Cleveland, OH 
44128.

 Threshold Limit Values for Chemical Substances and Physical Agents in 
   the Work Environment and Biological Exposure Indices with Intended 
                                 Changes

    American Conference of Governmental Industrial Hygienists (ACGIH), 
6500 Glenway Avenue, Bldg. D-5, Cincinnati, OH 45211.

    Information on the physical hazards of chemicals may be found in 
publications of the National Fire Protection Association, Boston, MA.

    Note: The following documents may be purchased from the 
Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402.

                     Occupational Health Guidelines

    NIOSH/OSHA (NIOSH Pub. No. 81-123).

                 NIOSH Pocket Guide to Chemical Hazards

    NIOSH Pub. No. 90-117.

            Registry of Toxic Effects of Chemical Substances

    (Latest edition)

Miscellaneous Documents published by the National Institute for 
Occupational Safety and Health:
    Criteria documents.
    Special Hazard Reviews.
    Occupational Hazard Assessments.
    Current Intelligence Bulletins.

          OSHA's General Industry Standards (29 CFR Part 1910)

  NTP Annual Report on Carcinogens and Summary of the Annual Report on 
                              Carcinogens.

    National Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161; (703) 487-4650.

------------------------------------------------------------------------
    Bibliographic data bases service                                    
                provider                            File name           
------------------------------------------------------------------------
Bibliographic Retrieval Services (BRS),  Biosis Previews                
 1200 Route 7, Latham, NY 12110.                                        
                                         CA Search                      
                                         Medlars                        
                                         NTIS                           
                                         Hazardline                     
                                         American Chemical Society      
                                         Journal                        
                                         Excerpta Medica                
                                         IRCS Medical Science Journal   
                                         Pre-Med                        
                                         Intl Pharmaceutical Abstracts  
                                         Paper Chem                     
Lockheed-DIALOG Information Service,     Biosis Prev. Files             
 Inc., 3460 Hillview Avenue, Palo Alto,                                 
 CA 94304.                                                              
                                         CA Search Files                
                                         CAB Abstracts                  
                                         Chemical Exposure              
                                         Chemname                       
                                         Chemsis Files                  
                                         Chemzero                       
                                         Embase Files                   
                                         Environmental Bibliographies   
                                         Enviroline                     

[[Page 305]]

                                                                        
                                         Federal Research in Progress   
                                         IRL Life Science Collection    
                                         NTIS                           
                                         Occupational Safety and Health 
                                          (NIOSH)                       
                                         Paper Chem                     
SDC-ORBIT, SDC Information Service,      CAS Files                      
 2500 Colorado Avenue, Santa Monica, CA                                 
 90406.                                                                 
                                         Chemdex, 2, 3                  
                                         NTIS                           
National Library of Medicine...........  Hazardous Substances Data Bank 
                                          (NSDB)                        
Department of Health and Human           Medline Files                  
 Services, Public Health Service,                                       
 National Institutes of Health,                                         
 Bethesda, MD 20209.                                                    
                                         Toxline Files                  
                                         Cancerlit                      
                                         RTECS                          
                                         Chemline                       
Pergamon International Information       Laboratory Hazard Bulletin     
 Corp., 1340 Old Chain Bridge Rd.,                                      
 McLean, VA 22101.                                                      
Questel, Inc., 1625 Eye Street, NW,      CIS/ILO                        
 Suite 818, Washington, DC 20006.                                       
                                         Cancernet                      
Chemical Information System ICI (ICIS),  Structure and Nomenclature     
 Bureau of National Affairs, 1133 15th    Search System (SANSS)         
 Street, NW, Suite 300, Washington, DC                                  
 20005.                                                                 
                                         Acute Toxicity (RTECS)         
                                         Clinical Toxicology of         
                                          Commercial Products           
                                         Oil and Hazardous Materials    
                                          Technical Assistance Data     
                                          System                        
                                         CCRIS                          
                                         CESARS                         
Occupational Health Services, 400 Plaza  MSDS                           
 Drive, Secaucus, NJ 07094.                                             
                                         Hazardline                     
------------------------------------------------------------------------

 Appendix D to Sec. 1918.90--Definition of ``Trade Secret'' (Mandatory)

    The following is a reprint of the Restatement of Torts section 757, 
comment b (1939):
    b. Definition of trade secret. A trade secret may consist of any 
formula, pattern, device or compilation of information which is used in 
one's business, and which gives him an opportunity to obtain an 
advantage over competitors who do not know or use it. It may be a 
formula for a chemical compound, a process of manufacturing, treating or 
preserving materials, a pattern for a machine or other device, or a list 
of customers. It differs from other secret information in a business 
(see s759 of the Restatement of Torts which is not included in this 
Appendix) in that it is not simply information as to single or ephemeral 
events in the conduct of the business, as, for example, the amount or 
other terms of a secret bid for a contract or the salary of certain 
employees, or the security investments made or contemplated, or the date 
fixed for the announcement of a new policy or for bringing out a new 
model or the like. A trade secret is a process or device for continuous 
use in the operations of the business. Generally it relates to the 
production of goods, as, for example, a machine or formula for the 
production of an article. It may, however, relate to the sale of goods 
or to other operations in the business, such as a code for determining 
discounts, rebates or other concessions in a price list or catalogue, or 
a list of specialized customers, or a method of bookkeeping or other 
office management.
    Secrecy. The subject matter of a trade secret must be secret. 
Matters of public knowledge or of general knowledge in an industry 
cannot be appropriated by one as his secret. Matters which are 
completely disclosed by the goods which one markets cannot be his 
secret. Substantially, a trade secret is known only in the particular 
business in which it is used. It is not requisite that only the 
proprietor of the business know it. He may, without losing his 
protection, communicate it to employees involved in its use. He may 
likewise communicate it to others pledged to secrecy. Others may also 
know of it independently, as, for example, when they have discovered the 
process or formula by independent invention and are keeping it secret. 
Nevertheless, a substantial element of secrecy must exist, so that, 
except by the use of improper means, there would be difficulty in 
acquiring the information. An exact definition of a trade secret is not 
possible. Some factors to be considered in determining whether given 
information is one's trade secret are: (1) The extent to which the 
information is known outside of his business; (2) the extent to which it 
is known by employees and others involved in his business; (3) the 
extent of measures taken by him to

[[Page 306]]

guard the secrecy of the information; (4) the value of the information 
to him and his competitors; (5) the amount of effort or money expended 
by him in developing the information; (6) the ease or difficulty with 
which the information could be properly acquired or duplicated by 
others.
    Novelty and prior art. A trade secret may be a device or process 
which is patentable; but it need not be that. It may be a device or 
process which is clearly anticipated in the prior art or one which is 
merely a mechanical improvement that a good mechanic can make. Novelty 
and invention are not requisite for a trade secret as they are for 
patentability. These requirements are essential to patentability because 
a patent protects against unlicensed use of the patented device or 
process even by one who discovers it properly through independent 
research. The patent monopoly is a reward to the inventor. But such is 
not the case with a trade secret. Its protection is not based on a 
policy of rewarding or otherwise encouraging the development of secret 
processes or devices. The protection is merely against breach of faith 
and reprehensible means of learning another's secret. For this limited 
protection it is not appropriate to require also the kind of novelty and 
invention which is a requisite of patentability. The nature of the 
secret is, however, an important factor in determining the kind of 
relief that is appropriate against one who is subject to liability under 
the rule stated in this Section. Thus, if the secret consists of a 
device or process which is a novel invention, one who acquires the 
secret wrongfully is ordinarily enjoined from further use of it and is 
required to account for the profits derived from his past use. If, on 
the other hand, the secret consists of mechanical improvements that a 
good mechanic can make without resort to the secret, the wrongdoer's 
liability may be limited to damages, and an injunction against future 
use of the improvements made with the aid of the secret may be 
inappropriate.

     Appendix E to Sec. 1918.90-(Advisory)--Guidelines for Employer 
                               Compliance

    The Hazard Communication Standard (HCS) is based on a simple 
concept--that employees have both a need and a right to know the hazards 
and identities of the chemicals they are exposed to when working. They 
also need to know what protective measures are available to prevent 
adverse effects from occurring. The HCS is designed to provide employees 
with the information they need.
    Knowledge acquired under the HCS will help employers provide safer 
workplaces for their employees. When employers have information about 
the chemicals being used, they can take steps to reduce exposures, 
substitute less hazardous materials, and establish proper work 
practices. These efforts will help prevent the occurrence of work-
related illnesses and injuries caused by chemicals.
    The HCS addresses the issues of evaluating and communicating hazards 
to workers. Evaluation of chemical hazards involves a number of 
technical concepts, and is a process that requires the professional 
judgment of experienced experts. That's why the HCS is designed so that 
employers who simply use chemicals, rather than produce or import them, 
are not required to evaluate the hazards of those chemicals. Hazard 
determination is the responsibility of the producers and importers of 
the materials. Producers and importers of chemicals are then required to 
provide the hazard information to employers that purchase their 
products.
    Employers that don't produce or import chemicals need only focus on 
those parts of the rule that deal with establishing a workplace program 
and communicating information to their workers. This appendix is a 
general guide for such employers to help them determine what's required 
under the rule. It does not supplant or substitute for the regulatory 
provisions, but rather provides a simplified outline of the steps an 
average employer would follow to meet those requirements.

                   1. Becoming Familiar With The Rule.

    OSHA has provided a simple summary of the HCS in a pamphlet entitled 
``Chemical Hazard Communication,'' OSHA Publication Number 3084. Some 
employers prefer to begin to become familiar with the rule's 
requirements by reading this pamphlet. A copy may be obtained from your 
local OSHA Area Office, or by contacting the OSHA Publications Office at 
(202) 523-9667.
    The standard is long, and some parts of it are technical, but the 
basic concepts are simple. In fact, the requirements reflect what many 
employers have been doing for years. You may find that you are already 
largely in compliance with many of the provisions, and will simply have 
to modify your existing programs somewhat. If you are operating in an 
OSHA-approved State Plan State, you must comply with the State's 
requirements, which may be different than those of the Federal rule. 
Many of the State Plan States had hazard communication or ``right-to-
know'' laws prior to promulgation of the Federal rule. Employers in 
State Plan States should contact their State OSHA offices for more 
information regarding applicable requirements.
    The HCS requires information to be prepared and transmitted 
regarding all hazardous chemicals. The HCS covers both physical hazards 
(such as flammability), and health hazards (such as irritation, lung 
damage, and cancer). Most chemicals used in the workplace have some 
hazard potential, and thus will be covered by the rule.

[[Page 307]]

    One difference between this rule and many others adopted by OSHA is 
that this one is performance-oriented. That means that you have the 
flexibility to adapt the rule to the needs of your workplace, rather 
than having to follow specific, rigid requirements. It also means that 
you have to exercise more judgment to implement an appropriate and 
effective program.
    The standard's design is simple. Chemical manufacturers and 
importers must evaluate the hazards of the chemicals they produce or 
import. Using that information, they must then prepare labels for 
containers, and more detailed technical bulletins called material safety 
data sheets (MSDS).
    Chemical manufacturers, importers, and distributors of hazardous 
chemicals are all required to provide the appropriate labels and 
material safety data sheets to the employers to which they ship the 
chemicals. The information is to be provided automatically. Every 
container of hazardous chemicals you receive must be labeled, tagged, or 
marked with the required information. Your suppliers must also send you 
a properly completed material safety data sheet (MSDS) at the time of 
the first shipment of the chemical, and with the next shipment after the 
MSDS is updated with new and significant information about the hazards.
    You can rely on the information received from your suppliers. You 
have no independent duty to analyze the chemical or evaluate the hazards 
of it.
    Employers that ``use'' hazardous chemicals must have a program to 
ensure the information is provided to exposed employees. ``Use'' means 
to package, handle, react, or transfer. This is an intentionally broad 
scope, and includes any situation where a chemical is present in such a 
way that employees may be exposed under normal conditions of use or in a 
foreseeable emergency.
    The requirements of the rule that deal specifically with the hazard 
communication program are found in this section in paragraphs (e), 
written hazard communication program; (f), labels and other forms of 
warning; (g), material safety data sheets; and (h), employee information 
and training. The requirements of these paragraphs should be the focus 
of your attention. Concentrate on becoming familiar with them, using 
paragraphs (b), scope and application, and (c), definitions, as 
references when needed to help explain the provisions.
    There are two types of work operations where the coverage of the 
rule is limited. These are laboratories and operations where chemicals 
are only handled in sealed containers (e.g., a warehouse). The limited 
provisions for these workplaces can be found in paragraph (b) of this 
section, scope and application. Basically, employers having these types 
of work operations need only keep labels on containers as they are 
received; maintain material safety data sheets that are received, and 
give employees access to them; and provide information and training for 
employees. Employers do not have to have written hazard communication 
programs and lists of chemicals for these types of operations.
    The limited coverage of laboratories and sealed container operations 
addresses the obligation of an employer to the workers in the operations 
involved, and does not affect the employer's duties as a distributor of 
chemicals. For example, a distributor may have warehouse operations 
where employees would be protected under the limited sealed container 
provisions. In this situation, requirements for obtaining and 
maintaining MSDSs are limited to providing access to those received with 
containers while the substance is in the workplace, and requesting MSDSs 
when employees request access for those not received with the 
containers. However, as a distributor of hazardous chemicals, that 
employer will still have responsibilities for providing MSDSs to 
downstream customers at the time of the first shipment and when the MSDS 
is updated. Therefore, although they may not be required for the 
employees in the work operation, the distributor may, nevertheless, have 
to have MSDSs to satisfy other requirements of the rule.

                      2. Identify Responsible Staff

    Hazard communication is going to be a continuing program in your 
facility. Compliance with the HCS is not a ``one shot deal.'' In order 
to have a successful program, it will be necessary to assign 
responsibility for both the initial and ongoing activities that have to 
be undertaken to comply with the rule. In some cases, these activities 
may already be part of current job assignments. For example, site 
supervisors are frequently responsible for on-the-job training sessions. 
Early identification of the responsible employees, and involvement of 
them in the development of your plan of action, will result in a more 
effective program design. Evaluation of the effectiveness of your 
program will also be enhanced by involvement of affected employees.
    For any safety and health program, success depends on commitment at 
every level of the organization. This is particularly true for hazard 
communication, where success requires a change in behavior. This will 
only occur if employers understand the program, and are committed to its 
success, and if employees are motivated by the people presenting the 
information to them.

            3. Identify Hazardous Chemicals in the Workplace.

    The standard requires a list of hazardous chemicals in the workplace 
as part of the written hazard communication program. The

[[Page 308]]

list will eventually serve as an inventory of everything for which an 
MSDS must be maintained. At this point, however, preparing the list will 
help you complete the rest of the program since it will give you some 
idea of the scope of the program required for compliance in your 
facility.
    The best way to prepare a comprehensive list is to survey the 
workplace. Purchasing records may also help, and certainly employers 
should establish procedures to ensure that in the future purchasing 
procedures result in MSDSs being received before a material is used in 
the workplace.
    The broadest possible perspective should be taken when doing the 
survey. Sometimes people think of ``chemicals'' as being only liquids in 
containers. The HCS covers chemicals in all physical forms--liquids, 
solids, gases, vapors, fumes, and mists--whether they are ``contained'' 
or not. The hazardous nature of the chemical and the potential for 
exposure are the factors which determine whether a chemical is covered. 
If it's not hazardous, it's not covered. If there is no potential for 
exposure (e.g., the chemical is inextricably bound and cannot be 
released), the rule does not cover the chemical.
    Look around. Identify chemicals in containers, including pipes, but 
also think about chemicals generated in the work operations. For 
example, welding fumes, dusts, and exhaust fumes are all sources of 
chemical exposures. Read labels provided by suppliers for hazard 
information. Make a list of all chemicals in the workplace that are 
potentially hazardous. For your own information and planning, you may 
also want to note on the list the location(s) of the products within the 
workplace, and an indication of the hazards as found on the label. This 
will help you as you prepare the rest of your program.
    Paragraph (b) of this section, scope and application, includes 
exemptions for various chemicals or workplace situations. After 
compiling the complete list of chemicals, you should review paragraph 
(b) of this section to determine if any of the items can be eliminated 
from the list because they are exempted materials. For example, food, 
drugs, and cosmetics brought into the workplace for employee consumption 
are exempt. So rubbing alcohol in the first aid kit would not be 
covered.
    Once you have compiled as complete a list as possible of the 
potentially hazardous chemicals in the workplace, the next step is to 
determine if you have received material safety data sheets for all of 
them. Check your files against the inventory you have just compiled. If 
any are missing, contact your supplier and request one. It is a good 
idea to document these requests, either by copy of a letter or a note 
regarding telephone conversations. If you have MSDSs for chemicals that 
are not on your list, figure out why. Maybe you don't use the chemical 
anymore. Or maybe you missed it in your survey. Some suppliers do 
provide MSDSs for products that are not hazardous. These do not have to 
be maintained by you.
    You should not allow employees to use any chemicals for which you 
have not received an MSDS. The MSDS provides information you need to 
ensure proper protective measures are implemented prior to exposure.

      4. Preparing and Implementing a Hazard Communication Program

    All workplaces where employees are exposed to hazardous chemicals 
must have a written plan which describes how the standard will be 
implemented in that facility. Preparation of a plan is not just a paper 
exercise--all of the elements must be implemented in the workplace in 
order to be in compliance with the rule. See paragraph (e) of this 
section for the specific requirements regarding written hazard 
communication programs. The only work operations which do not have to 
comply with the written plan requirements are laboratories and work 
operations where employees only handle chemicals in sealed containers. 
See paragraph (b) of this section, scope and application, for the 
specific requirements for these two types of workplaces.
    The plan does not have to be lengthy or complicated. It is intended 
to be a blueprint for implementation of your program--an assurance that 
all aspects of the requirements have been addressed.
    Many trade associations and other professional groups have provided 
sample programs and other assistance materials to affected employers. 
These have been very helpful to many employers since they tend to be 
tailored to the particular industry involved. You may wish to 
investigate whether your industry trade groups have developed such 
materials.
    Although such general guidance may be helpful, you must remember 
that the written program has to reflect what you are doing in your 
workplace. Therefore, if you use a generic program it must be adapted to 
address the facility it covers. For example, the written plan must list 
the chemicals present at the site, indicate who is to be responsible for 
the various aspects of the program in your facility, and indicate where 
written materials will be made available to employees.
    If OSHA inspects your workplace for compliance with the HCS, the 
OSHA compliance officer will ask to see your written plan at the outset 
of the inspection. In general, the following items will be considered in 
evaluating your program.
    The written program must describe how the requirements for labels 
and other forms of warning, material safety data sheets, and employee 
information and training, are

[[Page 309]]

going to be met in your facility. The following discussion provides the 
type of information compliance officers will be looking for to decide 
whether these elements of the hazard communication program have been 
properly addressed:

                  A. Labels and Other Forms of Warning

    In-plant containers of hazardous chemicals must be labeled, tagged, 
or marked with the identity of the material and appropriate hazard 
warnings. Chemical manufacturers, importers, and distributors are 
required to ensure that every container of hazardous chemicals they ship 
is appropriately labeled with such information and with the name and 
address of the producer or other responsible party. Employers purchasing 
chemicals can rely on the labels provided by their suppliers. If the 
material is subsequently transferred by the employer from a labeled 
container to another container, the employer will have to label that 
container unless it is subject to the portable container exemption. See 
paragraph (f) of this section for specific labeling requirements.
    The primary information to be obtained from an OSHA-required label 
is an identity for the material, and appropriate hazard warnings. The 
identity is any term which appears on the label, the MSDS, and the list 
of chemicals, and thus links these three sources of information. The 
identity used by the supplier may be a common or trade name (``Black 
Magic Formula''), or a chemical name (1,1,1,-trichloroethane). The 
hazard warning is a brief statement of the hazardous effects of the 
chemical (``flammable,'' ``causes lung damage''). Labels frequently 
contain other information, such as precautionary measures (``do not use 
near open flame''), but this information is provided voluntarily and is 
not required by the rule. Labels must be legible, and prominently 
displayed. There are no specific requirements for size or color, or any 
specified text.
    With these requirements in mind, the compliance officer will be 
looking for the following types of information to ensure that labeling 
will be properly implemented in your facility:
    1. Designation of person(s) responsible for ensuring labeling of in-
plant containers;
    2. Designation of person(s) responsible for ensuring labeling of any 
shipped containers;
    3. Description of labeling system(s) used;
    4. Description of written alternatives to labeling of in-plant 
containers (if used); and,
    5. Procedures to review and update label information when necessary.
    Employers that are purchasing and using hazardous chemicals--rather 
than producing or distributing them--will primarily be concerned with 
ensuring that every purchased container is labeled. If materials are 
transferred into other containers, the employer must ensure that these 
are labeled as well, unless they fall under the portable container 
exemption (paragraph (f)(7) of this section). In terms of labeling 
systems, you can simply choose to use the labels provided by your 
suppliers on the containers. These will generally be verbal text labels, 
and do not usually include numerical rating systems or symbols that 
require special training. The most important thing to remember is that 
this is a continuing duty--all in-plant containers of hazardous 
chemicals must always be labeled. Therefore, it is important to 
designate someone to be responsible for ensuring that the labels are 
maintained as required on the containers in your facility, and that 
newly purchased materials are checked for labels prior to use.

                     B. Material Safety Data Sheets

    Chemical manufacturers and importers are required to obtain or 
develop a material safety data sheet for each hazardous chemical they 
produce or import. Distributors are responsible for ensuring that their 
customers are provided a copy of these MSDSs. Employers must have an 
MSDS for each hazardous chemical which they use. Employers may rely on 
the information received from their suppliers. The specific requirements 
for material safety data sheets are in paragraph (g) of this section.
    There is no specified format for the MSDS under the rule, although 
there are specific information requirements. OSHA has developed a non-
mandatory format, OSHA Form 174, which may be used by chemical 
manufacturers and importers to comply with the rule. The MSDS must be in 
English. You are entitled to receive from your supplier a data sheet 
which includes all of the information required under the rule. If you do 
not receive one automatically, you should request one. If you receive 
one that is obviously inadequate, with, for example, blank spaces that 
are not completed, you should request an appropriately completed one. If 
your request for a data sheet or for a corrected data sheet does not 
produce the information needed, you should contact your local OSHA Area 
Office for assistance in obtaining the MSDS.
    The role of MSDSs under the rule is to provide detailed information 
on each hazardous chemical, including its potential hazardous effects, 
its physical and chemical characteristics, and recommendations for 
appropriate protective measures. This information should be useful to 
you as the employer responsible for designing protective programs, as 
well as to the workers. If you are not familiar with material safety 
data sheets and with chemical terminology, you may need to learn to use 
them yourself. A glossary of MSDS terms may be helpful in this regard. 
Generally speaking, most employers using hazardous chemicals will 
primarily be concerned with MSDS information regarding

[[Page 310]]

hazardous effects and recommended protective measures. Focus on the 
sections of the MSDS that are applicable to your situation.
    MSDSs must be readily accessible to employees when they are in their 
work areas during their workshifts. This may be accomplished in many 
different ways. You must decide what is appropriate for your particular 
workplace. Some employers keep the MSDSs in a binder in a central 
location (e.g., in the pick-up truck on a construction site). Others, 
particularly in workplaces with large numbers of chemicals, computerize 
the information and provide access through terminals. As long as 
employees can get the information when they need it, any approach may be 
used. The employees must have access to the MSDSs themselves--simply 
having a system where the information can be read to them over the phone 
is only permitted under the mobile worksite provision, paragraph (g)(9) 
of this section, when employees must travel between workplaces during 
the shift. In this situation, they have access to the MSDSs prior to 
leaving the primary worksite, and when they return, so the telephone 
system is simply an emergency arrangement.
    In order to ensure that you have a current MSDS for each chemical in 
the plant as required, and that employee access is provided, the 
compliance officers will be looking for the following types of 
information in your written program:
    1. Designation of person(s) responsible for obtaining and 
maintaining the MSDSs;
    2. How such sheets are to be maintained in the workplace (e.g., in 
notebooks in the work area(s) or in a computer with terminal access), 
and how employees can obtain access to them when they are in their work 
area during the work shift;
    3. Procedures to follow when the MSDS is not received at the time of 
the first shipment;
    4. For producers, procedures to update the MSDS when new and 
significant health information is found; and,
    5. Description of alternatives to actual data sheets in the 
workplace, if used.
    For employers using hazardous chemicals, the most important aspect 
of the written program in terms of MSDSs is to ensure that someone is 
responsible for obtaining and maintaining the MSDSs for every hazardous 
chemical in the workplace. The list of hazardous chemicals required to 
be maintained as part of the written program will serve as an inventory. 
As new chemicals are purchased, the list should be updated. Many 
companies have found it convenient to include on their purchase orders 
the name and address of the person designated in their company to 
receive MSDSs.

                  C. Employee Information and Training

    Each employee who may be ``exposed'' to hazardous chemicals when 
working must be provided information and trained prior to initial 
assignment to work with a hazardous chemical, and whenever the hazard 
changes. ``Exposure'' or ``exposed'' under the rule means that ``an 
employee is subjected to a hazardous chemical in the course of 
employment through any route of entry (inhalation, ingestion, skin 
contact or absorption, etc.) and includes potential (e.g., accidental or 
possible) exposure.'' See paragraph (h) of this section for specific 
requirements. Information and training may be done either by individual 
chemical, or by categories of hazards (such as flammability or 
carcinogenicity). If there are only a few chemicals in the workplace, 
then you may want to discuss each one individually. Where there are 
large numbers of chemicals, or the chemicals change frequently, you will 
probably want to train generally based on the hazard categories (e.g., 
flammable liquids, corrosive materials, carcinogens). Employees will 
have access to the substance-specific information on the labels and 
MSDSs.
    Information and training is a critical part of the hazard 
communication program. Information regarding hazards and protective 
measures are provided to workers through written labels and material 
safety data sheets. However, through effective information and training, 
workers will learn to read and understand such information, determine 
how it can be obtained and used in their own workplaces, and understand 
the risks of exposure to the chemicals in their workplaces as well as 
the ways to protect themselves. A properly conducted training program 
will ensure comprehension and understanding. It is not sufficient to 
either just read material to the workers, or simply hand them material 
to read. You want to create a climate where workers feel free to ask 
questions. This will help you to ensure that the information is 
understood. You must always remember that the underlying purpose of the 
HCS is to reduce the incidence of chemical source illnesses and 
injuries. This will be accomplished by modifying behavior through the 
provision of hazard information and information about protective 
measures. If your program works, you and your workers will better 
understand the chemical hazards within the workplace. The procedures you 
establish regarding, for example, purchasing, storage, and handling of 
these chemicals will improve, and thereby reduce the risks posed to 
employees exposed to the chemical hazards involved. Furthermore, your 
workers' comprehension will also be increased, and proper work practices 
will be followed in your workplace.
    If you are going to do the training yourself, you will have to 
understand the material and be prepared to motivate the workers to 
learn. This is not always an easy task, but the benefits are worth the 
effort. More information regarding appropriate training can

[[Page 311]]

be found in OSHA Publication No. 2254 which contains voluntary training 
guidelines prepared by OSHA's Training Institute. A copy of this 
document is available from OSHA's Publications Office at (202) 219-4667.
    In reviewing your written program with regard to information and 
training, the following items need to be considered:
    1. Designation of person(s) responsible for conducting training;
    2. Format of the program to be used (audiovisuals, classroom 
instruction, etc.);
    3. Elements of the training program (should be consistent with the 
elements in paragraph (h) of this section); and,
    4. Procedure to train new employees at the time of their initial 
assignment to work with a hazardous chemical, and to train employees 
when a new hazard is introduced into the workplace.
    The written program should provide enough details about the 
employer's plans in this area to assess whether or not a good faith 
effort is being made to train employees. OSHA does not expect that every 
worker will be able to recite all of the information about each chemical 
in the workplace. In general, the most important aspects of training 
under the HCS are to ensure that employees are aware that they are 
exposed to hazardous chemicals, that they know how to read and use 
labels and material safety data sheets, and that, as a consequence of 
learning this information, they are following the appropriate protective 
measures established by the employer. OSHA compliance officers will be 
talking to employees to determine if they have received training, if 
they know they are exposed to hazardous chemicals, and if they know 
where to obtain substance-specific information on labels and MSDSs.
    The rule does not require employers to maintain records of employee 
training, but many employers choose to do so. This may help you monitor 
your own program to ensure that all employees are appropriately trained. 
If you already have a training program, you may simply have to 
supplement it with whatever additional information is required under the 
HCS. For example, construction employers that are already in compliance 
with the construction training standard (29 CFR 1926.21) will have 
little extra training to do.
    An employer can provide employees information and training through 
whatever means are found appropriate and protective. Although there 
would always have to be some training on-site (such as informing 
employees of the location and availability of the written program and 
MSDSs), employee training may be satisfied in part by general training 
about the requirements of the HCS and about chemical hazards on the job 
which is provided by, for example, trade associations, unions, colleges, 
and professional schools. In addition, previous training, education and 
experience of a worker may relieve the employer of some of the burdens 
of informing and training that worker. Regardless of the method relied 
upon, however, the employer is always ultimately responsible for 
ensuring that employees are adequately trained. If the compliance 
officer finds that the training is deficient, the employer will be cited 
for the deficiency regardless of who actually provided the training on 
behalf of the employer.

                          D. Other Requirements

    In addition to these specific items, compliance officers will also 
be asking the following questions in assessing the adequacy of the 
program:
    Does a list of the hazardous chemicals exist in each work area or at 
a central location?
    Are methods the employer will use to inform employees of the hazards 
of non-routine tasks outlined?
    Are employees informed of the hazards associated with chemicals 
contained in unlabeled pipes in their work areas?
    On multi-employer worksites, has the employer provided other 
employers with information about labeling systems and precautionary 
measures where the other employers have employees exposed to the initial 
employer's chemicals?
    Is the written program made available to employees and their 
designated representatives?
    If your program adequately addresses the means of communicating 
information to employees in your workplace, and provides answers to the 
basic questions outlined above, it will be found to be in compliance 
with the rule.

                       5. Checklist for Compliance

    The following checklist will help to ensure you are in compliance 
with the rule:
Obtained a copy of the rule. ________
Read and understood the requirements. ________
Assigned responsibility for tasks. ________
Prepared an inventory of chemicals. ________
Ensured containers are labeled. ________
Obtained MSDS for each chemical. ________
Prepared written program. ________
Made MSDSs available to workers. ________
Conducted training of workers. ________
Established procedures to maintain current program. ________
Established procedures to evaluate effectiveness. ________

                          6. Further Assistance

    If you have a question regarding compliance with the HCS, you should 
contact your

[[Page 312]]

local OSHA Area Office for assistance. In addition, each OSHA Regional 
Office has a Hazard Communication Coordinator who can answer your 
questions. Free consultation services are also available to assist 
employers, and information regarding these services can be obtained 
through the Area and Regional offices as well.
    The telephone number for the OSHA office closest to you should be 
listed in your local telephone directory. If you are not able to obtain 
this information, you may contact OSHA's Office of Information and 
Consumer Affairs at (202) 219-8151 for further assistance in identifying 
the appropriate contacts.

(Section 1918.90 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0072)

[59 FR 6170, Feb. 9, 1994, as amended at 59 FR 17478, Apr. 13, 1994; 59 
FR 65948, Dec. 22, 1994; 61 FR 5509, Feb. 13, 1996]



Sec. 1918.91   Housekeeping.

    (a) Weather deck walking and working areas shall be kept reasonably 
clear of lines, bridles, dunnage and all other loose tripping or 
stumbling hazards.
    (b) Gear or equipment, when not in use, shall be removed from the 
immediate work areas, or shall be so placed as not to present a hazard.
    (c) Slippery conditions shall be eliminated as they occur.
    (d) Loose paper, dunnage and debris shall be collected as the work 
progresses and be kept clear of the immediate work area.
    (e) Dunnage shall not be placed on deck where it interferes with the 
free movement of the drafts.
    (f) Dunnage racked against sweat battens shall not be used when the 
levels of such racks are above the safe reach of employees.
    (g) Dunnage, hatch beams, tarpaulins or gear not in use shall be 
stowed no closer than 3 feet to the port and starboard sides of the 
weather deck hatch coaming, except that a reasonable tolerance shall be 
permitted where strict adherence is rendered impracticable due to the 
circumstances.
    (h) Nails. (1) Nails which are protruding from shoring or fencing in 
the immediate work areas shall be bent over or otherwise rendered 
harmless.
    (2) Dunnage, lumber, or shoring material in which there are visibly 
protruding nails shall be removed from the immediate work area, or, if 
left in that area, the nails shall be bent over or otherwise rendered 
harmless.
    (i) Employees shall not be exposed to ice which may fall from aloft 
under conditions where the accumulation of such ice and the 
circumstances at the time are such as to constitute a hazard.



Sec. 1918.92   Illumination.

    (a) All walking and working areas shall be adequately illuminated.
    (b) Portable lights shall meet the following requirements:
    (1) Portable lights shall be equipped with substantial reflectors 
and guards to prevent flammable and other material from coming in 
contact with the bulb, except that guards are not required where the 
construction of the reflector is such that the bulb is deeply recessed.
    (2) Portable lights shall be equipped with heavy duty electric cords 
and may be suspended by such cords only when the means of attachment of 
the cord to the light is such as to prevent the light from being 
suspended by the electrical connections. All connections and insulation 
shall be maintained in safe condition.
    (3) Lighting wires and fixtures for portable lights shall be so 
arranged as to be free from contact with drafts, running gear, or other 
moving equipment.
    (4) Portable lights shall be so arranged that they do not shine in 
the eyes of winchdrivers or hatchtenders.
    (5) Portable cargo lights furnished by the employer for use aboard 
vessels and purchased after September 1, 1966, shall be listed as 
approved by the U.S. Coast Guard or shall bear the Underwriters 
Laboratories, Inc., Marine Label.
    (c) Employees shall not be permitted to enter dark holds, 
compartments, decks or other places without a flash light or other 
suitable portable light. The use of matches or open flame lights is 
prohibited.



Sec. 1918.93   Ventilation and atmospheric conditions.

    (a) Ventilation requirements with respect to carbon monoxide:

[[Page 313]]

    (1)(i) When internal combustion engines exhaust into a hold, an 
intermediate deck, or any other compartment, the employer shall see that 
tests of the carbon monoxide content of the atmosphere are made with 
such frequency as is found by test to be necessary in the type and 
location of the operation, and under the conditions existing, to insure 
that dangerous concentrations do not develop. Such tests shall be made 
in the area in which employees are working, by persons competent in the 
use of the test equipment and a procedure. Where operations are located 
in a deep tank or refrigerated compartment, the first test shall be made 
within one half hour of the time the machine(s) start.
    (ii) The carbon monoxide content of the atmosphere shall be 
maintained at not more than 50 parts per million (0.005%) as a time 
weighted average, and employees shall be removed from the compartment if 
the carbon monoxide concentration exceeds 100 parts per million (0.01%). 
The term ``time weighted average'' means that for any period of time in 
which the concentration exceeds 50 parts per million, it shall be 
maintained at a corresponding amount below 50 parts per million for an 
equal period of time.
    (iii) When neither natural ventilation nor the vessel's ventilating 
system, where fitted, is adequate to keep the carbon monoxide 
concentration within the allowable limits set forth in this paragraph, 
the employer shall use supplementary means of portable ventilation in 
such size and number and so arranged as to bring such concentration 
within such limits before work is resumed.
    (2) A record of the date, time, location, and results of the tests 
required by paragraph (a)(1) of this section shall be maintained for at 
least 30 days after the work is completed. The record shall be available 
for examination by representatives of the Occupational Safety and Health 
Administration.
    (3) The intakes of portable blowers and any exposed belt drives 
shall be guarded adequately by screens.
    (4) The frames of portable blowers shall be grounded at the source 
of the current either through a third wire in the cable containing the 
circuit conductors or through a separate wire. When the vessel is the 
source of the current the ground shall be made to the structure of the 
vessel. Electric cords used shall be free of visible defects.
    (5) The employer shall not permit the use of shore electrical 
circuits unless they have been checked to ensure that the circuit 
between the ground and the grounded power conductor has resistance low 
enough to permit sufficient current to flow to cause the fuse or circuit 
breaker to interrupt the current. When the vessel is the source of the 
current, it is required only that a check be made to ensure good 
electrical contact between the ground wire and the vessel's structure.
    (b)(1) Before commencing to load grain which has been fumigated, the 
employer shall ascertain from the elevator operator that the cargo is 
free from hazardous concentrations of fumigants.
    (2) The employer shall not load tobacco until the carrier has 
provided written notification as to whether or not the cargo has been 
fumigated. If the tobacco has been fumigated with any toxic fumigant, 
the employer shall not commence loading until written warranty has been 
received from the fumigation facility that the aeration of the cargo has 
been such as to reduce the concentration of the fumigant to a safe 
limit. Such notification and warranty shall be maintained for at least 
30 days after the loading of the tobacco has been completed, and shall 
be available for examination by representatives of the Occupational 
Safety and Health Administration.
    (3) Before commencing to load cargo other than cargo mentioned in 
paragraph (b)(1) or (b)(2) of this section, which has been fumigated at 
the loading port, the employer shall ascertain that such cargo does not 
contain a hazardous concentration of fumigants.
    (c) Before employees are permitted to enter or work in any stowage 
space or tank, the employer shall ascertain from the officer in charge 
of the vessel, or the vessel's agent or operator, whether explosive, 
poisonous, noxious, or gaseous cargoes have been carried or are stowed 
therein, or whether dry ice has been used as a refrigerant therein,

[[Page 314]]

or whether such places have been fumigated, or whether there is a 
possibility of oxygen deficiency. Upon establishing that any of such 
conditions may exist, the employer shall ascertain from the officer in 
charge of the vessel, if he is properly equipped and qualified so to 
evaluate, the condition of the work place with respect to atmospheric 
contaminants or deficiencies. If the officer in charge of the vessel is 
not equipped or qualified to carry out such evaluation, this shall be 
done by another person qualified and equipped to do it.
    (d) When it is ascertained as set forth in paragraph (c) of this 
section that the atmosphere in which employees would be working is 
immediately dangerous to life, or if the atmosphere becomes immediately 
dangerous to life during cargo handling operations, no employee shall be 
permitted to enter or remain in the work place until the atmospheric 
condition has been made safe. Atmospheres immediately dangerous to life 
are those which contain less than 16.5 percent oxygen, or which by 
reason of the high toxicity of the contaminant, as in fumigation, or the 
high concentration of contaminants, as with carbon dioxide, would 
endanger the life of a person breathing them for even a short period of 
time.
    (e) When it is ascertained as set forth in paragraph (c) of this 
section that the atmosphere in which employees would be working contains 
dangerous gaseous contaminants not immediately dangerous to life, or if 
the atmosphere becomes so contaminated during cargo handling operations, 
no employee shall be permitted to enter or remain in the work place 
until the atmosphere is made safe, or the employees are protected by 
suitable respiratory protective equipment in accordance with the 
requirements of Sec. 1918.102 (a) and (b). Dangerous gaseous 
contaminants not immediately dangerous to life are gases present in 
concentrations that could be breathed for a short period of time without 
endangering the life of a person breathing them, but might produce 
discomfort and injury after a prolonged single exposure or repeated 
short exposures.
    (f) When employees are exposed to heavy concentrations of dusts, as 
in loading bulk grain, they shall be protected by suitable respiratory 
protective equipment in accordance with the requirements of 
Sec. 1918.102 (a) and (c).



Sec. 1918.94   Sanitation and drinking water.

    (a) Longshoring operations shall not be carried on in the immediate 
vicinity of uncovered garbage or in the way of overboard discharges from 
sanitary lines unprotected by a baffle or splash boards.
    (b) Clean drinking water in clean, covered containers shall be 
provided. Individual sanitary drinking cups or some other equally 
sanitary device shall be conveniently available.



Sec. 1918.95   Longshoring operations in the vicinity of repair and maintenance work.

    (a) Longshoring operations shall not be carried on when chipping or 
scaling of decks, bulkheads or sides of vessels creates excessive noise 
which interferes with communication of warnings or instructions.
    (b) Longshoring operations shall not be carried on in the hold or on 
deck beneath men working in the rigging overhead when such overhead work 
creates a hazard of falling objects.
    (c) Longshoring operations shall not be carried on where employees 
are exposed to injurious light rays, hot metal, or sparks, any of which 
result from welding or cutting.
    (d) Longshoring operations shall not be carried on where employees 
are exposed to unsafe concentrations of dust or vapors from sand 
blasting or spray painting.



Sec. 1918.96   First aid and life saving equipment.

    (a) Unless a first aid room is close at hand and a qualified 
attendant is prepared to render first aid to employees on behalf of the 
employer, the employer shall furnish a first aid kit for each vessel on 
which work is being performed, except that when work is being performed 
on more than one small vessel at one pier only one kit shall be 
required. The kit shall be kept in the immediate vicinity of the vessel 
and at least one employee holding a currently valid first aid 
certificate shall be close at hand.

[[Page 315]]

    (b) The first aid kit shall consist of a weatherproof container with 
individual sealed packages for each type of item. The contents of such 
kit shall include a sufficient quantity of at least the following types 
of items:

    Gauze roller bandages, 1 inch and 2 inch.
    Gauze compress bandages, 4 inch.
    Adhesive bandages, 1 inch.
    Triangular bandage, 40 inch.
    Ammonia inhalants and ampules.
    Antiseptic applicators or swabs.
    Burn dressing.
    Eye dressing.
    Wire or thin board splints.
    Forceps and tourniquet.

    (c) The contents of the first aid kit shall be checked before being 
sent out on each job to ensure that all expended items have been 
replaced.
    (d) There shall be available for each vessel being worked one Stokes 
basket stretcher, or its equivalent, permanently equipped with bridles 
for attaching to the hoisting gear, except that there need be no more 
than two stretchers on each pier. Stretchers shall be kept close to the 
vessels.
    (e) The employer shall ensure that there is in the vicinity of each 
vessel being worked at least one U.S. Coast Guard approved 30-inch 
lifering with not less than 90 feet of line attached and at least one 
portable or permanent ladder which will reach from the top of the apron 
to the surface of the water. If the above equipment is not available at 
the pier, the employer shall furnish it during the time that he is 
working the vessel. When working a barge, scow, raft, lighter, log boom, 
or carfloat alongside a ship, a U.S. Coast Guard approved 30-inch 
lifering, with not less than 90 feet of line, shall be provided either 
on the floating unit itself or aboard the ship in the immediate vicinity 
of each floating unit being worked.
    (f) When employees are working on log booms or cribs, lifelines 
shall be furnished and hung overside to the water's edge.



Sec. 1918.97   Qualification of machinery operators.

    (a) Only those employees considered by the employer to be competent 
by reason of training or experience, and who understand the signs, 
notices, and operating instructions and are familiar with the signal 
code in use shall be permitted to operate a crane, winch or other power-
operated hoisting apparatus, or any power-operated vehicle, or to give 
signals to the operator of any hoisting apparatus.
    (b) No employee known to have defective uncorrected eyesight or 
hearing, or to be suffering from heart disease, epilepsy, or similar 
ailments which may suddenly incapacitate him shall be permitted to 
operate a crane, winch or other power-operated hoisting apparatus or a 
power-operated vehicle.
    (c) No minor under 18 years of age shall be employed in occupations 
involving the operation of any power-operated hoisting apparatus or 
assisting in such operations by performing work such as hooking on or 
landing drafts, rigging gear, etc.



Sec. 1918.98   Grain fitting.

    (a) Where employees are engaged in work on longitudinal bulkheads or 
shifting boards (other than longitudinal bulkheads of feeders) at a 
distance of eight (8) feet or more above any ceiling, tank top or deck, 
the following shall apply:
    (1) If working off portable straight ladders the provisions of 
Sec. 1918.25(f) of this part shall apply.
    (2) If working off staging, any lumber used in the construction 
thereof shall be sound, straight grained, free from cross grain, shakes, 
and large, loose or dead knots. It shall also be free from dry rot, 
large checks, worm holes or other defects which impair its strength. 
Platform planking used as a work surface shall not be less than 2  x  10 
lumber and the width of the platform shall not be less than 18 inches.
    (3) If working from other elevated positions, employees shall be 
protected from falling by safety belt and lifeline or other equivalent 
protection.
    (b)(1) When grain fitting operations are in progress in the square 
of an intermediate deck, the hatch covering at that deck shall be such 
as to cover the hatch except for the minimum open spaces necessary to 
perform the work.
    (2) When coverings used to provide a temporary work surface are 
other than the vessels' hatch covers placed in their normal positions, 
they shall be of

[[Page 316]]

adequate strength and so placed or secured that they cannot be 
accidentally dislodged.
    (c) When the erection of grain fittings requires employees to work 
on surfaces immediately adjacent to or between open deep tanks, either 
the deep tank covers shall be put in place, the opening covered by a 
net, or the opening guarded by a line, railing or net rigged as a 
railing, or by other suitable means.
    (d) When removing hatch coverings from the interiors of feeders at 
the completion of their construction, or when removing or replacing 
hatch coverings in the interiors of feeders for any purpose at other 
times, employees engaged in this work shall be protected from falling by 
the use of adequate individual lifelines, properly tended, or by nets or 
other means suitable for the purpose. Except for the minimum open spaces 
necessary, hatch coverings shall not be removed within feeders under 
construction until such construction is completed.
    (e) When repair or other work is carried out in the interior of an 
existing feeder and circumstances do not allow the covering of the hatch 
at that deck, employees shall be protected from falling by the use of 
adequate individual lifelines, properly secured and if necessary tended, 
or by nets or other means suitable for the purpose.
    (f) Such other sections of this part as are applicable to grain 
fitting operations shall be adhered to.



Sec. 1918.99  Commercial diving operations.

    Commercial diving operations shall be subject to Subpart T of Part 
1910, Secs. 1910.401 through 1910.441. of this chapter.

[42 FR 37673, July 2, 1977]



Sec. 1918.100  Retention of DOT markings, placards and labels.

    (a) Any employer who receives a package of hazardous material which 
is required to be marked, labeled or placarded in accordance with the U. 
S. Department of Transportation's Hazardous Materials Regulations (49 
CFR Parts 171 through 180) shall retain those markings, labels and 
placards on the package until the packaging is sufficiently cleaned of 
residue and purged of vapors to remove any potential hazards.
    (b) Any employer who receives a freight container, rail freight car, 
motor vehicle, or transport vehicle that is required to be marked or 
placarded in accordance with the Hazardous Materials Regulations shall 
retain those markings and placards on the freight container, rail 
freight car, motor vehicle or transport vehicle until the hazardous 
materials which require the marking or placarding are sufficiently 
removed to prevent any potential hazards.
    (c) Markings, placards and labels shall be maintained in a manner 
that ensures that they are readily visible.
    (d) For non-bulk packages which will not be reshipped, the 
provisions of this section are met if a label or other acceptable 
marking is affixed in accordance with the Hazard Communication Standard 
(29 CFR 1910.1200).
    (e) For the purposes of this section, the term ``hazardous 
material'' and any other terms not defined in this section have the same 
definition as in the Hazardous Materials Regulations (49 CFR Parts 171 
through 180).

[59 FR 36700, July 19, 1994]



                Subpart J--Personal Protective Equipment



Sec. 1918.101   Eye protection.

    (a) When, because of the nature of the cargo being handled, an eye 
hazard from flying particles or heavy dust exists, employees shall be 
protected by eye protection equipment meeting the specifications 
prescribed by the American National Standards (ANSI) Practice for 
Occupational and Educational Eye and Face Protection, Z87.1 (1968).
    (b) Eye protection equipment shall be maintained in good condition.
    (c) Eye protection equipment which has previously been used shall be 
cleaned and disinfected before it is issued by the employer to another 
employee.
    (d) Employees who wear corrective spectacles while engaged in eye 
hazardous work shall be protected by eye protection equipment of a type 
which can

[[Page 317]]

be worn over personal spectacles, except that glasses with prescription 
ground safety lenses may be worn in lieu of cover goggles when such 
glasses provide suitable protection against the hazard involved.



Sec. 1918.102   Respiratory protection.

    (a) General. (1) Except as provided in paragraph (c)(3) of this 
section, respiratory protective equipment required by this part shall 
carry U.S. Bureau of Mines approval for the use intended. In cases where 
the U.S. Bureau of Mines does not issue approval against the particular 
hazard equipment shall be acceptable to the Occupational Safety and 
Health Administration. Respiratory protective equipment shall be used 
only for the purpose intended and no modification of the equipment shall 
be made.
    (2) Respiratory protective equipment shall be inspected regularly 
and maintained in good condition. Gas mask canisters and chemical 
cartridges shall be replaced as necessary so as to provide complete 
protection. Mechanical filters shall be cleaned or replaced as necessary 
so as to avoid undue resistance to breathing.
    (3) Respiratory protective equipment which has been previously used 
shall be cleaned and disinfected before it is issued by the employer to 
another employee.
    (4) Employees required to use respiratory protective equipment shall 
be instructed in its use.
    (b) Protection against gaseous contaminants not immediately 
dangerous to life. (1) In concentrations of ammonia of less than 3 
percent, or of other gases less than 2 percent, by volume, a canister 
type gas mask equipped with the proper type of canister shall be used. 
Different canisters are approved for use against the following gases and 
groups of gases: Acid gases, hydrocyanic acid gas, chlorine gas, organic 
vapors, ammonia gas, carbon monoxide or combinations of the above.
    (2) In low concentrations (less than 0.1 percent by volume, but 
above the Threshold Limit Value of the gas), a chemical cartridge 
respirator equipped with the type of cartridge approved for use against 
the particular gases or groups of gases listed in subparagraph (1) of 
this paragraph shall be used.
    (c) Protection against dusts. (1) For protection against 
pneumoconiosis producing dusts, a respirator equipped with the type of 
filter approved for such purpose shall be used.
    (2) For protection against toxic dusts, a respirator equipped with 
the type of filter approved for such purpose shall be used.
    (3) For protection against nuisance dusts, a respirator equipped 
with the type of filter required in paragraph (c)(1) of this section or 
a suitable dust mask shall be used.



Sec. 1918.103   Protective clothing.

    (a) When employees are handling cargo which, due to ruptured, 
leaking or inadequate containers, may cause burns, skin irritation or be 
otherwise injurious to health, they shall be protected by suitable 
protective clothing.
    (b) Protective clothing which has been previously worn shall be 
cleaned and disinfected before it is issued by the employer to another 
employee.



Sec. 1918.104   Foot protection.

    The employer shall arrange through means, such as vendors or local 
stores, or otherwise, to make safety shoes readily available to all 
employees, and shall encourage their use.



Sec. 1918.105   Head protection.

    (a) Employees shall be protected by protective hats meeting the 
specifications contained in the American National Standard Safety 
Requirements for Industrial Head Protection, Z89.1 (1969).
    (b) Protective hats which have been previously worn shall be cleaned 
and disinfected before they are issued by the employer to another 
employee.



Sec. 1918.106   Protection against drowning.

    (a) Personal flotation devices. Any personal flotation device shall 
be approved by the United States Coast Guard as a Type I PFD, Type II 
PFD, Type III PFD, or Type V PFD, or their equivalent, pursuant to 46 
CFR Part 160 (Coast Guard Life-saving Equipment Specifications) and 33 
CFR 175.23 (Coast

[[Page 318]]

Guard table of devices equivalent to personal flotation devices).
    (b) Employees working on log booms shall be protected by personal 
flotation devices meeting the requirements of Sec. 1918.106(a).
    (c) Except when engaged in loading or discharging ocean going 
vessels, employees walking or working on the decks of barges on the 
Mississippi River System and the Gulf Intracoastal Waterway shall be 
protected by personal flotation devices meeting the requirements of 
Sec. 1918.106(a).
    (d) Personal flotation devices shall be maintained in good condition 
and shall be considered unserviceable when damaged so as to affect their 
buoyant properties or capability of being fastened.

      Appendix I to Part 1918--Cargo Gear Register and Certificates

    The cargo gear register, designated Form I by the ILO, is a booklet 
containing instructions and forms on which the following information is 
recorded:
    Part I. Annual Inspection and Quadrennial Thorough Examination of 
Derricks and Permanent Attachments (including Bridle Chains) to the 
Derricks, Masts and Decks.
    Part II. Annual Thorough Examination of Cranes, Winches, Hoists, and 
Accessory Gear other than Derricks and Permanent Attachments Thereto.
    Part III. Annual Thorough Examination of Gear which is Exempt from 
Heat Treatment.
    Part IV. Heat Treatment of Chains, Rings, Hooks, Shackles and 
Swivels which Require such Treatment.

[[Page 319]]

 The following are the sample forms of certificates recommended by the 
                                  ILO:
Test Certificate 
No.......................................................................
.............                        Form No. 2


   Certificate of Test and Examination of Winches, Derricks and Their 
               Accessory Gear, Before Being Taken Into Use

(Form prescribed by)....................................................

Name of ship on which machinery is fitted...............................

------------------------------------------------------------------------
                                    (2)--Angle                          
                                      to the                   (4) Safe 
(1)--Situation and description of   horizontal   (3)--Proof    working  
     machinery and gear, with       of derrick      load     load at the
distinguishing number or mark (if   boom while    applied    angle shown
               any)                  the load      (tons)    in column 2
                                   was applied                  (tons)  
                                    (degrees)                           
------------------------------------------------------------------------
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------

  (5) Name and address of public service, association, company or firm 
making the test and examination.........................................
........................................................................

  (6) Position of signatory in public service, association, company, or 
firm....................................................................
........................................................................

    I certify that on the ______ day of __________, 19____, the above 
machinery, together with its accessory gear was tested by a competent 
person in the manner set forth on the reverse side of this certificate; 
that a careful examination of the said machinery and gear by a competent 
person after the test showed that it had withstood the proof load 
without injury or permanent deformation; and that the safe working load 
of the said machinery and gear is as shown in column 4.

(Date)...................................................                 
          (Signature) ...............................................

    Note: ``Competent person'' means a person acceptable as such to the 
competent authority in the country of issue of the certificate.


                              Instructions

[Reverse of Form 2]-----------------------------------------------------
    Every winch with the whole of the gear accessory thereto (including 
derricks, goosenecks, eye plates, eye bolts, or other attachments) shall 
be tested with a proof load which shall exceed the safe working load as 
follows:

------------------------------------------------------------------------
             Safe working load                       Proof load         
------------------------------------------------------------------------
Up to 20 tons.............................  25 percent in excess.       
20-50 tons................................  5 tons in excess.           
Over 50 tons..............................  10 percent in excess.       
------------------------------------------------------------------------

    The proof load shall be lifted with the ship`s normal tackle with 
the derrick at an angle which should not be more than 15 degrees to the 
horizontal, or, when this is impracticable, at the lowest practicable 
angle. The angle at which the test was made should be stated in the 
certificate of test. After the proof load has been lifted, it should be 
swung as far as possible in both directions.
    As a general rule, all tests should be carried out in this way by 
dead load, and no exception should be allowed in the case of gear on new 
ships. In the case of replacements or renewals, however, spring or 
hydraulic balances may be used where dead loads are not available. Where 
a spring or hydraulic balance is used it shall be accurate, and the test 
should not be regarded as satisfactory unless the indicator remains 
constant for a period of at least five minutes.
    After being tested as aforesaid, all lifting machinery, with the 
whole of the gear accessory thereto shall be examined to see whether any 
part has been injured or permanently deformed by the test.
    The safe working load shown in column 4 is applicable only to a 
swinging derrick. When using fixed derricks, such as ``union purchase'' 
rigs, the safe working load should as a general rule be reduced; in any 
case, it should be determined with due regard to the actual conditions 
of use.
    In the case of heavy derricks, care should be taken that the 
appropriate shrouds and stays are rigged.

    Note: The expression ``ton'' means a ton of 1,000 kg or 2,200 lb.

[[Page 320]]

Test Certificate 
No.......................................................................
.............                        Form No. 3


   Certificate of Test and Examination of Cranes or Hoists, and Their 
               Accessory Gear, Before Being Taken Into Use

(Form prescribed by)....................................................

Name of ship on which machinery is fitted...............................

------------------------------------------------------------------------
                                                              (4)--Safe 
                                     (2)--For                  working  
(1)--Situation and description of   jib cranes   (3)--Proof   load (for 
       crane or hoist, with         radius at       load      jib cranes
distinguishing number or mark (if   which the     applied     at radius 
               any)                 proof load     (tons)      shown in 
                                   was applied                column 2) 
                                                                (tons)  
------------------------------------------------------------------------
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------

(5) Name and address of public service, association, company or firm 
making the test and examination.........................................
........................................................................

(6) Position of signatory in public service, association, company or 
firm....................................................................
........................................................................
    I certify that on the ______ day of ____________ 19____, the above 
machinery, together with its accessory gear, was tested by a competent 
person in the manner set forth on the reverse side of this certificate; 
that a careful examination of the said machinery and gear by a competent 
person after the test showed that it had withstood the proof load 
without injury or permanent deformation, and that the safe working load 
of the said machinery and gear is as shown in column 4.

Date....................................................                  
          (Signature)..................................................

    Note: ``Competent person'' means a person acceptable as such to the 
competent authority in the country of issue of the certificate.


                              Instructions

[Reverse of Form 3]-----------------------------------------------------
    Every crane and other hoisting machine, with its accessory gear 
shall be tested with a proof load which shall exceed the safe working 
load as follows:

------------------------------------------------------------------------
             Safe working load                       Proof load         
------------------------------------------------------------------------
Up to 20 tons.............................  25 percent in excess.       
20 to 50 tons.............................  5 tons in excess.           
Over 50 tons..............................  10 percent in excess.       
------------------------------------------------------------------------

    The proof load shall be lifted and swung as far as possible in both 
directions. If the jib of the crane has a variable radius, it should be 
tested with a proof load, as defined above, at the maximum and minimum 
radii of the jib. With hydraulic cranes where, owing to the limitation 
of pressure, it is impossible to lift a load 25 percent in excess of the 
safe working load, it will be sufficient to lift the greatest possible 
load.
    After being tested, each crane or hoist, with the whole of the gear 
accessory thereto, shall be examined to see whether any part has been 
injured or permanently deformed by the test.

    Note: The expression ``ton'' means a ton of 1,000 kg or 2,200 lb.

[[Page 321]]

Test Certificate 
No.......................................................................
.............                      Form No. 4


 Certificate of Test and Examination of Chains, Rings, Hooks, Shackles, 
                       Swivels, and Pulley Blocks

(Form prescribed by)....................................................

----------------------------------------------------------------------------------------------------------------
                                                                                          (5)--Proof   (6)--Safe
                                                (2)--Description   (3)--No.    (4)--Date     load       working 
  (1)--Distinguishing number or mark (if any)      of gear\1\       tested      of test     applied      load   
                                                                                            (tons)      (tons)  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
\1\The dimensions of the gear, the type of material of which it is made and, where applicable, the heat         
  treatment received in manufacture should be stated (unless Form No. 6 is used for the purpose).               

  (7) Name and address of makers or suppliers...........................
........................................................................

  (8) Name and address of public service, association, company or firm 
making the test and examination.........................................
........................................................................

  (9) Position of signatory in public service, association, company or 
firm....................................................................
........................................................................

    I certify that on the ______ day of ____________ 19____, the above 
gear was tested and examined by a competent person in the manner set 
forth on the reverse side of this certificate, that the examination 
showed that the said gear withstood the proof load without injury or 
deformation; and that the safe working load of the said gear is as shown 
in Column 6.

(Date)....................................................                
            
(Signature)..................................................

    Note: ``Competent person'' means a person acceptable as such to the 
competent authority in the country of issue of the certificate.


                              Instructions

[Reverse of Form 4]-----------------------------------------------------
    Chains, rings, shackles and other loose gear (whether accessory to a 
machine or not) shall be tested with a proof load equal to that shown 
against the article in the following table:

------------------------------------------------------------------------
              Article of gear                         Proof load        
------------------------------------------------------------------------
Chain, ring, hook, shackle or swivel.......  100 percent in excess of   
                                              the safe working load.    
Pulley blocks:                                                          
   Single-sheave block.....................  300 percent in excess of   
                                              the safe working load.    
  Multiple-sheave block with safe working    100 percent in excess of   
   load up to and including 20 tons.          the safe working load.    
  Multiple-sheave block with safe working    20 tons in excess of the   
   load over 20 tons up to and including 40   safe working load.        
   tons.                                                                
  Multiple-sheave block with safe working    50 percent in excess of the
   load over 40 tons.                         safe working load.        
Pitched chains used with hand-operated       50 percent in excess of the
 pulley blocks and rings, hooks, shackles     safe working load.        
 or swivels permanently attached thereto.                               
Hand-operated pulley blocks used with        50 percent in excess of the
 pitched chains and rings, hooks, shackles    safe working load.        
 or swivels permanently attached thereto.                               
------------------------------------------------------------------------

    After being tested, all the gear shall be examined, the sheaves and 
the pins of the pulley blocks being removed for the purpose, to see 
whether any part has been damaged or permanently deformed by the test.

    Note: The expression ``ton'' means a ton of 1,000 Kg or 2,200 lb.

[[Page 322]]

Test Certificate 
No.......................................................................
.............                      Form No. 5


Certificate of Examination and Test of Wire Rope Before Being Taken Into 
                                   Use

(Form prescribed by)....................................................

------------------------------------------------------------------------

Name and address of maker or supplier of rope...........................
........................................................................

Circumference/diameter* of rope.........................................
Number of strands.......................................................
Number of wires per strand..............................................
Lay.....................................................................
Quality of wire.........................................................
Date of test of sample of rope..........................................
Load at which sample broke..............................................
Safe working load, subject to any stated qualifying conditions such as 
minimum pulley diameter, direct tensile load, etc.......................
Name and address of public service, association, company or firm making 
the examination and test................................................
........................................................................

Position of signatory in public service, association, company or firm 
making the examination and test.........................................
........................................................................

    I certify that the above particulars are correct, and that the 
examination and test were carried out by a competent person.

(Date)....................................................                
            (Signature)................................................

    Note: ``Competent person'' means a person acceptable as such to the 
competent authority in the country of issue of the certificate.
    *Delete what does not apply.


                              Instructions

[Reverse of Form No. 5]-------------------------------------------------
    Wire rope shall be tested by sample, a piece being tested to 
destruction, and the safe working load of running ropes shall not exceed 
one-fifth of the breaking load of the sample tested.

[[Page 323]]

Test Certificate 
No.......................................................................
.............                        Form No. 6


  Certificate of Heat Treatment of Chains, Rings, Hooks, Shackles and 
                  Swivels Which Require Such Treatment

(Form prescribed by)....................................................

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 (3)--Number                                        (7)--Defects
                                                      of      (4)--Number   (5)--Date  (6)--Nature    found at  
(1)--Distinguishing number or  (2)--Description  certificate      heat       of heat     of heat     inspection 
             mark                 of gear\1\     of test and    treated     treatment   treatment    after heat 
                                                 examination                              given       treatment 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
\1\The dimensions of the gear, the type of material of which it is made, and the heat treatment received in     
  manufacture should be stated.                                                                                 

  (8) Name and address of public service, association, company or firm 
carrying out the heat treatment and inspection..........................
........................................................................

  (9) Position of signatory in public service, association, company or 
firm....................................................................
........................................................................

    I certify that on the date shown in Column 5, the gear referred to 
in Columns 1 to 4 was heat-treated (indicated in column 6) under my 
supervision; that after being so heat-treated every article was 
carefully inspected, and that no defects affecting its safe working 
condition were found other than those indicated in Column 7.
(Date)....................................................                
            (Signature)................................................

    Notes: ``Competent person'' means a person acceptable as such to the 
competent authority in the country of issue of the certificate.

    For requirements as to heat treatment, see reverse side.


                              Instructions
                                annealing

[Reverse of Form No. 6]-------------------------------------------------
    Chains (other than bridle chains attached to derricks or masts), 
rings, hooks, shackles and swivels made of wrought iron, used in 
hoisting or lowering, shall be annealed at the following intervals.

------------------------------------------------------------------------
                                                               If used  
                                                 If used on   solely on 
                                                  lifting      lifting  
                                                 machinery    machinery 
                                                 driven by    worked by 
                                                   power         hand   
------------------------------------------------------------------------
Half-inch (12.5 mm) and smaller chains, rings,                          
 hooks, shackles and swivels in general use...     6 months    12 months
All other chains, rings, hooks, shackles and                            
 swivels in general use.......................    12 months      2 years
------------------------------------------------------------------------

                          other heat treatment

    Chains, rings, hooks, shackles and swivels made of material other 
than wrought iron shall be heat treated in accordance with procedures 
approved by the competent authority.

[[Page 324]]

Test Certificate 
No.......................................................................
.............                      Form No. 7


   Certificate of Annual Thorough Examination of Gear Which Does Not 
                 Require To Be Periodically Heat Treated

(Form prescribed by)....................................................

----------------------------------------------------------------------------------------------------------------
                                                                                       (3)--Number              
                                                                                            of                  
       (1)--Distinguishing number or mark             (2)--Description of gear\1\      certificate  (4)--Remarks
                                                                                       of test and              
                                                                                       examination              
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
\1\The dimensions of the gear, the type of material of which it is made, and the heat treatment received in     
  manufacture should be stated.                                                                                 

  (5) Name and address of public service, association, company or firm 
making the test and examination.........................................
........................................................................
  (6) Position of signatory in public service, association, company or 
firm....................................................................
........................................................................

    I certify that on the ______ day of ____________ 19____, the above 
gear was thoroughly examined by a competent person, and that no defects 
affecting its safe working condition were found other than those 
indicated in Column 4.

(Date)....................................................                
            (Signature).................................................

    Notes: This certificate is optional. The above particulars may be 
entered in Part III of the Register (Form No. 1).

    ``Competent person'' means a person acceptable as such to the 
competent authority in the country of issue of the certificate.
    For list of gear not required to be heat-treated and definition of 
``thorough examination'', see reverse side.


                              Instructions

[Reverse of Form No. 7]-------------------------------------------------
    Gear not required to be heat treated, but required to be thoroughly 
examined by a competent person once at least in every twelve months.
Plate-link chains.
Pitched chains.
Rings, hooks, shackles and swivels permanently attached to pitched 
chains, pulley blocks or weighing machines.
Hooks and swivels having ball bearings or other case-hardened parts.
Bordeaux connections.
Other gear exempted by the competent authority, as follows:
........................................................................
........................................................................

    Note: ``Thorough examination'' means a visual examination, 
supplemented if necessary by other means such as a hammer test, carried 
out as carefully as conditions permit in order to arrive at a reliable 
conclusion as to the safety of the parts examined, if necessary for the 
purpose, parts of the machines or gear must be dismantled.
  

[[Page 325]]

    Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Department of Labor.
  

               Subject Index for 29 CFR 1918--Longshoring               
------------------------------------------------------------------------
               Subject term                          Section No.        
------------------------------------------------------------------------
Access, Means: (see Gangways and Ladders,                               
 Jacob's).                                                              
  Barges..................................  .23(a), (b), (c)            
  Drafts..................................  .21(i)                      
  Illumination............................  .21(h)                      
  River Towboats..........................  .23(b)                      
  Vessels.................................  .11 (a), (b), (c)           
Atmospheres:                                                            
  Carbon Monoxide.........................  .93(a), (1), (2)            
  Conditions..............................  .93(c)                      
  Dusts...................................  .93(f)                      
  Fumigants...............................  .93(b), (1), (2), (3)       
  Life Hazards............................  .93(d), (e)                 
Bales, Handling...........................  .81(e)                      
Barges:                                                                 
  Access..................................  .23(a), (b), (c)            
  Decks...................................  .37(b)                      
  Definition..............................  .3(g)                       
  Mooring.................................  .23(d)                      
  Moving by Booms.........................  .84(c)                      
  Open Hatches............................  .35                         
  Walking.................................  .37(a)                      
Beams, Hatch (Strongbacks):                                             
  Placement...............................  .31(d)                      
  Roller..................................  .43(f)                      
  Secured.................................  .31(b), .43(e)              
  Stowage.................................  .43(b), (c), (d)            
Booms:                                                                  
  Moving Barges or Cars...................  .84(c)                      
  Placement...............................  .54(b)                      
  Topping or Lowering.....................  .54(e), (1), (2)            
Bridge Plates.............................  .24(a)                      
Bridles:                                                                
  Beam and Pontoon........................  .42                         
  Cargo Handling..........................  .81(b)                      
  Flush End Pallets.......................  .67(d)                      
  Gangways................................  .21(e)                      
Buckets (Tubs, Hand-Loaded)...............  .82(b)                      
Bulk Cargo Moving Vehicles................  .73(a), (c), (i), (j), (k)  
Bulk Carriers, Great Lakes................  .35                         
Bulling:                                                                
  Definition..............................  .3(1)                       
  Leads...................................  .84 (a), (b)                
Car Plates: (see Bridge Plates).                                        
Carbon Monoxide...........................  .93(a)                      
                                            .102(b)(1)                  
Cargo Handling:                                                         
  Bales...................................  .81(e)                      
  Breaking Down...........................  .83(b)                      
  Bridles.................................  .81(b)                      
  Bulling.................................  .84(a)                      
  Case Hooks..............................  .81(d)                      
  Drafts, Building........................  .82                         
  Drafts, Safely Slung....................  .81(a)                      
  Hoisting................................  .81(g)                      
  Lumber..................................  .81(c)                      
  Pipes...................................  .81(c)                      
  Reefers.................................  .83(c)                      
  Securing................................  .83(a)                      
  Tag Lines...............................  .81(f)                      
  Trimming................................  .83(c)                      
Cargo Hooks...............................  .52(f)                      
Cars, Railway.............................  .84(c)                      
Case Hooks................................  .81(d)                      
                                            .66(d)                      
Chains:                                                                 
  Annealed................................  .64(f)                      
  Inspection..............................  .64(b)                      
  Knots...................................  .64(g)                      
  Proof Tests.............................  .64(e)                      
  Removal From Service....................  .64(c), (d)                 
  Repairs.................................  .64(e)                      
  Safe Working Loads......................  .64(a)                      
  Shortened...............................  .64(g)                      
Chutes....................................  .68(a), (b), (c), (f)       
Clamps, Beam or Frame.....................  .84(e)                      
Coaming Clearances:                                                     
  Intermediate Decks......................  .41(b)                      
  Not Applicable..........................  .41(d)                      
  Not Required............................  .41(b)(2)                   
  Trunk Hatches...........................  .41(c)                      
  Weather Decks...........................  .41(a)                      
Coaming Rollers, Secured..................  .52(e)                      
Compliance Responsibility.................  .2                          
Containerized Cargo:                                                    
  Capacity................................  .85(c)                      
  Definition..............................  .85(e)                      
  Handling................................  .85(b)                      
  Inspection..............................  .85(d)                      
  Permanent Markings......................  .85(a)                      
Conveyors, Powered:                                                     
  Controls................................  .69 (a), (b), (d)           
  Explosion-Proof.........................  .69(b)                      
  Guarding................................  .69(c)                      
  Power Cables............................  .69(e)                      
Cranes:                                                                 
  Afloat, Guarding Swing Radius...........  .55                         
  Ashore, Guarding Swing Radius...........  .74(a)(10)                  
  Certification, Afloat...................  .12(a)                      
  Certification, Ashore...................  .13(a)                      
  Certification, Container................  .14                         
  Counterweights..........................  .74(a)(6)                   
  Definition..............................  .3(r)(1)                    
  Hoisting................................  .74(a)(1)                   
  Illumination............................  .74(a)(11)                  
  Loading Indicating Devices..............  .74(a)(9)                   
  Overloading Prohibited..................  .74(a)(5)                   
  Radius Indicators.......................  .74(a)(3)                   

[[Page 326]]

                                                                        
  Rating Charts...........................  .74(a)(2)                   
  Side Stress on Boom.....................  .74(a)(7)                   
  Visible Defects.........................  .72(a)(8)                   
Cups, Sanitary Drinking...................  .94(b)                      
Deck Loads:                                                             
  Clearance...............................  .54(f)                      
  Handlines...............................  .41(a)                      
  Ladders.................................  .25(e)                      
  Safe Passage............................  .33 (a), (b)                
Decks, Oiled..............................  .38                         
Definitions:                                                            
  Barge...................................  .3(g)                       
  Beam, Strongback........................  .3(n)                       
  Bulk Cargo Spout........................  .3(r)(3)                    
  Bulk Cargo Sucker.......................  .3(r)(4)                    
  Bulling.................................  .3(l)                       
  Crane...................................  .3(r)(1)                    
  Derrick.................................  .3(r)(2)                    
  Employee................................  .3(d)                       
  Employer................................  .3(c)                       
  Gangway.................................  .3(k)                       
  Hazardous Cargo.........................  .3(s)                       
  Intra-Coastal Waterway..................  .3(p)                       
  Longshoring Operations..................  .3(i)                       
  Mississippi River System................  .3(o)                       
  Public Vessel...........................  .3(f)                       
  Related Employment......................  .3(j)                       
  River Towboat...........................  .3(h)                       
  Ship Cargo Handling Gear................  .3(m)                       
  Trimming Hatch..........................  .3(q)                       
  Vessel..................................  .3(e)                       
Derricks:                                                               
  Certification, Afloat...................  .12(a)                      
  Certification, Ashore...................  .13(a)                      
  Definition..............................  .3(r)(2)                    
  Ratings.................................  .74 (a) (4), (5)            
  Visible Defects.........................  .74(a)(8)                   
Drafts:                                                                 
  Access Means............................  .21(i)                      
  Building................................  .82 (a), (b)                
  Double Slings...........................  .81(c)                      
  Safely Slung............................  .81(a)                      
  Visibility..............................  .81(g)                      
Drinking Water............................  .94(b)                      
Duckboards, Cleated.......................  .21(b)                      
Dunnage:                                                                
  Clear of Work Area......................  .91 (a), (d)                
  Nails...................................  .91(h)(2)                   
  Placement on Deck.......................  .91(e)                      
  Racked Against Sweat Battens............  .91(f)                      
  Slinging................................  .81(c)                      
  Stowage.................................  .91(g)                      
Dusts:                                                                  
  Heavy Concentration.....................  .93(f)                      
  Protection..............................  .93(f), .102(c)             
  Sandblasting............................  .95(d)                      
Edge, Guarded.............................  .32(b)                      
Eye Protection:                                                         
  Cleaned Disinfected.....................  .101(c)                     
  Corrective Spectacles...................  .101(d)                     
  Maintenance.............................  .101(b)                     
  Required................................  .101(a)                     
  Specifications..........................  .101(a)                     
Falls (runners):                                                        
  Chafing.................................  .54(d)                      
  Drum Winding............................  .52(c)(4)                   
  Eyes....................................  .52(c)(3)                   
  Secured.................................  .52(c)(1)                   
  Winch Drum Turns........................  .52(c)(2)                   
First Aid:                                                              
  First Aid Kit...........................  .96(b)                      
  Inspection..............................  .96(c)                      
Foot Protection...........................  .104                        
Fumigation:                                                             
  Cargo...................................  .93(b)(3)                   
  Grain...................................  .93(b)(1)                   
  Stowage Spaces..........................  .93(c)                      
  Tobacco.................................  .93(b)(2)                   
Gangways:                                                               
  Coast Guard Inspection..................  .11(c)                      
  Definition..............................  .3(k)                       
  Duckboards..............................  .21(b)                      
  General Requirements....................  .11 (a), (b)                
  Illumination............................  .21(h)                      
  Loads...................................  .21(i)                      
  Nets....................................  .21(c)                      
  Obstructions............................  .21(g)                      
  Railing.................................  .11(b)                      
  Stanchions..............................  .11(b)                      
  Substitutes.............................  .11(a)                      
  Supporting Bridles......................  .21(e)                      
  Trimming................................  .21(a)                      
  Turntables..............................  .11(b)                      
  Walking Surfaces........................  .11(a)                      
Garbage...................................  .94(a)                      
Gear Certification:                                                     
  Coast Guard Inspected Vessels...........  .12(c)                      
  Container Cranes........................  .14                         
  Exemption from 1918.13..................  .3(r)(5)                    
  Foreign vessels.........................  .12(d)                      
  Jurisdiction transfer...................  .13(f)                      
  Maintenance.............................  .13(h)                      
  Materials handling devices..............  .13(a)                      
  Public vessels..........................  .12(b)                      
  Regulations.............................  .12(a)                      
  Routine disassembly.....................  .13(e)                      
  Seasonal operations.....................  .13(g)                      
  Standards...............................  .13(b) (1), (2)             
Gear, Other than Ship:                                                  
  Blocks, Snatch..........................  .84 (b), (d)                
  Bridles.................................  .67(d), .81(b)              
  Chains..................................  .64                         
  Clamps, Beam or Frame...................  .84(e)                      
  Hooks...................................  .66                         
  Hooks, Case.............................  .66(d), .81(d)              
  Hooks, Plate............................  .66(e)                      
  Inspection..............................  .61(a)                      
  Manila Ropes............................  .62(a)                      
  Marking Weight..........................  .61(d)                      
  Pallets.................................  .67                         
  Shackles................................  .65                         
  Stevedore Gear..........................  .61(b)                      

[[Page 327]]

                                                                        
  Synthetic Fiber Ropes...................  .62(b)                      
  Wire Ropes..............................  .63                         
  Wire Rope Clips.........................  .63(c)                      
  Wire Rope Limitations...................  .63 (d), (e)                
Gear, Ship Cargo Handling:                                              
  Cargo Hooks.............................  .52(f)                      
  Certification...........................  .12                         
  Coaming Rollers.........................  .52(e)                      
  Falls...................................  .52(c)                      
  Heel Blocks.............................  .52(d)                      
  Preventers..............................  .52(a), .54(c)              
  Safe Working Loads......................  .51(a)                      
  Stoppers, Chain.........................  .52(b)                      
  Stoppers, Clamp.........................  .52(b)(3)                   
  Unsafe..................................  .51(b)                      
  Wire Rope Limitations...................  .51(c)                      
Grain Fitting:                                                          
  Deep Tanks, Proximity...................  .98(c)                      
  Feeders.................................  .98(e)                      
  Hatch Cover Removal.....................  .98(d)                      
  Intermediate Decks......................  .98(b)(1)                   
  Longitudinal Bulkheads or Shifting        .98(a)                      
   Boards.                                                              
  Regulations.............................  .98(f)                      
  Work Surfaces, Temporary................  .98(b)(2)                   
Gravity Rollers...........................  .68 (c), (d), (e), (f)      
Grounding.................................  .76                         
Guys:                                                                   
  Placement...............................  .54(a)                      
  Preventers..............................  .54(c)                      
  Securing................................  .54(c)                      
Handrails:                                                              
  Barges..................................  .37(a)                      
  Deck Loads..............................  .41(a)                      
  Trunk Bulk heads........................  .41(c)                      
Hatch Covering:                                                         
  Intermediate Decks......................  .31 (a), (e)                
  Partially Opened........................  .43(a)(3)                   
  Securing................................  .43(f) (2), (h)             
  Weather Decks...........................  .43(a)                      
Hatch Covers:                                                           
  Damaged or Ill Fitting..................  .31(c)                      
  Hinged or Folding.......................  .43(h)                      
  Hydraulic...............................  .41(d)                      
  Mechanical..............................  .41(d)                      
  Missing.................................  .31(c)                      
  Placement...............................  .31(d)                      
  Repairs.................................  .31(c)                      
  Stowage.................................  .43(a) (1), (2), (d)        
  Pontoons................................  .43(e)                      
Hatch, Protection.........................  .35                         
Hazardous Communication...................  .90                         
Hazardous Cargoes:                                                      
  Definition..............................  .3(s)                       
  Handling................................  .86(b)                      
  Spillage or Leakage.....................  .86(c)                      
Head Protection...........................  .105                        
Housekeeping..............................  .91                         
Ice.......................................  .91(i)                      
Illumination..............................  .92                         
Inspection:                                                             
  Chains..................................  .64(b)                      
  Hooks...................................  .66(c)                      
  Respiratory Protective Equipment........  .102(a)(2)                  
  Stevedore Gears.........................  .61(b)                      
Knots, Wire Rope..........................  .63(d)                      
Ladders, Cargo Spaces:                                                  
  Alternatives............................  .25(c)                      
  Rung Clearance..........................  .25(d)                      
  General.................................  .25(a)                      
  Unsafe..................................  .25(b)                      
Ladders, Jacobs:                                                        
  Acceptable..............................  .22(a)                      
  Barge or Towboat........................  .23(b), (c)                 
  In Lieu of Gangways.....................  .11(a)                      
  In Lieu of Fixed Hold Ladders...........  .25(c)                      
  Suspension..............................  .22(b)                      
Ladders, Straight Portable:                                             
  Barge or Towboat........................  .24(b)                      
  In Lieu of Fixed Hold Ladders...........  .25(c)                      
  In Lieu of Gangways.....................  .11(a)                      
  Secured.................................  .25(f)                      
Ladders, to Water.........................  .96(e)                      
Lifelines.................................  .96(f)                      
Liferings.................................  .96(e)                      
Lights, Open Flame Prohibited.............  .92(c)                      
Minors, Employment........................  .97(c)                      
Nails, Protruding.........................  .91(h)                      
Nets:                                                                   
  Gangways................................  .21(c)                      
  Safety..................................  .32(b), (c)                 
Notifying Ships Officers..................  .75                         
Operators, Machinery......................  .97(a), (b)                 
Overboard Discharges......................  .94(a)                      
Personal Protective Equipment:                                          
  Drowning Protection.....................  .106                        
  Eye Protection..........................  .101                        
  Foot Protection.........................  .104                        
  Head Protection.........................  .105                        
  Protective Clothing.....................  .103                        
  Respiratory Protection..................  .102                        
Pontoons: (see Hatch Covers).                                           
  Lifting.................................  .42(c)                      
  Secured.................................  .43(e)                      
  Stowage.................................  .43(c)                      
Preventer:                                                              
  Coaming Rollers.........................  .52(e)                      
  Heel Blocks.............................  .52(d)(1)                   
Preventer Guys:                                                         
  Securing................................  .54(c)                      
  Strength................................  .52(a)(1)                   
  Tails...................................  .52(a)(1)                   
Rails, Weather Deck.......................  .36                         
Ramps.....................................  .23(a) (b), .24(b)          
Reefer Compartments, Securing.............  .83(c)                      
Respiratory Protection:                                                 
  Canisters, Gas Mask.....................  .102(b)(1)                  
  Cartridge Respirators...................  .102(b)(2)                  
  Cleaned and Disinfected.................  .102(a)(3)                  
  Gas Masks...............................  .102(b)(1)                  

[[Page 328]]

                                                                        
  Inspected and Maintained................  .102(a)(2)                  
  Instructions............................  .102(a)(4)                  
  Requirements............................  .102(a)(1)                  
  Respirators, Chemical Cartridge.........  .102(a)(2)                  
  Respirators, Dust.......................  .102(c)                     
Rigging Gear:                                                           
  Boom Placement..........................  .54(b)                      
  Falls, Chafing..........................  .54(d)                      
  Guy Placement...........................  .54(a)                      
  Preventer Securing......................  .54(c)                      
Runners: (see Falls (Runners)).                                         
Shackles:                                                               
  Safe Working Loads......................  .65(a)                      
  Used Aloft..............................  .65(b)                      
Skeleton (Mechano) Decks..................  .34                         
Slippery Conditions.......................  .91(c)                      
Snatch Blocks:                                                          
  Fairleads...............................  .84(b)                      
  Use.....................................  .84(d)                      
Splash Boards.............................  .94(a)                      
Spouts, Bulk Cargo:                                                     
  Certification...........................  .13(a)                      
  Definition..............................  .3(r)(3)                    
Steps, Bulwark............................  .21(f)                      
Stowed Cargo, Temporary Landing Platform..  .32                         
Stretchers................................  .96(d)                      
Strongback: (see Beams, Hatch                                           
 (Strongback)).                                                         
Suckers, Bulk Cargo:                                                    
  Certification...........................  .13(a)                      
  Definition..............................  .3(r)(4)                    
Tables, Temporary Landing.................  .32(a)                      
Tag Lines.................................  .81(f)                      
Tents:                                                                  
  Night...................................  .43(g)                      
  Rain....................................  .71                         
Toggles, Bridle...........................  .42(b)                      
Tools:                                                                  
  Portable Electric.......................  .72(b)                      
  Unsafe..................................  .72(a)                      
Tripping Hazards..........................  .91(a), (b)                 
Trucks, Lift..............................  .73(a), (b), (d), (e), (f), 
                                             (g), (h), (i), (j), (k)    
Ventilation...............................  .93                         
Ventilation, Portable:                                                  
  Carbon Monoxide.........................  .93(a)(1)                   
  Grounding...............................  .93(a) (4) (5)              
  Guarding Blowers........................  .93(a)(3)                   
Vessel:                                                                 
  Coast Guard Inspected...................  .12(b) (c)                  
  Definition..............................  .3(e)                       
  Public, Definition......................  .3(f)                       
  Public, Exemptions......................  .12(b)                      
                                            .11(c),                     
Water, Drinking...........................  .94(b)                      
Walkways:                                                               
  Barges or River Towboats................  .23(b)                      
  Barges..................................  .37(a)                      
  Decks...................................  .43(c)                      
  Gangways................................  .21(d)                      
Winches, Electric:                                                      
  Brakers.................................  .53(c)(1)                   
  Control points..........................  .53(c)(2)                   
  Unattended..............................  .53(c)(3)                   
Winches, General:                                                       
  Changing Gears..........................  .53(a)(4)                   
  Defects.................................  .53(a)(5)                   
  Drivers, Seats and Shelters.............  .53(a)(6)                   
  Extension Levers........................  .53(a)(7)                   
  Gear Shift Locking......................  .53(a)(3)                   
  Guarding................................  .53(a)(1)                   
  Improper Control Lever Operation........  .53(a)(2)                   
Winches, Portable Stowing:                                              
  Internal Combustion Engine Powered......  .70(c)                      
  Securing................................  .70(b)                      
  Use.....................................  .70(a)                      
Winches, Steam:                                                         
  Controls Secured........................  .53(b)(4)                   
  Deck Steam Lines........................  .53(b)(2)                   
  Escaping Steam..........................  .53(b)(1)                   
  Extension Control Levers................  .53(b)(3)                   
Wire Rope Clips:                                                        
  Prohibited..............................  .52(c)(3)                   
  Use.....................................  .63(c)                      
------------------------------------------------------------------------


[[Page 329]]



PART 1919--GEAR CERTIFICATION--Table of Contents




                      Subpart A--General Provisions

Sec.
1919.1  Purpose and scope.
1919.2  Definition of terms.

              Subpart B--Procedure Governing Accreditation

1919.3  Application for accreditation.
1919.4  Action upon application.
1919.5  Duration and renewal of accreditation.
1919.6  Criteria governing accreditation to certificate vessels' cargo 
          gear.
1919.7  Voluntary amendment or termination of accreditation.
1919.8  Suspension or revocation of accreditation.
1919.9  Reconsideration and review.

 Subpart C--Duties of Persons Accredited to Certificate Vessels' Cargo 
                                  Gear

1919.10  General duties; exemptions.
1919.11  Recordkeeping and related procedures concerning records in 
          custody of accredited persons.
1919.12  Recordkeeping and related procedures concerning records in 
          custody of the vessel.

             Subpart D--Certification of Vessels' Cargo Gear

1919.13  General.
1919.14  Initial tests of cargo gear and tests after alterations, 
          renewals or repairs.
1919.15  Periodic tests, examinations and inspections.
1919.16  Heat treatment.
1919.17  Exemptions from heat treatment.
1919.18  Grace periods.
1919.19  Gear requiring welding.
1919.20  Damaged components.
1919.21  Marking and posting of safe working loads.
1919.22  Requirements governing braking devices and power sources.
1919.23  Means of derrick attachment.
1919.24  Limitations on use of wire rope.
1919.25  Limitations on use of chains.

    Subpart E--Certification of Vessels: Tests and Proof Loads; Heat 
                      Treatment; Competent Persons

1919.26  Visual inspection before tests.
1919.27  Unit proof tests--winches, derricks and gear accessory thereto.
1919.28  Unit proof tests--cranes and gear accessory thereto.
1919.29  Limitations on safe working loads and proof loads.
1919.30  Examinations subsequent to unit tests.
1919.31  Proof tests--loose gear.
1919.32  Specially designed blocks and components.
1919.33  Proof tests--wire rope.
1919.34  Proof tests after repairs or alterations.
1919.35  Order of tests.
1919.36  Heat treatment.
1919.37  Competent persons.

      Subpart F--Accreditation to Certificate Shore-Based Equipment

1919.50  Eligibility for accreditation to certificate shore-based 
          material handling devices covered by Sec. 1918.13 of the 
          safety and health regulations for longshoring.
1919.51  Provisions respecting application for accreditation, action 
          upon the application, and related matters.

   Subpart G--Duties of Persons Accredited to Certificate Shore-Based 
                        Material Handling Devices

1919.60  General duties, exemptions.

    Subpart H--Certification of Shore-Based Material Handling Devices

1919.70  General provisions.
1919.71  Unit proof test and examination of cranes.
1919.72  Annual examination of cranes.
1919.73  Unit proof test and examination of derricks.
1919.74  Annual examination of derricks.
1919.75  Determination of crane or derrick safe working loads and 
          limitations in absence of manufacturer's data.
1919.76  Safe working load reduction.
1919.77  Safe working load increase.
1919.78  Nondestructive examinations.
1919.79  Wire rope.
1919.80  Heat treatment.
1919.81  Examination of bulk cargo loading or discharging spouts or 
          suckers.
1919.90  Documentation.

Subject Index for 29 CFR 1919--Gear Certification

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act 
(33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 
FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), 
as applicable; 29 CFR part 1911.

    Source: 39 FR 22096, June 19, 1974, unless otherwise noted.

[[Page 330]]



                      Subpart A--General Provisions



Sec. 1919.1   Purpose and scope.

    (a) The regulations in this part implement Secs. 1918.12(c) and 
(d)(3) and 1918.13 of this chapter. They provide procedures and 
standards governing accreditation of persons by the Occupational Safety 
and Health Administration, U.S. Department of Labor, for the purpose of 
certificating vessels' cargo gear and shore-based material handling 
devices, and the manner in which such certification shall be performed.
    (b) Accreditation is not required, and the regulations of this part 
are not applicable, under the following circumstances:
    (1) When cargo gear certification is performed for vessels inspected 
and certificated under the authority of the U.S. Coast Guard,1 
or for foreign vessels certificated under the requirements of a foreign 
nation or by persons acceptable for certification purposes by a foreign 
nation.
---------------------------------------------------------------------------

    1 Jurisdiction of the U.S. Coast Guard extends to matters 
within the scope of title 52 of the Revised Statutes and Acts 
supplementary or amendatory thereto (46 U.S.C. 1-1388, passim); to 
matters within the regulatory authority of the U.S. Coast Guard under 
the provisions of the Espionage Act of June 15, 1917, as amended (40 
Stat. 220; 50 U.S.C. 191 et seq.; 22 U.S.C. 401 et seq.) or to matters 
within the regulatory authority of the U.S. Coast Guard under section 
4(e) of the Outer Continental Shelf Lands Act of Aug. 7, 1953 (67 Stat. 
462; 43 U.S.C. 1333).
---------------------------------------------------------------------------

    (2) When cargo gear certification is performed for shore-based 
material handling devices under standards established and enforced by 
the States wherein the devices are located, or by political subdivisions 
delegated this responsibility by the States, provided such standards 
meet the requirements of Sec. 1918.13 (b)(2) of this chapter.
    (c) Persons not required to be accredited for gear certification 
purposes, as set forth in paragraph (b) of this section, may, 
nevertheless, apply for and receive accreditation by the Administration. 
The appropriate subparts of this part shall apply to persons accredited 
pursuant to this paragraph except insofar as exemptions may be granted.



Sec. 1919.2   Definition of terms.

    (a) Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, including special-purpose floating structures not primarily 
designed for or used as a means of transportation on water.
    (b) Except as otherwise noted, cargo gear, as used in subparts B 
through E of this part, includes that gear forming a part of a vessel's 
equipment which is used for the handling of cargo other than bulk 
liquids, but does not include gear which is used only for handling or 
holding hoses, handling ships' stores, or handling the gangway, or boom 
conveyor belt.
    (c) With reference to equipment covered by this part--
    (1) Derrick means:
    (i) When applied to vessels' cargo handling gear, a mechanical 
device for lifting, including a boom which is suspended at its head by a 
topping lift from a mast, king post, or similar structure, controlled in 
the horizontal plane by vangs, and used either singly or in pairs with 
married falls;
    (ii) When applied to shore-based material handling devices, a 
mechanical device intended for lifting, with or without a boom supported 
at its head by a topping lift from a mast, fixed A frame, or similar 
structure. The mast or equivalent member may or may not be supported by 
guys or braces. The boom, where fitted, may or may not be controlled in 
the horizontal plane by guys (vangs). The term includes shear legs.
    (2) Crane means a mechanical device, intended for lifting or 
lowering a load and moving it horizontally, in which the hoisting 
mechanism is an integral part of the machine. A crane may be a fixed or 
mobile machine.
    (3) Bulk cargo spout means a spout which may or may not be 
telescopic and may or may not have removable sections, but is suspended 
over the vessel from some overhead structure by wire rope or other 
means. Such a spout is often used with a ``thrower'' or ``trimming 
machine''. A grain loading spout is an example of those covered by this 
definition.

[[Page 331]]

    (4) Bulk cargo sucker means a pneumatic conveyor which utilizes a 
spoutlike device, which may be adjustable vertically and/or laterally, 
and which is suspended over a vessel from some overhead structure by 
wire rope or other means. An example of an installation of this nature 
is the ``grain sucker'' used to discharge grain from barges.
    (d) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or his 
authorized representative.
    (e) Administration means the Occupational Safety and Health 
Administration, U.S. Department of Labor.
    (f) Person includes any individual, partnership, corporation, 
agency, association, or organization.
    (g) Competent person means:
    (1) An individual qualified to perform gear certification functions 
with respect to vessels' cargo handling gear, as specifically set forth 
in Sec. 1919.37.
    (2) An individual qualified under the provisions of subparts F and G 
of this part to perform gear certification functions with respect to 
shore-based material handling devices.
    (h) Ton means a ton of 2,240 pounds when applied to vessels' cargo 
handling gear, and a ton of 2,000 pounds when applied to shore-based 
material handling devices or to shore-type cranes permanently mounted 
aboard barges or other vessels employed in domestic trade and designed 
on the basis of the 2,000-pound ton. Capacity ratings may be stated in 
pounds.
    (i) Nondestructive examination means examination of structure or 
parts by electronic, ultrasonic, or other nondestructive examination 
suitable for the purpose.



              Subpart B--Procedure Governing Accreditation



Sec. 1919.3   Application for accreditation.

    (a) Application. Any person seeking accreditation shall file an 
original and duplicate copy of an application for accreditation with the 
Assistant Secretary of Labor for Occupational Safety and Health, United 
States Department of Labor, Washington, D.C. 20210, on a form provided 
by the Administration for this purpose. Each application shall be signed 
and certified by the applicant and, if the applicant is an agency or 
organization, by a responsible officer of such agency or organization.
    (b) Contents of application. The application form shall include the 
following information:
    (1) A statement detailing the applicable types of work performed by 
the applicant in the past, noting the amount and extent of such work 
performed within the previous three years, listing representative 
vessels involved, and including representative job orders, if available, 
or equivalent evidence;
    (2) Descriptive details concerning any testing instruments and heat 
treatment furnaces which are to be used in conducting required tests or 
heat treatments. Test reports indicating that instruments meet the 
accuracy standards set forth in this part shall be included;
    (3) A list setting forth the ports in which applicant currently 
conducts his business as well as those in which he proposes to conduct 
gear certification activities;
    (4) A list of the applicant's responsible qualified personnel, both 
supervisory and managerial and including any surveyors, with resumes of 
their individual experience in the testing, examination, inspection and 
heat treatment of cargo gear. Such list shall include any branch office 
personnel or surveyors appointed to act in the applicant's behalf in any 
of the ports of the United States: Provided, however, That where the 
submission of individual resumes would be unduly burdensome because of 
the large number of persons engaged in the applicant's behalf, the 
applicant, after stating this fact, need only submit a list of its 
personnel together with a detailed statement of the qualifications upon 
which the appointment of surveyors is based;
    (5) A detailed schedule of the fees proposed to be charged for the 
various gear certification services;
    (6) Evidence of financial stability;
    (7) Names of at least three business references who will furnish 
information regarding work performed by applicant;

[[Page 332]]

    (8) Any additional information the applicant deems to be pertinent.

(Section 1919.3 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0003)

[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]



Sec. 1919.4   Action upon application.

    (a) Upon receipt of an application for accreditation, the Assistant 
Secretary shall approve or deny the application. The Assistant Secretary 
may conduct an investigation, which may include a hearing, prior to 
approving or denying an application. To the extent he deems appropriate, 
the Assistant Secretary may provide an opportunity to other interested 
persons to present data and views on the application prior to approval 
or denial.
    (b) Any application which fails to present the information required 
by the prescribed form may be returned to the applicant with a notation 
of deficiencies and without prejudice to submission of a new or revised 
application.
    (c) If the application is approved, notice of approval shall be 
mailed to the applicant. If the application is denied, notice of such 
denial shall be mailed to the applicant and such denial shall be without 
prejudice to any subsequent application except where such action is 
deemed to be in the public interest. In the event an application is 
denied with prejudice, the provisions of Sec. 1919.9 shall be 
applicable.
    (d) A copy of the notice of accreditation shall be kept on file by 
applicant at the applicant's place of business.



Sec. 1919.5   Duration and renewal of accreditation.

    The period of accreditation shall not exceed three years. 
Applications for renewal of accreditation shall be made on the same form 
as described in Sec. 1919.3. No accreditation shall expire until action 
on an application for renewal shall have been finally determined, 
provided that such application has been properly executed in accordance 
with Sec. 1919.3 and filed with and received by the Assistant Secretary 
not less than 15 nor more than 60 days prior to the expiration date. A 
final determination means either the approval or initial denial of the 
application for renewal. The procedure specified in Sec. 1919.4 shall be 
applicable to all applications for renewal.



Sec. 1919.6   Criteria governing accreditation to certificate vessels' cargo gear.

    (a)(1) A person applying for accreditation to issue registers and 
pertinent certificates, to maintain registers and appropriate records, 
and to conduct initial, annual and quadrennial surveys shall not be 
accredited unless he is engaged in one or more of the following 
activities:
    (i) Classification of vessels;
    (ii) Certification of vessels' cargo gear;
    (iii) Shipbuilding or ship repairing, or both insofar as related to 
work on vessels' cargo handling gear;
    (iv) Unit and loose gear testing of vessels' cargo handling gear.
    (2) Applicants for accreditation under paragraph (a)(1) of this 
section for operations in coastal or Great Lakes ports who come within 
paragraph (a)(1) (ii) or (iv) shall not be accredited unless they 
conduct at least 1,500 hours of cargo gear certification work per year.
    (b) A person applying for accreditation to carry out tests of loose 
gear or wire rope, or both, or to carry out heat treatments, and to 
issue the related certificates, shall be engaged in one or both of the 
following activities:
    (1) Testing of loose gear or wire rope, or both;
    (2) Heat treatment of chains and loose cargo gear.
    (c)(1) A person applying for accreditation shall be staffed by 
individuals technically qualified to conduct the inspections and 
examinations and to conduct or supervise tests and heat treatments 
prescribed in this part. Any representatives, agents or surveyors acting 
on behalf of a person applying for accreditation in ports in which such 
operations are conducted shall be similarly qualified.
    (2) Accreditation to conduct such nondestructive examination as may 
be a part of any certification activity may be granted to applicants 
found competent and equipped to carry out this activity.

[[Page 333]]

    (d) Except as noted in Sec. 1919.1(c), and unless exemptions are 
granted under Sec. 1919.10(h), a person applying for accreditation as 
specified in paragraph (a) of this section shall be prepared to carry 
out all of the requirements of subparts C, D, and E, of this part except 
that loose gear and wire rope tests and heat treatments may be carried 
out by the manufacturer of the gear concerned or by another person 
accredited specifically for this purpose.
    (e) A person applying for accreditation shall have a satisfactory 
record of performance, and shall be in sound financial condition.



Sec. 1919.7   Voluntary amendment or termination of accreditation.

    The accreditation of any person may be voluntarily amended or 
terminated upon written request filed with the Assistant Secretary.



Sec. 1919.8   Suspension or revocation of accreditation.

    The Assistant Secretary may suspend or revoke the accreditation of 
any person for cause. Except in cases of willfulness or cases in which 
the public interest requires otherwise, before any accreditation is 
suspended or revoked, facts or conduct which may warrant such action 
shall be called to the attention of the person involved in writing and 
that person shall be afforded an opportunity to achieve or demonstrate 
appropriate compliance.



Sec. 1919.9   Reconsideration and review.

    (a) Any person aggrieved by the action of the Assistant Secretary or 
his authorized representative in denying, granting, suspending or 
revoking an accreditation under this part may within 15 days after such 
action, (1) file a written request for reconsideration thereof by the 
Assistant Secretary or the authorized representative of the Assistant 
Secretary who made the decision in the first instance, or (2) file a 
written request for review of the decision by the Assistant Secretary or 
an authorized representative of the Assistant Secretary, who has taken 
no part in the action which is the subject for review.
    (b) A request for reconsideration shall be granted where the 
applicant shows that there is additional evidence which may materially 
affect the decision and that there were reasonable grounds for failure 
to adduce such evidence in the original proceedings.
    (c) Any person aggrieved by the action of the Assistant Secretary or 
authorized representative of the Assistant Secretary in denying a 
request for reconsideration may, within 15 days after the denial of such 
request, file with the Assistant Secretary or his authorized 
representative a written request for review.
    (d) Any person aggrieved by the reconsidered determination of the 
Assistant Secretary or authorized representative of the Assistant 
Secretary, may within 15 days after such determination, file with the 
Assistant Secretary a written request for review.
    (e) A request for review shall be granted where reasonable grounds 
for the review are set forth in the request.
    (f) If a request for reconsideration or review is granted, all 
interested persons shall be afforded an opportunity to present their 
views.
    (g) No cargo gear certification function shall be performed by any 
person seeking reconsideration or review under this section pending the 
final decision with respect to such reconsideration or review.



 Subpart C--Duties of Persons Accredited to Certificate Vessels' Cargo 
                                  Gear



Sec. 1919.10   General duties; exemptions.

    (a) Except as noted in Sec. 1919.1 and in paragraph (h) of this 
section, the requirements set forth in subparts D and E of this part 
shall be strictly adhered to in all testing, examinations, inspections, 
and heat treatments.
    (b) Supervision of all testing, examinations, inspections, and heat 
treatments shall be carried out only by such persons as are listed in 
the application for accreditation, or subsequent supplements thereto, 
submitted pursuant to this part.
    (c) The certificates issued by an accredited person shall be signed 
and all register entries made only by an authorized agent of such 
accredited person. No certification shall be issued until any 
deficiencies considered by

[[Page 334]]

the accredited person to constitute a currently unsatisfactory condition 
have been corrected. Replacement parts shall be of equal or better 
quality as original equipment and suitable for the purpose. In the event 
deficiencies remain uncorrected and no certification may therefore be 
issued, the accredited person shall inform the nearest District Office 
of the Administration of the circumstances.
    (d) Dynamometers or other recording test equipment owned by an 
accredited person shall have been tested for accuracy within the six 
months next preceding application for accreditation or renewal of same. 
Such test shall be performed with calibrating equipment which has been 
checked in turn so that indications are traceable to the National Bureau 
of Standards. A copy of test reports shall accompany the application. 
Where test equipment is not the property of the accredited person, that 
person shall not issue any certificate based upon the use of such 
equipment unless its owner has made available a certificate of accuracy 
based on the requirements of this paragraph, obtained within 1 year 
prior to such use and stating the errors of the equipment. Reasonable 
standards of accuracy shall be met and proof loads adjusted as 
necessary.
    (e) An accredited person shall, upon request, provide the nearest 
local office of the Administration with advance information as to 
scheduled testing or of such other functions as are performed and 
facilitate the Administration's observation of any such activities as it 
may desire to witness: Provided, however, That tests need not be 
delayed, except when specifically requested by the Administration under 
unusual circumstances.
    (f) All cargo gear registers or certificates issued by an accredited 
person shall be made on forms prescribed or approved by the 
Administration.
    (g) Unless otherwise instructed by the Assistant Secretary in 
specific instances, any person accredited under Sec. 1919.6(a) shall 
accept certificates, relating to loose gear or wire rope tests or to 
heat treatments which are issued by the manufacturer of the gear 
concerned, by another person accredited specifically by the Assistant 
Secretary for this purpose, or by any other person whose certificates 
are acceptable to the Administration. Such certificates shall either be 
attached as a part of the vessel's certification or shall be used as the 
basis for the issuance of the accredited person's own loose gear, wire 
rope, or heat treatment certificates. In the latter case, the original 
certificates shall be kept on file by the accredited person as part of 
the permanent record of the vessel concerned.
    (h) In case of practical difficulties or unnecessary hardships, the 
Assistant Secretary in his discretion may grant exemptions from any 
provision of subparts C, D, and E of this part.



Sec. 1919.11   Recordkeeping and related procedures concerning records in custody of accredited persons.

    (a) An accredited person shall maintain records of all work 
performed under subparts D and E of this part.
    (b) An accredited person shall maintain a continuous record of the 
status of the certification of each vessel issued a register by such 
person.
    (c) The records required in paragraphs (a) and (b) of this section 
shall be available for examination by the Assistant Secretary.
    (d) When annual or quadrennial tests, inspections, examinations, or 
heat treatments are performed by an accredited person, other than the 
person who originally issued the vessel's register, such accredited 
person shall furnishcopies of any certificates issued and information as 
to register entries to the person originally issuing the register.
    (e) An accredited person shall inform the nearest local office of 
the Administration whenever a vessel is initially certificated under 
these regulations and a register in the prescribed form has been issued.
    (f) A copy of each certificate relating to unit tests or thorough 
examinations, except those issued by the manufacturer and those issued 
by accredited persons outside of the United States, shall be sent to the 
nearest local office of the Administration within 10 days after 
issuance. Such records shall form a part of the Administration's file on 
the accredited person.

[[Page 335]]

    (g) An accredited person shall promptly notify the nearest local 
office of the Administration with respect to any changes in technical 
personnel, in fee schedules in geographical areas in which operations 
are conducted, or other pertinent substantial changes in its 
organization or operations.



Sec. 1919.12   Recordkeeping and related procedures concerning records in custody of the vessel.

    (a) A fully completed and up-to-date register shall be kept in the 
form prescribed or approved by the Administration, giving the 
particulars required with respect to:
    (1) The inspections and thorough examinations required by 
Sec. 1919.15(a) and (b).
    (2) The thorough examinations required by Sec. 1919.15(c).
    (3) The thorough examinations required by Sec. 1919.17.
    (4) The heat treatment required by Sec. 1919.16 (a) and (b), and 
Sec. 1919.19.
    (b) Certificates in the form prescribed or approved by the 
Administration shall be kept up-to-date, be attached to the register, 
and shall contain the particulars required with respect to:
    (1) The testing and examinations required by Secs. 1919.14, 
1919.15(a), and 1919.19.
    (2) The heat treatment required by Secs. 1919.16 and 1919.19.
    (c) The certificates and entries in the register shall be signed by 
a person qualified under Sec. 1919.37.
    (d) Adequate means shall be provided to enable persons examining the 
register, or any certificate attached thereto, to identify items of 
cargo gear referred to therein. Small items of gear, such as shackles, 
shall bear a mark to indicate that they have been initially tested.
    (e) Records shall be kept aboard vessels identifying wire rope or 
articles of loose gear obtained from time to time and required to be 
certificated under the regulations of this part.
    (f) An accredited person shall instruct the vessel's officers, or 
the vessel's operator if the vessel is unmanned, that the vessel's 
register and certificates shall be preserved for at least 4 years after 
the date of the latest entry except in the case of nonrecurring test 
certificates concerning gear which is kept in use for a longer period, 
in which event the pertinent certificates shall be retained so long as 
that gear is continued in use.
    (g) In cases where derricks, spouts, suckers, or cranes are mounted 
permanently aboard barges which remain in domestic inland waters 
service, the certification documentation shall comply with the 
provisions of Sec. 1919.90 of this part.



             Subpart D--Certification of Vessels' Cargo Gear



Sec. 1919.13   General.

    (a) Except as noted in Sec. 1919.1 and as provided in exemptions 
under Sec. 1919.10(h), certification performed by accredited persons 
shall conform to the requirements contained in this subpart.
    (b) Safe working loads assigned to assembled units of gear, shall be 
based on applicable design criteria acceptable to the accredited person. 
Where no design data on which to base a rating is obtainable, the safe 
working load ratings assigned shall be based on the owner's information 
and warranty that those so assigned are correct. Unit test certificates 
shall state the basis for any such safe working load assignment.



Sec. 1919.14   Initial tests of cargo gear and tests after alterations, renewals or repairs.

    (a)(1) Before being taken into use, hoisting machines, fixed gear 
aboard vessels accessory thereto, and loose gear and wire rope used in 
connection therewith shall be tested and examined and the safe working 
load thereof certified in the manner set forth in subpart E of this 
part.
    (2) Replacement or additional loose gear and wire rope obtained from 
time to time shall also be tested and examined in the manner set forth 
in paragraph (a)(1) of this section. However, the replacement of a 
component part of an article of loose gear such as a sheave, pin, or 
bushing does not require a new test certificate as long as the new 
component at least equals in all particulars the part replaced.

[[Page 336]]

    (b) In the case of untested gear which has been in use, an initial 
test in conformance with paragraph (a)(1) of this section shall be 
carried out: Provided, however, That existing standing rigging and wire 
rope will not be required to be tested but shall be thoroughly examined 
to ascertain its fitness for continued use in conformance with the 
requirements of Secs. 1919.24 and 1919.25.
    (c) In the case of important alterations or renewals of the 
machinery and gear and also after repairs due to failure of or damage to 
other than loose components, a test as required in paragraph (a)(1) of 
this section shall be carried out.
    (d) If the operation in which cargo gear is engaged never utilizes 
more than a fraction of the safe working load rating, the owner may, at 
his option, have said gear certificated for, and limited in operation 
to, a lesser maximum safe working load: Provided, however, That the gear 
concerned is physically capable of operation at the original load rating 
and the load reduction is not for the purpose of avoiding correction of 
any deficiency.
    (e) In no case shall safe working loads be increased beyond the 
original design limitations unless such increase is based on engineering 
calculations by or acceptable to the accredited certification agency, 
and all necessary structural changes are carried out.



Sec. 1919.15   Periodic tests, examinations and inspections.

    After being taken into use, every hoisting machine, all fixed gear 
aboard vessels accessory thereto and loose gear used in connection 
therewith shall be tested, thoroughly examined or inspected as follows:
    (a) Derricks with their winches and accessory gear, including the 
attachments, as a unit; and cranes and other hoisting machines with 
their accessory gear, as a unit, shall be tested and thoroughly examined 
every four years in the manner set forth in subpart E of this part.
    (b) Derricks, their permanent attachments and any other fixed gear, 
the dismantling of which is especially difficult, shall be visually 
inspected every twelve months. In order to facilitate such inspection, 
all derricks shall be lowered.
    (c) All hoisting machines (e.g., cranes, winches, blocks, shackles, 
and all other accessory gear) not included in paragraph (b) of this 
section shall be thoroughly examined every 12 months by means of a 
visual examination, supplemented as necessary by other means, such as a 
hammer test or with electronic, ultrasonic, or other nondestructive 
methods, carried out as carefully as conditions permit in order to 
arrive at a reliable conclusion as to the safety of the parts examined. 
Particular attention shall be paid to the suitability for continued use 
of all swivels and the pins and bushings of blocks. If necessary, parts 
of the machines or gear shall be dismantled. If blocks are disassembled, 
all shell bolt nuts shall be securely locked upon reassembly.
    (d) Where a derrick or crane is mounted on a barge hull, and ballast 
tanks within the hull are used to facilitate use of the derrick or 
crane, or uncontrolled free surface may be a factor, each annual 
inspection or examination, as required, shall include such inspection as 
is necessary for the purpose of determining the integrity of any 
internals contributing to stability under conditions of use. The owner 
shall provide the accredited person with necessary information on any 
ballasting arrangements required.
    (e) Annual inspection or examination, as required, shall include, 
among other things, examination of the following:
    (1) Derrick heel attachment points. Heel pins may, if possible, be 
examined by nondestructive examination.
    (2) Shrouds and stays necessary in the use of the gear, together 
with attachment points.
    (3) Deck fittings for the securing of vangs, topping lifts, and/or 
preventers.
    (4) Means of attachment to the hull of ``A'' frame or other fixed 
derrick or crane structure and of mobile types of equipment permanently 
placed aboard the barge or vessel.
    (5) Clamshell buckets or other similar equipment, such as magnets, 
etc., used in conjunction with a derrick or crane mounted aboard a 
vessel, with particular attention to closing line

[[Page 337]]

wires and sheaves. The accredited person may supplement such examination 
by requesting any operational tests he may deem appropriate.
    (6) Winch and other operating drums for excessive wear or defect.



Sec. 1919.16   Heat treatment.

    (a) All chains (other than bridle chains attached to derricks or 
masts), rings, hooks, shackles, and swivels made of wrought iron, which 
are used in hoisting or lowering, shall be annealed in accordance with 
Sec. 1919.36 at the following intervals:
    (1) Half-inch and smaller chains, rings, hooks, shackles and swivels 
in general use, at least once every six months; and
    (2) All other chains, rings, hooks, shackles, and swivels in general 
use, at least once every twelve months.
    (3) In the case of gear used solely on lifting machinery worked by 
hand, twelve months shall be substituted for six months in paragraph 
(a)(1) of this section and two years for twelve months in paragraph 
(a)(2) of this section.
    (4) When used in this paragraph, the term ``in general use'' means 
used on fifty-two or more days in a year. In any case, however, the 
period between annealings shall not exceed two years.
    (b) Chains, rings, hooks, shackles, and swivels made of material 
other than wrought iron or steel shall be heat treated when necessary in 
accordance with Sec. 1919.36(b).



Sec. 1919.17   Exemptions from heat treatment.

    Gear made of steel, or gear which contains (as in ball bearings 
swivels), or is permanently attached to (as with blocks) equipment made 
of materials which cannot be subjected to heat treatment shall be exempt 
from the requirements of Sec. 1919.16. Such gear, however, shall be 
thoroughly examined in the manner described in Sec. 1919.15(c).



Sec. 1919.18   Grace periods.

    Grace periods allowed in connection with the requirements of this 
subpart are as follows:
    (a) Annual or six-month requirements--by the end of the voyage 
during which they become due;
    (b) Quadrennial requirements--within six months after the date when 
due;
    (c) Grace periods shall not be deemed to extend subsequent due 
dates.



Sec. 1919.19   Gear requiring welding.

    Chains or other gear which have been lengthened, altered or repaired 
by welding shall be properly heat treated where necessary, and, before 
again being put into use, shall be tested and reexamined in the manner 
set forth in subpart E of this part.



Sec. 1919.20   Damaged components.

    (a) Pursuant to Sec. 1918.51(b) of this chapter, any derrick or 
associated permanent fitting which is deformed in service between 
surveys shall be subjected to proof test to determine its suitability 
for continued service. If a proof test indicates that the derrick or 
associated permanent fitting may be continued in service without repair, 
a note of the existing deformity shall be made on the test certificate. 
When, in the opinion of the accredited person, it is unsafe to conduct a 
proof test with an existing deformity, the derrick or associated 
permanent fitting shall be replaced or repaired and then subjected to 
proof test in accordance with subpart E of this part.
    (b) Any loose gear components which are injured or deformed by a 
proof load shall be replaced before a certificate is issued.
    (c) Any derrick, other fixed installation, or associated permanent 
fitting which is injured or deformed by a proof load shall be replaced 
or repaired and another proof load test shall be conducted without 
damage before a certificate is issued.



Sec. 1919.21   Marking and posting of safe working loads.

    (a) The safe working load of the assembled gear and the minimum 
angle to the horizontal at which this load may be applied shall be 
plainly marked at the heels of all booms along with the date of the 
test. Where gear is certificated for use in union purchase, the union 
purchase safe working load shall also be plainly marked. Any limitations 
shall be noted in the vessel's papers.

[[Page 338]]

    (b) The safe working load shall be marked on all blocks used in 
hoisting or lowering.
    (c) When the capacity of the boom of a crane or derrick has been or 
will be rated in accordance with the variance of its radius, the maximum 
safe working loads for the various working angles of the boom and the 
maximum and minimum radii at which the boom may be safely used shall be 
conspicuously posted near the controls and visible to the crane 
operator. Ratings may be stated in pounds. When they are stated in tons 
of 2,000 pounds, this fact shall be indicated.



Sec. 1919.22   Requirements governing braking devices and power sources.

    All types of winches and cranes shall be provided with means to stop 
and hold the proof load in any position, and the efficiency of such 
means shall be demonstrated. Electric winches, electrohydraulic winches 
fitted with electromagnetic or hydraulic brakes at the winch, or 
electric cranes shall be equipped so that a failure of the electric 
power shall stop the motion and set the brakes without any action on the 
part of the operator. Current for operation of electric winches and 
cranes during the tests shall be taken from the vessel's circuits. Shore 
current may be used if it passes through the vessel's main switchboard.



Sec. 1919.23   Means of derrick attachment.

    Appropriate measures shall be taken to prevent the foot of a derrick 
from being accidentally lifted from its socket or support during the 
test.



Sec. 1919.24   Limitations on use of wire rope.

    (a) An eye splice made in any wire rope shall have at least three 
tucks with a whole strand of rope and two tucks with one-half of the 
wires cut out of each strand. However, this requirement shall not 
operate to preclude the use of another form of splice or connection 
which can be shown to be as efficient and which is not prohibited by 
part 1918 of this chapter.
    (b) Except for eye splices in the ends of wires, each wire rope used 
in hoisting or lowering, in guying derricks, or as a topping lift, 
preventer or pendant shall consist of one continuous piece without knot 
or splice.
    (c) Eyes in the ends of wire rope cargo falls shall not be formed by 
knots and, in single part falls, shall not be formed by wire rope clips.
    (d) The ends of falls shall be secured to the winch drums by clamps, 
U-bolts, shackles or some other equally strong method. Fiber rope 
fastenings shall not be used.
    (e) Wire rope shall not be used for the vessel's cargo gear if in 
any length of eight diameters, the total number of visible broken wires 
exceeds 10 percent of the total number of wires, or if the rope shows 
other signs of excessive wear, corrosion, or defect. Particular 
attention shall be given to the condition of those sections of wire rope 
adjacent to any terminal connections, those sections exposed to abnormal 
wear, and those sections not normally exposed for examination.



Sec. 1919.25   Limitations on use of chains.

    Chains forming a part of vessel's cargo gear shall not be used when, 
due to stretch, the increase of length of a measured section exceeds 
five percent, when a link is damaged, or when other external defects are 
evident. Chains shall not be shortened by bolting, wiring, or knotting.



    Subpart E--Certification of Vessels: Tests and Proof Loads; Heat 
                      Treatment; Competent Persons



Sec. 1919.26   Visual inspection before tests.

    Before any test under this Subpart E is carried out, a visual 
inspection of the gear involved shall be conducted and any visibly 
defective gear shall be replaced or repaired. The provisions of 
Sec. 1919.15(d) shall be adhered to.



Sec. 1919.27   Unit proof tests--winches, derricks and gear accessory thereto.

    (a) Winches, with the whole of the gear accessory thereto (including 
derricks, goosenecks, eye plates, eye bolts, or other attachments), 
shall be tested with a proof load which shall exceed the safe working 
load as follows:

[[Page 339]]



------------------------------------------------------------------------
            Safe working load                        Proof load         
------------------------------------------------------------------------
Up to 20 tons............................  25 percent in excess.        
20-50 tons...............................  5 tons in excess.            
Over 50 tons.............................  10 percent in excess.        
------------------------------------------------------------------------

    (b) The proof load shall be lifted with the vessel's normal tackle 
with the derrick at an angle not more than 15 degrees to the horizontal, 
or, at the designed minimum angle when this is greater, or, when this is 
impracticable, at the lowest practicable angle. The angle at which the 
test was made shall be stated in the certificate of test. After the 
proof load has been lifted, it shall be swung as far as possible in both 
directions. In applying the proof load, the design factors of the gear 
concerned will determine whether the load is applied with a single part 
fall or with a purchase and the certificate of test shall state the 
means used. Where winches are fitted with mechanical brakes for manual 
operation they shall be demonstrated to be in satisfactory operating 
condition.
    (c) In the case of heavy lift derrick barges, proof loads shall be 
applied, except as limited by design and stability considerations, at 
the maximum and minimum radii for which designed, as well as at any 
intermediate radius which the surveyor may deem necessary, and shall be 
swung as far as possible in both directions. Data with respect to each 
proof load applied shall be entered in the test certificate.
    (d) No items of cargo gear furnished by outside sources shall be 
used as a part of the vessel's gear for the purpose of accomplishing the 
proof test.
    (e) All tests prescribed by this section should in general be 
carried out by dead load, except that in the case of quadrennial tests, 
replacements, or renewals, spring or hydraulic balances may be used 
where dead loads are not reasonably available. However, no exception 
shall be allowed in the case of gear on new vessels.
    (f) The test shall not be regarded as satisfactory unless the 
indicator remains constant under the proof load for a period of at least 
5 minutes.
    (g)(1) The safe working load, determined pursuant to the 
requirements of this section, shall be applicable only to a swinging 
derrick. When using two fixed derricks in ``union purchase'' rigs, the 
safe working load should generally be reduced. It is recommended that 
owners obtain union purchase safe working load certification based upon 
design study and analysis by, or acceptable to, a qualified technical 
office of an accredited gear certification agency, with the recognition 
that such determinations are valid only for the conditions contemplated 
in the analysis.
    (2) Where both guys and preventers are fitted, union purchase 
certification shall state whether the guy or the preventer is the 
working strength member, when the guy is for slewing only, and when the 
guy and preventer should share working loads as far as practicable.
    (h) When necessary in the proof testing of heavy derricks, the 
appropriate shrouds and stays shall be rigged.



Sec. 1919.28   Unit proof tests--cranes and gear accessory thereto.

    (a) Except as noted in paragraph (e) of this section, cranes and 
other hoisting machines, together with gear accessory thereto, shall be 
tested with a proof load which shall exceed the safe working load as 
follows:

------------------------------------------------------------------------
            Safe working load                        Proof load         
------------------------------------------------------------------------
Up to 20 tons............................  25 percent in excess.        
20-50 tons...............................  5 tons in excess.            
Over 50 tons.............................  10 percent in excess.        
------------------------------------------------------------------------

    (b) The proof load shall be lifted and swung as far as possible in 
both directions. If the jib or boom of the crane has a variable radius, 
it shall be tested with proof loads, as specified in paragraph (a) of 
this section, at the maximum and minimum radii. In the case of hydraulic 
cranes, when due to the limitation of pressure it is impossible to lift 
a load 25 percent in excess of the safe working load, it will be 
sufficient to lift the greatest possible load.
    (c) Initial proof tests of new cranes shall be made only with a dead 
load as specified in paragraph (b) of this section.
    (d) Initial tests of cranes which have been in service, quadrennial 
tests, or tests associated with replacements or renewals, may be made 
with spring or hydraulic balances where dead loads are not reasonably 
available under the following conditions:

[[Page 340]]

    (1) Tests shall be conducted at maximum, minimum, and intermediate 
radius points, as well as such points in the arc of rotation as meet 
with the approval of the accredited person.
    (2) An additional test shall be conducted with partial load and 
shall include all functions and movements contemplated in the use of the 
crane.
    (e) In cases where shore-type cranes are mounted permanently aboard 
barges, the requirements of this Subpart E with respect to unit proof 
tests and examinations shall not apply and the applicable requirements 
of Subpart H of this part shall be adhered to with respect to unit proof 
tests and examinations.



Sec. 1919.29   Limitations on safe working loads and proof loads.

    The proof loads specified by Secs. 1919.27 and 1919.28 shall be 
adjusted as necessary to meet any pertinent limitations based on 
stability and/or on structural competence at particular radii. Safe 
working loads shall be reduced accordingly.



Sec. 1919.30   Examinations subsequent to unit tests.

    (a) After satisfactory completion of the unit proof load tests 
required by Secs. 1919.27 and 1919.28, the cargo gear and all component 
parts thereof shall be given a thorough visual examination, supplemented 
as necessary by other means, such as a hammer test or with electronic, 
ultrasonic, or other nondestructive methods, to determine if any of the 
parts were damaged, deformed, or otherwise rendered unsafe for further 
use.
    (b) When the test of gear referred to in paragraph (a) of this 
section is being conducted for the first time on a vessel, accessory 
gear shall be dismantled or disassembled for examination after the test. 
The sheaves and pins of the blocks included in this test need not be 
removed unless there is evidence of deformation or failure.
    (c) For subsequent tests such parts of the gear shall be dismantled 
or disassembled after the test as necessary to determine their 
suitability for continued service.
    (d) When blocks are disassembled all shell bolt nuts shall be 
securely locked upon reassembly.
    (e) In carrying out the requirements of this section, replacement 
shall be required of:
    (1) Any swivel found to have excessive tolerance as a result of wear 
on any bearing surface.
    (2) Pins of blocks found to be shouldered, notched, or grooved from 
wear, in which case, in addition to replacing the pin, sheave bushings 
shall be examined for suitability for continued use.



Sec. 1919.31   Proof tests--loose gear.

    (a) Chains, rings, shackles and other loose gear (whether accessory 
to a machine or not) shall be tested with a proof load against the 
article equal to that shown in the following table:

------------------------------------------------------------------------
              Article of gear                        Proof load         
------------------------------------------------------------------------
Chain, ring, hook, shackle or swivel......  100 percent in excess of the
                                             safe working load.         
Blocks:                                                                 
  Single sheave block.....................  300 percent in excess of the
                                             safe working load.\1\      
  Multiple sheave block with safe working   100 percent in excess of the
   load up to and including 20 tons.         safe working load.         
  Multiple sheave block with safe working   20 tons in excess of the    
   load over 20 tons up to and including     safe working load.         
   40 tons.                                                             
  Multiple sheave block with safe working   50 percent in excess of the 
   load over 40 tons.                        safe working load.         
  Pitched chains used with hand-operated    50 percent in excess of the 
   blocks and rings, hooks, shackles or      safe working load.         
   swivels permanently attached thereto.                                
  Hand-operated blocks used with pitched    50 percent in excess of the 
   chains and rings, hooks, shackles or      safe working load.         
   swivels permanently attached thereto.                                
------------------------------------------------------------------------
\1\The proof load applied to the block is equivalent to twice the       
  maximum resultant load on the eye of pin of the block when lifting the
  nominal safe working load defined in (i) below. The proof load is,    
  therefore, equal to four times the safe working load as defined in (i)
  below or twice the safe working load as defined in (ii) below.        
(i) The nominal safe working load of a single-sheave block should be the
  maximum load which can be safely lifted by the block when the load is 
  attached to a rope which passes around the sheave of the block.       
(ii) In the case of a single-sheave block where the load is attached    
  directly to the block instead of to a rope passing around the sheave, 
  it is permissible to lift a load equal to twice the nominal safe      
  working load of the block as defined in (i) above.                    
(iii) In the case of a lead block so situated that an acute angle cannot
  be formed by the two parts of the rope passing over it (i.e., the     
  angle is always 90 deg. or more), the block need not have a greater   
  nominal safe working load than one-half the maximum resultant load    
  which can be placed upon it.                                          


[[Page 341]]

    (b) In cases where persons accredited to carry out loose gear tests 
may be retained to conduct tests of special stevedoring gear as 
described in Sec. 1918.61(b) of this chapter, which does not form part 
of a vessel's equipment, such tests shall adhere to the requirements set 
forth in Sec. 1918.61(b) (1), (2), and (3) of this chapter.
    (c) After being tested as required by paragraph (a) of this section, 
and before being taken into use, all chains, rings, hooks, shackles, 
blocks or other loose gear, except as noted in Sec. 1919.32, shall be 
thoroughly examined, the sheaves and pins of the blocks being removed 
for this purpose, to determine whether any part has been injured or 
permanently deformed by the test. Shell bolt nuts shall be securely 
locked upon reassembly. Defective loose gear components shall be 
replaced before the certificate is issued.
    (d) Any certificate relating to shackles, swivels or strength 
members of single-sheave blocks which have been restored to original 
dimensions by welding shall state this fact.



Sec. 1919.32   Specially designed blocks and components.

    (a) Blocks and connecting components of an unusual nature which are 
specially designed and constructed as an integral part of a particular 
lifting unit and are either permanently affixed or of such design that 
two or more components must be tested together need not be considered as 
loose gear for purposes of Sec. 1919.31.
    (b) In lieu of the loose gear proof test required by 
Sec. 1919.31(a), design data shall be submitted to an accredited 
certification agency indicating design and material specifications and 
analysis whereby the designed strength of such gear may be determined.
    (c) Subsequent to the test of the lifting unit as a whole, a 
thorough visual examination shall be made of disassembled parts and an 
electronic, ultrasonic, or other equally efficient nondestructive 
examination shall be made of those parts not dismantled to ensure the 
safe condition of such parts.



Sec. 1919.33   Proof tests--wire rope.

    Wire rope, except as provided in Sec. 1919.14(b), shall be tested by 
sample, a piece being tested to destruction, and the safe working load 
of running ropes, unless otherwise acceptable to the Administration on 
the basis of design, shall not exceed one-fifth of the breaking load of 
the sample tested. In the case of running ropes used in gear with a safe 
working load exceeding 10 tons, the safe working load shall not exceed 
one-fourth of the breaking load of the sample tested.



Sec. 1919.34   Proof tests after repairs or alterations.

    When proof loads are applied after repairs or alterations, all parts 
of the assembled gear shall be examined as required in Secs. 1919.30, 
1919.31(c), or 1919.32(c), whichever is applicable.



Sec. 1919.35   Order of tests.

    When both unit and loose gear proof load tests are required, the 
loose gear test may be carried out after completion of the unit test.



Sec. 1919.36   Heat treatment.

    (a) The annealing of wrought iron gear required by this part shall 
be accomplished at a temperature between 1100 deg. and 1200 deg. F. and 
the exposure shall be of between 30 and 60 minutes duration. After being 
annealed, the gear shall be allowed to cool slowly and shall then be 
carefully inspected. All annealing shall be carried out in a closed 
furnace.
    (b) When heat treatment of loose gear made of other than wrought 
iron or steel is recommended by the manufacturer, it shall be carried 
out in accordance with the specifications of the manufacturer.



Sec. 1919.37   Competent persons.

    All gear certification functions shall be performed by competent 
persons as set forth in the following table:

------------------------------------------------------------------------
             Functions                        Competent person          
------------------------------------------------------------------------
Any testing, examination,           Responsible individual, surveyor or 
 inspection, or heat treatment       other authorized agent of a person 
 required in United States ports.    accredited by the Administration   
                                     under the regulations contained in 
                                     this part.                         

[[Page 342]]

                                                                        
Any testing, examination,           Responsible individual, surveyor or 
 inspection, or heat treatment       other authorized agent of persons  
 required while the vessel is in     recognized by the Commandant of the
 other than United States ports.     United States Coast Guard or by a  
                                     foreign nation whose certification 
                                     is accepted by the Administration  
                                     as being in substantial accordance 
                                     with Sec.  1918.12(a) of this      
                                     chapter.                           
Testing, examination and            Employees or authorized agents of   
 inspection of loose gear or wire    persons accredited specifically by 
 rope; heat treatment of loose       the Administration for this purpose
 gear.                               under the regulations contained in 
                                     this part, or the manufacturer of  
                                     the gear concerned unless          
                                     disapproved by the Assistant       
                                     Secretary.                         
------------------------------------------------------------------------



      Subpart F--Accreditation to Certificate Shore-Based Equipment



Sec. 1919.50   Eligibility for accreditation to certificate shore-based material handling devices covered by Sec. 1918.13 of the safety and health regulations 
          for longshoring.

    (a) A person applying for accreditation to carry out certification 
activities and to issue and maintain the requisite records must be:
    (1) A manufacturer of cranes or derricks or of specialized equipment 
of the type for which accreditation application is made, or a person or 
organization representing such a manufacturer in a technical capacity; 
or
    (2) Technically experienced and qualified to carry out examinations 
and/or testing, as applicable, of vessels or shore-based equipment or 
gear of the type for which accreditation application is made.
    (b) The owner of shore-based equipment affected may designate a 
member of his organization to carry out certification functions 
respecting the owner's equipment, on the following conditions:
    (1) The designee is technically experienced and qualified in the 
inspection and maintenance or design of the type of equipment involved, 
aside from employment as an operator only.
    (2) The designee has applied to an accredited, nationally operating 
certification agency and has been granted appointment or equivalent 
recognition by that agency as a surveyor for the purpose intended.
    (3) Certification activities carried out by the designee are cleared 
through the offices, and are subject to the approval, of the accredited 
certificating agency. When equipment is found satisfactory for use upon 
any survey, said equipment may be used pending receipt of notification 
of such approval or any disapproval.
    (4) In cases where equipment is certificated by a person designated 
by the equipment owner, the cognizant accredited certification agency 
retains the right to inspect such equipment as desired and convenient in 
order to ascertain the adequacy of the certification activity performed.
    (c) Accreditation to conduct such nondestructive examination as may 
be a part of any certification activity may be granted to applicants 
found competent and equipped to carry out this activity.
    (d) Unless exemptions are granted at the discretion of the Assistant 
Secretary in cases of practical difficulties or unnecessary hardship, 
applicants for accreditation as specified in this section shall be 
prepared to carry out all necessary functions, except that any requisite 
wire rope tests, nondestructive examinations, and heat treatments may be 
carried out by the manufacturer of the gear concerned or by another 
person accredited specifically for these purposes.
    (e) A person applying for accreditation shall have a satisfactory 
record of relevant experience and performance, and shall be in sound 
financial condition.



Sec. 1919.51   Provisions respecting application for accreditation, action upon the application, and related matters.

    The provisions of Secs. 1919.3, 1919.4, 1919.5, 1919.7, 1919.8, and 
1919.9 shall govern accreditation to certificate

[[Page 343]]

shore-based material handling devices to the extent applicable.

(Section 1919.51 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0003)

[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]



   Subpart G--Duties of Persons Accredited to Certificate Shore-Based 
                        Material Handling Devices



Sec. 1919.60   General duties, exemptions.

    (a) The requirements of subpart H of this part shall be strictly 
observed: Provided, however, That in cases of practical difficulties or 
unnecessary hardship, the Assistant Secretary in his discretion may 
grant exemptions or variations from any provision in that subpart.
    (b) Except as otherwise noted in this part, all functions required 
by subpart H of this part shall be carried out by or under the 
supervision of a person accredited for the purpose or by his authorized 
representative.
    (c) All required unit proof load tests shall be carried out by the 
use of weights as a dead load. Only where this is not possible may 
dynamometers or other recording test equipment be used. Any such 
recording test equipment owned by an accredited person shall have been 
tested for accuracy within the 6 months next preceding application for 
accreditation or renewal thereof. Such test shall be performed with 
calibrating equipment which has been checked in turn so that indications 
are traceable to the National Bureau of Standards. A copy of test 
reports shall accompany the accreditation application. Where test 
equipment is not the property of the accredited person, that person 
shall not issue any certificate based upon the use of such equipment 
unless its owner has made available a certificate of accuracy based on 
the requirements of this paragraph obtained within the year prior to 
such use, and stating the errors of the equipment. In any event, 
reasonable standards of accuracy shall be met and proof loads adjusted 
as necessary.
    (d) The qualifications of any person appointed or recognized by any 
accredited person for the purpose of carrying out certification 
functions shall meet with the approval of the Assistant Secretary.
    (e) Sections 1919.10(e) and (g) and 1919.11 shall govern, to the 
extent applicable, persons accredited under subpart F of this part.



    Subpart H--Certification of Shore-Based Material Handling Devices



Sec. 1919.70   General provisions.

    (a) Certification of shore-based material handling devices shall 
conform to the requirements contained in this subpart, except in cases 
for which exemptions or variations have been granted by the Assistant 
Secretary as provided in Secs. 1919.50(d) and 1919.60(a).
    (b) Any replacements or repairs deemed necessary by the accredited 
person shall be carried out before application of a proof test.
    (c) Ton in this subpart means a ton of 2,000 pounds.
    (d) When applied to shore-based material handling devices, ratings 
may be stated in pounds rather than tons. When stated in tons of 2,000 
pounds, this fact shall be indicated.



Sec. 1919.71   Unit proof test and examination of cranes.

    (a) Unit proof tests of cranes shall be carried out at the following 
times:
    (1) In the cases of new cranes, before initial use and every 4 years 
thereafter.
    (2) In the cases of uncertificated cranes which have been in use, at 
the time of initial certification and every 4 years thereafter.
    (3) After important alterations and renewals and after repairs due 
to failure of, or damage to major components.
    (b) Unit proof load tests of cranes shall be carried out where 
applicable with the boom in the least stable direction relative to the 
mounting, based on the manufacturer's specifications.
    (c) Unit proof load tests shall be based on the manufacturer's load 
ratings for the conditions of use and shall, except in the case of 
bridge type cranes

[[Page 344]]

utilizing a trolley, consist of application of a proof load of 10 
percent in excess of the load ratings at maximum and minimum radii, and 
at such intermediate radii as the certificating authority may deem 
necessary in the circumstances.1 Trolley equipped cranes 
shall be subject to a proof load of 25 percent in excess of the 
manufacturer's load rating. In cases of foreign manufacture, the 
manufacturer's specifications shall be subject to approval by the 
certificating authority as being equivalent to U.S. practice. The weight 
of all auxiliary handling devices such as, but not limited to, magnets, 
hooks, slings, and clamshell buckets, shall be considered part of the 
load.
---------------------------------------------------------------------------

    1The manufacturer's load ratings are usually based upon 
percentage of tipping loads under some conditions and upon limitations 
of structural competence at others, as well as on other criteria such as 
type of crane mounting, whether or not outriggers are used, etc. Some 
cranes utilizing a trolley may have only one load rating assigned and 
applicable at any outreach. It is important that the manufacturer's 
ratings be used.
---------------------------------------------------------------------------

    (d) An examination shall be carried out in conjunction with each 
unit proof load test. The accredited person, or his authorized 
representative, shall make a determination as to correction of 
deficiencies found. The examination shall cover the following points as 
applicable:
    (1) All functional operating mechanisms shall be examined for 
improper function, maladjustment, and excessive component wear, with 
particular attention to sheaves, pins, and drums. The examination shall 
include operation with partial load, in which all functions and 
movements, including, where applicable, maximum possible rotation in 
both directions, are performed.
    (2) All safety devices shall be examined for malfunction.
    (3) Lines, tanks, valves, drains, pumps, and other parts of air or 
hydraulic systems shall be examined for deterioration or leakage.
    (4) Loose gear components, such as hooks, including wire rope and 
wire rope terminals and connections, shall be checked with particular 
attention to sections of wire rope exposed to abnormal wear and to 
sections not normally exposed for examination. The provisions of 
Sec. 1919.24 shall apply in wire rope examinations. Cracked or deformed 
hooks shall be discarded and not reused on any equipment subject to the 
provisions of part 1918 of this chapter and this part 1919.
    (5) Rope reeving shall comply with manufacturer's recommendations.
    (6) Deformed, cracked, or excessively corroded members in crane 
structure and boom shall be repaired or replaced as necessary.
    (7) Loose bolts, rivets, or other connections shall be corrected.
    (8) Worn, cracked, or distorted parts affecting safe operation shall 
be corrected.
    (9) Brake and clutch system parts, linings, pawls, and ratchets 
shall be examined for excessive wear and free operation.
    (10) Load, boom angle, or other indicators shall be checked over 
their full range for any significant inaccuracy. A boom angle or radius 
indicator shall be fitted.
    (11) It shall be ascertained that there is a durable rating chart 
visible to the operator, covering the complete range of the 
manufacturer's capacity ratings at all operating radii, for all 
permissible boom lengths and jib lengths, with alternate ratings for 
optional equipment affecting such ratings. Necessary precautions or 
warnings shall be included. Operating controls shall be marked or an 
explanation of controls shall be posted at the operator's position to 
indicate function.
    (12) Where used, clamshell buckets or other similar equipment such 
as magnets, etc., shall be carefully examined in all respects, with 
particular attention to closing line wires and sheaves. The accredited 
person may supplement such examination by requesting any operational 
tests as may be appropriate.
    (13) Careful examination of the junction areas of removable boom 
sections, particularly for proper seating, cracks, deformities, or other 
defects in securing bolts and in the vicinity of such bolts.
    (14) It shall be ascertained that no counterweights in excess of the 
manufacturer's specifications are fitted.
    (15) Such other examination or supplemental functional tests shall 
be

[[Page 345]]

made as may be deemed necessary by the accredited person under the 
circumstances.



Sec. 1919.72   Annual examination of cranes.

    (a) In any year in which no quadrennial unit proof test is required, 
an examination shall be carried out by an accredited person or his 
authorized representative. Such examination shall be made not later than 
the anniversary date of the quadrennial certification and shall conform 
with the requirements of Sec. 1919.71(d).



Sec. 1919.73   Unit proof test and examination of derricks.

    (a) Unit proof tests of derricks shall be carried out at the same 
times as are specified in Sec. 1919.71(a) for cranes.
    (b) Unit proof load tests and safe working load ratings shall be 
based on the design load ratings at the ranges of boom angles or 
operating radii. Unit proof loads shall exceed the safe working load as 
follows:

------------------------------------------------------------------------
            Safe working load                        Proof Load         
------------------------------------------------------------------------
Up to 20 tons............................  25 percent in excess.        
20-50 tons...............................  5 tons in excess.            
Over 50 tons.............................  10 percent in excess.        
------------------------------------------------------------------------

Proof loads shall be applied at the designed maximum and minimum boom 
angles or radii, or, if this is impracticable, as close to these as 
practicable. The angles or radii of test shall be stated in the 
certificate of test. Proof loads shall be swung as far as possible in 
both directions. The weight of all auxiliary handling devices shall be 
considered a part of the load.
    (c) After satisfactory completion of a unit proof load test, the 
derrick and all component parts thereof shall be carefully examined in 
accordance with the requirements of Sec. 1919.71(d), as far as 
applicable.



Sec. 1919.74   Annual examination of derricks.

    (a) In any year in which no quadrennial unit proof test is required, 
an examination shall be carried out by an accredited person or his 
authorized representative. Such annual examination shall be made not 
later than the anniversary date of the quadrennial certification and 
shall conform in all applicable respect with Sec. 1919.71(d).



Sec. 1919.75   Determination of crane or derrick safe working loads and limitations in absence of manufacturer's data.

    (a) In the event neither manufacturer's data nor design data on safe 
working loads (including any applicable limitations) are obtainable, the 
safe working load ratings assigned shall be based on the owner's 
information and warranty that those so assigned are correct. Unit test 
certificates shall state the basis for any such safe working load 
assignment.



Sec. 1919.76   Safe working load reduction.

    (a) If the operation in which equipment is engaged never utilizes 
more than a fraction of the safe working load rating, the owner of such 
equipment may, at his option, have the crane or derrick certificated for 
and operated at a lesser maximum safe working load in keeping with the 
use and based on radius and other pertinent factors: Provided, however, 
That the equipment concerned is physically capable of operation at the 
original load rating and the load reduction is not for the purpose of 
avoiding correction of any deficiency.



Sec. 1919.77   Safe working load increase.

    (a) In no case shall safe working loads be increased beyond the 
manufacturer's ratings or original design limitations unless such 
increase meets with the manufacturer's approval. Where the 
manufacturer's services are not available, or where the equipment is of 
foreign manufacture, engineering design analysis by, or acceptable to, 
the accredited certification agency is required. All necessary 
structural changes shall be carried out.



Sec. 1919.78   Nondestructive examinations.

    (a) Wherever it is considered necessary by the accredited person or 
his authorized representative and wherever it is practical and advisable 
to avoid disassembly of equipment, removal of pins, etc., examination of 
structure or parts by electronic, ultrasonic, or other nondestructive 
methods may be

[[Page 346]]

carried out, provided that the procedure followed is acceptable to the 
Assistant Secretary and the person carrying out such examination is 
accredited or acceptable to the Assistant Secretary for the purpose.



Sec. 1919.79   Wire rope.

    (a) Wire rope and replacement wire rope shall be of the same size, 
same or better grade, and same construction as originally furnished by 
the equipment manufacturer or contemplated in the design, unless 
otherwise recommended by the equipment or the wire rope manufacturer due 
to actual working condition requirements. In the absence of specific 
requirements as noted, wire rope shall be of a size and construction 
suitable for the purpose, and a safety factor of 4 shall be adhered to, 
and verified by wire rope test certificate.
    (b) Wire rope in use on equipment previously constructed and prior 
to initial certification of said equipment shall not be required to be 
tested, but shall be subject to thorough examination at the time of 
initial certification of the equipment.



Sec. 1919.80   Heat treatment.

    (a) Wherever heat treatment of any loose gear is recommended by the 
manufacturer, it shall be carried out in accordance with the 
specifications of the manufacturer.



Sec. 1919.81   Examination of bulk cargo loading or discharging spouts or suckers.

    (a) Those portions of bulk cargo loading or discharging spouts or 
suckers which extend over vessels, together with any portable 
extensions, rigging components, outriggers, and attachment points 
supporting them or any of their components vertically, shall be examined 
annually. The examination shall be carried out with particular attention 
to the condition of wire rope and accessories. The equipment shall not 
be considered satisfactory unless, in the opinion of the accredited 
person or his authorized representative, it is deemed fit to serve its 
intended function.



Sec. 1919.90   Documentation.

    (a) Documents issued respecting a certification function by an 
accredited person shall be on forms approved for such use by the 
Assistant Secretary and shall so state.
    (b) Such documents shall be issued by the accredited person to the 
owners of affected equipment, attesting to satisfactory compliance with 
applicable requirements. The forms used shall contain the following 
information:
    (1) Unit proof tests where required--
    (i) Identification of crane or derrick including manufacturer, model 
number, serial number, and ownership.
    (ii) Basis for assignment of safe worksigned (i.e., whether based on 
manufacturing load ratings, with the ratings asturer's ratings, whether 
for any specific service, etc.).
    (iii) Proof test details noting radii and proof loads, how applied, 
and, where applicable, direction relative to mounting.
    (iv) A statement that the test and associated examination were 
conducted and all applicable requirements of this subpart are met.
    (v) Any necessary remarks or supplementary data, including 
limitations imposed and the reason thereof.
    (vi) Name of accredited person and identification of authorized 
representative actually conducting test and/or examination.
    (vii) Authorized signature of accredited person; date and place of 
test and/or examination.
    (2) Annual examination of cranes or derricks--
    (i) Information specified in paragraphs (b)(1) (i), (v), (vi), and 
(vii) of this section.
    (ii) A statement that the required examination has been carried out 
and that, in the opinion of the accredited person or his authorized 
representative, the equipment has been found in compliance in all 
applicable respects with the requirements of this subpart.
    (3) Annual examination of bulk cargo loading or discharging spouts 
or suckers--
    (i) Specific identification of equipment.
    (ii) A statement that examination has been completed and that, in 
the opinion of the accredited person or his

[[Page 347]]

authorized representative, the equipment meets the criteria of 
Sec. 1919.81(a).
    (iii) Information specified in paragraphs (b)(1) (v), (vi), and 
(vii) of this section.
    (c) Certificates relating to wire rope, whether tested by or under 
the supervision of the accredited person or by its manufacturer and 
whether or not issued on the basis of the manufacturer's certificates, 
shall follow the general format of a wire rope test form approved by the 
Administration.
    (d) Accredited persons shall advise owners of affected equipment of 
the necessity for maintaining required documentation or acceptable 
copies thereof available for inspection at or near the worksite of the 
equipment involved.
    (1) Where initial and periodic tests as well as annual examinations 
are required, documentation available for inspection shall include the 
latest unit test certificate and any subsequent annual examination 
certificates, together with wire rope test certificates relating to any 
replacements since the last unit test or annual examination.
    (2) Where only annual examination is required, documentation 
available for inspection shall include the latest annual examination 
certificate and wire rope test certificates relating to any wire 
replaced since the last annual examination.
    (3) In the event that the heat treatment of any loose gear is 
recommended by its manufacturer, the latest heat treatment certificate, 
attesting to compliance with the manufacturer's specifications, shall be 
part of the available documentation.
    (e) No certification shall be issued until any deficiencies 
considered by the accredited person to constitute a currently 
unsatisfactory condition have been corrected. Replacement parts shall be 
of equal or better quality than original equipment and suitable for the 
purpose. In the event deficiencies remain uncorrected and no 
certification therefore is issued, the accredited person shall inform 
the nearest district office of the Administration of the circumstances.

(Section 1919.90 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB Control No. 
1218-0003)

[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]
    Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Department of Labor.

            Subject Index for 29 CFR 1919--Gear Certification           
------------------------------------------------------------------------
               Subject term                          Section No.        
------------------------------------------------------------------------
Accreditation:                                                          
  Action..................................  .4                          
  Application.............................  .3                          
  Criteria................................  .6                          
  Duration................................  .5                          
  Reconsideration.........................  .9                          
  Renewal.................................  .5                          
  Revocation..............................  .8                          
  Shore-Based Equipment...................  .50, .51                    
  Termination.............................  .7                          
Accredited Persons: (see Competent                                      
 Persons).                                                              
  Approval................................  .60(d)                      
  Certificate Issuance....................  .10(c)                      
  Duties..................................  .10                         
  Eligibility.............................  .50(a)                      
  Recordkeeping...........................  .11, .12(f)                 
  Test Supervision........................  .10(b)                      
Annual Examinations: (see Examinations).                                
Assistant Secretary.......................  .2(d)                       
Blocks:                                                                 
  Examinations............................  .30(d), (e); .32(c)         
  Testing.................................  .32(a)                      
Braking Devices:                                                        
  Cargo Gear..............................  .22                         
  Certification...........................  .22                         
Bulk Cargo, Examinations..................  .81                         
Bulk Cargo Spouts: (see Spouts, Bulk                                    
 Cargo).                                                                
Bulk Cargo Suckers: (see Suckers, Bulk                                  
 Cargo).                                                                
Cargo Gear:                                                             
  Braking Devices.........................  .22                         
  Chains..................................  .25                         
  Damaged Components......................  .20                         
  Definition..............................  .2(b)                       
  Derrick Attachment......................  .23                         
  Grace Periods...........................  .18                         
  Heat Treatment..........................  .16, .17                    
  Power Sources...........................  .22                         
  Ropes, Wire.............................  .24                         

[[Page 348]]

                                                                        
  Safe Working Loads......................  .13(b), .21                 
  Testing.................................  .14, .15                    
  Welding.................................  .19                         
Certificate Issuance, Accredited Persons..  .10(c)                      
Certification: (see Gear Certification).                                
  Shore-Based Materials Handling Devices..  .70(a)                      
Chains, Limitations.......................  .25                         
Competent Persons: (see Accredited                                      
 Persons).                                                              
  Definition..............................  .2(g)                       
  Gear Certification......................  .37                         
Cranes:                                                                 
  Definition..............................  .2(c)(2)                    
  Examinations............................  .71(d), .72, .90(b)(2)      
  Safe Working Loads......................  .75, .76(a), .77(a)         
  Unit Proof Tests........................  .71                         
Definitions:                                                            
  Administration..........................  .2(e)                       
  Assistant Secretary.....................  .2(d)                       
  Bulk Cargo Spouts.......................  .2(c)(3)                    
  Bulk Cargo Suckers......................  .2(c)(4)                    
  Cargo Gear..............................  .2(b)                       
  Competent Persons.......................  .2(g)                       
  Cranes..................................  .2(c)(2)                    
  Derricks................................  .2(c)(1)                    
  Nondestructive Examinations.............  .2(i)                       
  Persons.................................  .2(f)                       
  Ton.....................................  .2(h), .70(2)               
  Vessels.................................  .2(a)                       
Derricks:                                                               
  Attachment..............................  .23                         
  Definition..............................  .2(c)(1)                    
  Examinations............................  .73(c), .74, .90(b)(2)      
  Safe Working Loads......................  .75, .76(a), .77            
  Unit Proof Tests........................  .73                         
Documentation.............................  .90                         
Eligibility, Accredited Persons...........  .50(a)                      
Examinations: (see Testing).                                            
  Blocks..................................  .32(c)                      
  Bulk Cargo Spouts.......................  .81, .90(b)(3)              
  Bulk Cargo Suckers......................  .81, .90(b)(3)              
  Cranes..................................  .71(d), .72                 
  Derricks................................  .73(c), .74                 
  Gear, loose.............................  .31(c)                      
  Nondestructive..........................  .78(a)                      
  Replacement.............................  .30(e)                      
  Ropes, Wire.............................  .79(b)                      
  Subsequent Tests........................  .30(c)                      
  Supervision.............................  .10(b)                      
  Unit Proof Tests........................  .30(a)                      
Exemptions:                                                             
  Heat Treatment..........................  .17                         
  Shore-Based Equipment...................  .50(d)                      
  Shore-Based Materials Handling Devices..  .60(a)                      
Eye Splices, Ropes, Wire..................  .24 (a), (b), (c)           
Forms, Documentation......................  .90(a)                      
Gear Certification:                                                     
  Braking Devices.........................  .22                         
  Chains..................................  .25                         
  Competent Persons.......................  .37                         
  Damaged Components......................  .20                         
  Derrick Attachment......................  .23                         
  Grade Periods...........................  .18                         
  Heat Treatment..........................  .16, .17                    
  Iron Annealing..........................  .36                         
  Power Sources...........................  .22                         
  Ropes, Wire.............................  .24                         
  Safe Working Loads......................  .13(b), .21                 
  Testing.................................  .14, .15                    
  Welding.................................  .19                         
Gear, Loose:                                                            
  Examinations............................  .31(c)                      
  Heat Treatment..........................  .80(a)                      
  Proof Tests.............................  .31                         
Heat Treatment:                                                         
  Cargo Gear..............................  .16                         
  Exemptions..............................  .17                         
  Gear, Loose.............................  .80(a)                      
  Other Than Iron.........................  .16(b), .36(b)              
  Supervision.............................  .10(b)                      
  Wrought Iron............................  .36(a)                      
Inspection:                                                             
  Supervision.............................  .10(b)                      
  Visual..................................  .26                         
Loose Gear: (see Gear, Loose).                                          
Nondestructive Examinations:                                            
  Accredited Persons......................  .78(a)                      
  Definition..............................  .2(i)                       
  Shore-Based Equipment...................  .50(c)                      
Proof Tests:                                                            
  After Repairs...........................  .34                         
  Gear, Loose.............................  .31                         
  Order of................................  .35                         
  Ropes, Wire.............................  .33                         
Recordkeeping:                                                          
  Accredited Persons......................  .11                         
  Vessels.................................  .12                         
Ropes, Wire:                                .79                         
  Cargo Gear..............................  .24(e)                      
  Examinations............................  .79(b)                      
  Limitations.............................  .24                         
  Proof Tests.............................  .33                         
  Safe Working Loads......................  .33                         
Safe Working Loads:                                                     
  Absence of Data.........................  .75(a)                      
  Cargo Gear..............................  .13(b)                      
  Cranes..................................  .75, .76                    
  Derricks................................  .73(b), .75, .76, .77       
  Ratings.................................  .73(b)                      
  Ropes, Wire.............................  .33                         
Shore-based equipment:                                                  
  Accreditation...........................  .50, .51                    
  Certification...........................  .50, .51                    
  Exemptions..............................  .50(d)                      

[[Page 349]]

                                                                        
  Nondestructive Examinations.............  .50(c)                      
Shore-Based Materials Handling Devices:                                 
  Accredited Persons, Duties..............  .60                         
  Certification...........................  .70                         
  Ratings.................................  .70(d)                      
  Ton.....................................  .70(c)                      
  Unit Proof Tests........................  .60(c)                      
Spouts, Bulk Cargo:                                                     
  Definition..............................  .2(c)(3)                    
  Examinations............................  .81, .90(b)(3)              
Suckers, Bulk Cargo:                                                    
  Definition..............................  .2(c)(4)                    
  Examinations............................  .81, .90(b)(3)              
Testing: (see Examinations).                                            
  Initial.................................  .14                         
  Periodic................................  .15                         
  Schedule................................  .10(e)                      
  Supervision.............................  .10(b)                      
Test Equipment, Accredited Persons........  .10(d)                      
Test Schedule, Accredited Persons.........  .10(e)                      
Test Supervision, Accredited Persons......  .10(b)                      
Tests: (see Examinations, Proof Tests,                                  
 Testing, and Unit Proof Tests).                                        
Unit Proof Load Tests: (see Unit Proof                                  
 Tests).                                                                
Unit Proof Tests:                                                       
  Accessory Gear..........................  .28, .30(a)                 
  Cranes..................................  .28; .71 (a), (b); .71(c)   
  Derricks................................  .27; .73(a), (b)            
  Examinations............................  .30(a)                      
  Safe Working Loads......................  .73(b)                      
  Shore-Based Materials Handling Devices..  .60(c)                      
  Winches.................................  .27                         
Vessel Certification:                                                   
  Examinations............................  .30                         
  Heat Treatment..........................  .36                         
  Proof Tests.............................  .31, .33, .34, .35          
  Safe Working Loads......................  .29                         
  Special Gear............................  .32                         
  Unit Proof Tests........................  .27, .28                    
  Visual Inspection.......................  .26                         
Welding, Cargo Gear.......................  .19                         
Winches, Unit Proof Tests.................  .27                         
------------------------------------------------------------------------



PART 1920--PROCEDURE FOR VARIATIONS FROM SAFETY AND HEALTH REGULATIONS UNDER THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--Table of Contents


Sec. 1920.1  Purpose.

1920.2  Variances.

    Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation 
Act (33 U.S.C. 941); sec. 6, Occupational Safety and Health Act of 1970 
(29 U.S.C. 655).



Sec. 1920.1   Purpose.

    This part governs the procedure for the granting of variations from 
the safety and health regulations established pursuant to section 41 of 
the Longshoremen's and Harbor Workers' Compensation Act. The part 
provides the same procedures under this Act as are available for 
considering variances under the Williams-Steiger Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.).

[37 FR 10800, May 31, 1972]



Sec. 1920.2   Variances.

    (a) Variances from standards in Parts 1915 through 1918 of this 
chapter may be granted in the same circumstances in which variances may 
be granted under sections 6(b) (6)(A) or 6(d) of the Williams-Steiger 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655). The 
procedures for the granting of variances from Parts 1915-1918 of this 
chapter are those published in Part 1905 of this chapter.
    (b) Any requests for variances shall also be considered requests for 
variances under the Williams-Steiger Occupational Safety and Health Act 
of 1970, and any variance from Secs. 1910.13 through 1910.16 of this 
chapter which adopt Parts 1915-1918 of this chapter, shall be deemed a 
variance from the standard under both the Longshoremen's and Harbor 
Workers' Compensation Act and the Williams-Steiger Occupational Safety 
and Health Act of 1970.

[37 FR 10800, May 31, 1972]



PART 1921--RULES OF PRACTICE IN ENFORCEMENT PROCEEDINGS UNDER SECTION 41 OF THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--Table of Contents


             Subpart A--Applicability of Rules; Definitions

Sec.
1921.1  Applicability of rules.

[[Page 350]]

1921.2  Definitions.

                    Subpart B--Prehearing Procedures

1921.3  Complaints.
1921.4  Answer.
1921.5  Motions and requests.
1921.6  Intervention.
1921.7  Stipulations of compliance.
1921.8  Consent findings and order.
1921.9  Prehearing conferences.

                 Subpart C--Hearing and Related Matters

1921.10  Appearances.
1921.11  Postponement or change of place of hearing.
1921.12  Hearing.

                      Subpart D--Decision and Order

1921.13  Decision of the hearing examiner.
1921.14  Exceptions.
1921.15  Transmittal of record.
1921.16  Decision and order of the Director.

                        Subpart E--Miscellaneous

1921.17  Service; copies of documents and pleadings.
1921.18  Witnesses and fees.
1921.19  Depositions.
1921.20  Subpoenas.
1921.21  Hearing examiners.
1921.22  Computation of time.

    Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation 
Act (33 U.S.C. 941); 5 U.S.C. 301.

    Source: 27 FR 4165, May 2, 1962, unless otherwise noted. 
Redesignated at 28 FR 7909, Aug. 2, 1963. Further redesignated at 36 FR 
25232, Dec. 31, 1971.



             Subpart A--Applicability of Rules; Definitions



Sec. 1921.1   Applicability of rules.

    This part provides rules of practice for administrative hearings 
relating to the enforcement of section 41 of the Longshoremen's and 
Harbor Workers' Compensation Act and the safety regulations promulgated 
thereunder which are published in parts 1915 and 1918 of this subtitle. 
This part applies only to proceedings held under section 41(b)(5) of the 
Act. It does not apply to any other administrative proceedings held 
under section 41 of the Act.



Sec. 1921.2   Definitions.

    (a) Act means the Longshoremen's and Harbor Workers' Compensation 
Act.
    (b) Chief Hearing Examiner means the Chief Hearing Examiner, United 
States Department of Labor, Washington DC 20210.
    (c) Respondent means the person or organization proceeded against.
    (d) Assistant Secretary means the Assistant Secretary for 
Occupational Safety and Health.



                    Subpart B--Prehearing Procedures



Sec. 1921.3   Complaints.

    (a) Issuance. The Deputy Solicitor of Labor shall institute 
enforcement proceedings by issuing a complaint and causing the complaint 
to be served upon the respondent.
    (b) Contents. The complaint shall contain a clear and concise 
factual statement sufficient to inform the respondent with reasonable 
definiteness of the types of acts or practices alleged to have occurred 
and to violate section 41 of the Act or the provisions of parts 1915 and 
1918 of this subtitle.
    (c) Amendments. At any time prior to the close of the hearing, the 
complaint may be amended in the discretion of the hearing examiner and 
on such terms as he may approve.
    (d) Notice of hearing. The hearing examiner shall notify the parties 
of the time and place for a hearing within 10 days after the service of 
the complaint.



Sec. 1921.4   Answer.

    (a) Filing and service. Within 14 days after the service of the 
complaint, the respondent shall file an answer with the Chief Hearing 
Examiner. The answer shall be signed by the respondent or his attorney.
    (b) Contents; failure to file. The answer shall:
    (1) Contain a statement of the facts which constitute the grounds of 
defense, and shall specifically admit, explain, or deny, each of the 
allegations of the complaint unless the respondent is without knowledge, 
in which case the answer shall so state; or
    (2) State that the respondent admits all of the allegations of the 
complaint. The answer may contain a waiver of hearing.

Failure to file an answer to or plead specifically to any allegation of 
the

[[Page 351]]

complaint shall constitute an admission of such allegation.
    (c) Procedure upon admission of facts. The admission, in the answer 
or by failure to file an answer, of all the material allegations of fact 
contained in the complaint shall constitute a waiver of hearing. Upon 
such admission of facts, the hearing examiner without further hearing 
shall prepare his decision in which he shall adopt as his proposed 
findings of fact the material facts alleged in the complaint. The 
parties shall be given an opportunity to file exceptions to his 
decision, and to file briefs in support of the exceptions.



Sec. 1921.5   Motions and requests.

    Motions or requests shall be filed with the Chief Hearing Examiner, 
except that those made during the course of the hearing shall be filed 
with the hearing examiner or shall be stated orally and made part of the 
transcript. Each motion or request shall state the particular order, 
ruling, or action desired, and the grounds therefor. The hearing 
examiner is authorized to rule upon all motions or requests filed or 
made prior to the filing of his report.



Sec. 1921.6   Intervention.

    At any time after the institution of proceedings and before the 
hearing examiner makes his decision, the hearing examiner may, upon 
petition in writing and for good cause shown, permit any interested 
person, including an employer, employee, labor or trade organization, or 
Federal or State agency, to intervene therein. The petition shall state 
with precision and particularity:
    (a) The petitioner's relationship to the matters involved in the 
proceedings,
    (b) The nature of any material he intends to present in evidence,
    (c) The nature of any argument he intends to make, and
    (d) Any other reason that he should be allowed to intervene.



Sec. 1921.7   Stipulations of compliance.

    At any time prior to the issuance of a complaint in the proceeding, 
the Assistant Solicitor in charge of trial litigation may in his 
discretion, enter into stipulations with the prospective respondent, 
whereby the latter admits the material facts and agrees to discontinue 
the acts or practices which are intended to be set up as violative of 
the Act or parts 1915 and 1918 of this subtitle. Such stipulations shall 
be admissible as evidence of such acts and practices in any subsequent 
proceeding in law or equity or under these regulations against such 
person.



Sec. 1921.8   Consent findings and order.

    (a) General. At any time after the issuance of a complaint and prior 
to the receiption of evidence in any proceeding, the respondent may move 
to defer the receipt of any evidence for a reasonable time to permit 
negotiation of an agreement containing consent findings and an order 
disposing of the whole or any part of the proceeding. The allowance of 
such deferment and the duration thereof shall be in the discretion of 
the hearing examiner, after consideration of the nature of the 
proceeding, the requirements of the public interest, the representations 
of the parties, and the probability of an agreement being reached which 
will result in a just disposition of the issues involved.
    (b) Content. Any agreement containing consent findings and an order 
disposing of a proceeding shall also provide:
    (1) That the order shall have the same force and effect as an order 
made after full hearing;
    (2) That the entire record on which any order may be based shall 
consist solely of the complaint and the agreement;
    (3) A waiver of any further procedural steps before the hearing 
examiner or the Director; and
    (4) A waiver of any right to challenge or contest the validity of 
the findings and order entered into in accordance with the agreement.
    (c) Submission. On or before the expiration of the time granted for 
negotiations, the parties or their counsel may:
    (1) Submit the proposed agreement to the hearing examiner for his 
consideration; or

[[Page 352]]

    (2) Inform the hearing examiner that agreement cannot be reached.
    (d) Disposition. In the event an agreement containing consent 
findings and an order is submitted within the time allowed therefor, the 
hearing examiner within 30 days thereafter shall accept such agreement 
by issuing his decision based upon the agreed findings.



Sec. 1921.9   Prehearing conferences.

    (a) Upon his own motion or the motion of the parties, the hearing 
examiner may direct the parties or their counsel to meet with him for a 
conference to consider:
    (1) Simplification of the issues;
    (2) Necessity or desirability of amendments to pleadings for 
purposes of clarification, simplification, or limitation;
    (3) Stipulations, admissions of fact and of contents and 
authenticity of documents;
    (4) Limitation of the number of expert witnesses; and
    (5) Such other matters as may tend to expedite the disposition of 
the proceeding.
    (b) The record shall show the matters disposed of by order and by 
agreement in such pretrial conferences. The subsequent course of the 
proceeding shall be controlled by such action.



                 Subpart C--Hearing and Related Matters



Sec. 1921.10   Appearances.

    (a) Representation. The parties may appear in person or by counsel. 
The term ``counsel'' means a member in good standing of the bar of a 
Federal Court or of the highest court of any State or Territory of the 
United States.
    (b) Failure to appear. In the event that a party appears at the 
hearing and no party appears for the opposing side, the party who is 
present shall have an election to present his evidence in whole or such 
portion thereof sufficient to make a prima facie case before the hearing 
examiner. Failure to appear at a hearing shall not be deemed to be a 
waiver of the right to be served with a copy of the hearing examiner's 
decision and to file exceptions thereto.



Sec. 1921.11   Postponement or change of place of hearing.

    If in the judgment of the hearing examiner convenience or necessity 
so requires, he may postpone the time or change the place of the 
hearing.



Sec. 1921.12   Hearing.

    (a) Order of proceeding; burden of proof. Except as may be 
determined otherwise by the hearing examiner, counsel supporting the 
complaint shall proceed first at the hearing. The Assistant Solicitor of 
Labor in charge of trial litigation, supporting the complaint, shall 
have the burden of proof. The burden of proof shall be satisfied by a 
preponderance of the evidence.
    (b) Evidence--(1) In general. The testimony of witnesses shall be 
upon oath or affirmation administered by the hearing examiner and shall 
be subject to such cross-examination as may be required for a full and 
true disclosure of the facts. The hearing examiner shall exclude 
evidence which is immaterial, irrelevant, or unduly repetitious.
    (2) Objections. If a party objects to the admission or rejection of 
any evidence or to the limitation of the scope of any examination or 
cross-examination or the failure to limit such scope, he shall state 
briefly the grounds for such objection. Rulings on all objections shall 
appear in the record. Only objections made before the hearing examiner 
may be relied upon subsequently in the proceeding.
    (3) Exceptions. Formal exception to an adverse ruling is not 
required.
    (c) Official notice. Official notice may be taken of any material 
fact not appearing in evidence in the record, which is among the 
traditional matters of judicial notice and also concerning which the 
Department by reason of its functions is presumed to be expert: 
Provided, That the parties shall be given adequate notice, at the 
hearing or by reference in the hearing examiner's decision of the 
matters so noticed, and shall be given adequate opportunity to show the 
contrary.
    (d) Oral argument before the hearing examiner. Oral argument before 
the hearing examiner may be allowed.

[[Page 353]]

However, such argument may be limited by the hearing examiner to any 
extent that he finds necessary for the expeditious disposition of the 
proceeding.
    (e) Transcript. Hearings shall be stenographically reported. Copies 
of the transcript may be obtained by the parties upon written 
application filed with the reporter, and upon the payment of fees at the 
rate provided in the agreement between the Assistant Secretary and the 
reporter.



                      Subpart D--Decision and Order



Sec. 1921.13   Decision of the hearing examiner.

    (a) Filing of transcript of evidence. As soon as practicable after 
the close of the hearing, the reporter shall transmit to the Chief 
Hearing Examiner the copies of the transcript of the testimony and the 
exhibits introduced in evidence at the hearing except such copies of the 
transcript and exhibits as are forwarded to the hearing examiner.
    (b) Proposed findings of fact, conclusions, and orders. Within 10 
days after receipt of notice that the transcript of the testimony has 
been filed or such additional time as the hearing examiner may allow, 
each party may file with the hearing examiner proposed findings of fact, 
conclusions of law, and order, together with a supporting brief 
including the reasons for any proposals. Such proposals shall be served 
upon all parties, and shall contain adequate references to the record 
and authorities relied upon.
    (c) Decision of the hearing examiner. Within a reasonable time after 
the termination of the time allowed for the filing of proposed findings 
of fact, conclusions of law, and orders, or after the date of submission 
of an agreement containing consent findings and order, the hearing 
examiner shall prepare his decision, which shall become the decision of 
the Assistant Secretary 20 days after service thereof unless exceptions 
are filed thereto, as provided in Sec. 1921.14 except in cases dealt 
with in Sec. 1921.8(b). Except in cases under Sec. 1921.8(b) the 
decision of the hearing examiner shall include a statement of:
    (1) Findings and conclusions, with reasons and bases, therefor, upon 
each material issue of fact, law, or discretion presented on the record, 
and
    (2) An appropriate order.

Except in cases under Sec. 1921.8(b), the decision of the hearing 
examiner shall be based upon a consideration of the whole record and 
supported by reliable, probative, and substantial evidence and upon the 
basis of the preponderance of the evidence.



Sec. 1921.14   Exceptions.

    Within 20 days after the date of the decision of the hearing 
examiner, the parties may file exceptions thereto with supporting 
reasons. Any party who desires to take exception to any matter set out 
in that decision shall transmit his exceptions in writing to the Chief 
Hearing Examiner, referring to the specific findings of fact, 
conclusions of law, or order excepted to, and the specific pages of 
transcript relevant to the exceptions, and suggesting corrected findings 
of fact, conclusions of law, or order.



Sec. 1921.15   Transmittal of record.

    Immediately following the period allowed for filing exceptions, the 
hearing examiner shall transmit the record of the proceeding to the 
Assistant Secretary. The record shall include: The pleadings, motions, 
and requests filed, and rulings thereon; the transcript of the testimony 
taken at the hearing, together with the exhibits filed; any documents or 
papers filed in connection with prehearing conferences; such proposed 
findings of fact, conclusions of law, and orders, and supporting 
reasons, as may have been filed in connection with the hearing; the 
hearing examiner's decision; and such exceptions, statements of 
objections, and briefs in support thereof, as may have been filed in the 
proceeding.



Sec. 1921.16   Decision and order of the Director.

    (a) Upon the basis of and after due consideration of the whole 
record, the Assistant Secretary shall render his decision, which shall 
adopt, modify, or set aside the findings, conclusions, and order 
contained in the decision of the hearing examiner, and shall include a 
statement of the reasons or bases for the action taken. With respect to 
the

[[Page 354]]

findings of fact, the Assistant Secretary shall upset only those 
findings that are clearly erroneous. Copies of the decision and order 
shall be served upon the parties.
    (b) When a final order of the Assistant Secretary issued pursuant to 
Sec. 1921.13(c) or paragraph (a) of this section has been in force for 2 
years or more, a party may file with the Assistant Secretary a petition 
for modification or vacation of the order. Such petition must be in 
writing, and must be based upon satisfactory compliance with the order 
during the 24 months immediately preceding the filing thereof and upon 
such changes in conditions and circumstances as to demonstrate, if 
established, that a continuation of the order in full force and effect 
is no longer required to assure satisfactory compliance with the 
regulations under the order. Such changes in conditions and 
circumstances as are relied upon must be expressly set forth together 
with the reasons why petitioner believes relief is justified and the 
precise nature of the relief sought. The petition may be supported by 
affidavits as to matters of fact.
    (c) If, after such investigation as the Assistant Secretary deems 
appropriate, in his judgment sufficient cause has been shown to justify 
the relief requested, he will enter an order granting relief. If in his 
judgment, sufficient cause has not been shown he shall so notify 
petitioner, who may then in writing request a hearing. Upon receipt of 
such request the Assistant Secretary will refer the petition with its 
supporting documents and the request to the Chief Hearing Examiner who 
will assign the matter for a hearing to be held on not less than 10 days 
notice at a time and place to be set by the hearing examiner. The Deputy 
Solicitor of Labor may file a pleading and otherwise appear in 
opposition to the petition. The hearing will be subject to all of the 
provisions of Secs. 1921.9 through 1921.22.

[31 FR 11144, Aug. 23, 1966]



                        Subpart E--Miscellaneous



Sec. 1921.17   Service; copies of documents and pleadings.

    (a) Manner of service. Service upon any party shall be made by the 
party filing the pleading or document by delivering a copy or mailing a 
copy to the last known address. If the person upon whom service is made 
by mail resides 500 miles or more from the party effecting service, such 
mailing must be by airmail. When a party is represented by an attorney 
the service may be upon the attorney.
    (b) Proof of service. A certificate of the person serving the 
pleading or other document by personal delivery or by mailing, setting 
forth the manner of said service shall be proof of the service of the 
pleading or other document.
    (c) Service upon Department, number of copies of pleading or other 
documents. An original and three copies of all pleadings and other 
documents shall be filed with the Department of Labor, whether to the 
Assistant Solicitor in charge of trial litigation, the hearing examiner, 
or the Assistant Secretary, as the case may be.



Sec. 1921.18   Witnesses and fees.

    Witnesses subpoenaed by any party shall be paid the same fees and 
mileage as are paid for like services in the District Courts of the 
United States. The witness fees and mileage shall be paid by the party 
at whose instance the witnesses appear.



Sec. 1921.19   Depositions.

    (a) When, how, and by whom taken. For good cause shown, the 
testimony of any witness may be taken by deposition in any proceeding, 
when a complaint has been filed, whether at issue or not. Depositions 
may be taken orally or upon written interrogatories before any person 
designated by the hearing examiner and having power to administer oaths.
    (b) Application. Any party desiring to take the deposition of a 
witness shall make application in writing to the hearing examiner, 
setting forth the reasons why such deposition should be

[[Page 355]]

taken; the time when, the place where, and the name and post office 
address of the person before whom the deposition is to be taken; the 
name and address of each witness; and the subject matter concerning 
which each witness is expected to testify.
    (c) Notice. Such notice as the hearing examiner shall order shall be 
given for the taking of a deposition, but this shall not be less than 5 
days' written notice when the deposition is to be taken within the 
United States and not less than 15 days' written notice when the 
deposition is to be taken elsewhere.
    (d) Taking and receiving in evidence. Each witness testifying upon 
deposition shall be sworn, and the adverse party shall have the right to 
cross-examine. The questions propounded and the answers thereto, 
together with all objections made, shall be reduced to writing, read to 
the witness, subscribed by him, and certified by the officer. 
Thereafter, the officer shall seal the deposition, with two copies 
thereof, in an envelope and mail the same by registered mail to the 
hearing examiner. Subject to such objections to the questions and 
answers as were noted at the time of taking the deposition and would be 
valid were the witness personally present and testifying, such 
deposition may be read and offered in evidence by the party taking it as 
against any party who was present or represented at the taking of the 
deposition or who had due notice thereof. No part of a deposition shall 
be admitted in evidence unless there is a showing that the reasons for 
the taking of the deposition in the first instance exist at the time of 
hearing.



Sec. 1921.20   Subpoenas.

    All applications for subpoenas ad testificandum and subpoenas duces 
tecum shall be made in writing to the hearing examiner. Application for 
subpoenas duces tecum shall specify as exactly as possible the documents 
to be produced, showing their general relevancy and reasonable scope.



Sec. 1921.21   Hearing examiners.

    (a) Who presides. All hearings shall be presided over by a hearing 
examiner appointed under section 11 of the Administrative Procedure Act.
    (b) How assigned. The presiding hearing examiner shall be designated 
by the Secretary or the Chief Hearing Examiner.
    (c) Powers. Hearing examiners shall have all powers necessary to the 
conduct of fair and impartial hearings, including the following:
    (1) To administer oaths and affirmations;
    (2) To issue subpoenas upon proper applications as provided in 
Sec. 1921.20;
    (3) To rule upon offers of proof and receive relevant evidence;
    (4) To take or cause to be taken depositions and to determine their 
scope;
    (5) To regulate the course of the hearing and the conduct of the 
parties and their counsel therein;
    (6) To hold conferences for the settlement or simplification of the 
issues by consent of the parties;
    (7) To consider and rule upon procedural requests;
    (8) To make and file decisions in conformity with this part.
    (9) To take any action authorized by the rules in this part or in 
conformance with the Administrative Procedure Act.
    (d) Consultation. The hearing examiner shall not consult any person 
or party on any fact in issue unless upon notice and opportunity for all 
parties to participate.
    (e) Disqualification of hearing examiners. (1) When a hearing 
examiner deems himself disqualified to preside in a particular 
proceeding, he shall withdraw therefrom by notice on the record directed 
to the Chief Hearing Examiner.
    (2) Whenever any party shall deem the hearing examiner for any 
reason to be disqualified to preside, or to continue to preside, in a 
particular proceeding, that party shall file with the Chief Hearing 
Examiner a motion to disqualify and remove such hearing examiner, such 
motion to be supported by affidavits setting forth the alleged grounds 
for disqualification. The Chief Hearing Examiner shall rule upon the 
motion.
    (f) Contemptuous conduct; failure or refusal of a witness to appear 
or answer. In the event of contemptuous conduct, including the failure 
or refusal of a witness to appear at any hearing or to answer any 
question which has been ruled

[[Page 356]]

to be proper, the hearing examiner may take any action reasonable under 
41 CFR 50-203.8(l), promulgated under section 5 of the Act of June 30, 
1936 (41 U.S.C. 39).



Sec. 1921.22   Computation of time.

    Sundays and holidays shall be included in computing the time allowed 
for filing any document or paper under this part. When such time expires 
on a Sunday or legal holiday, such period shall be extended to include 
the next following business day.



PART 1922--INVESTIGATIONAL HEARINGS UNDER SECTION 41 OF THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--Table of Contents


Sec. 1922.1  Definitions.

1922.2  Purpose and scope.
1922.3  Composition of the Board.
1922.4  Responsibilities of the Board; voting.
1922.5  Notice of investigational hearings.
1922.6  Investigational hearings.

    Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation 
Act (33 U.S.C. 941); 5 U.S.C. 301.

    Source: 27 FR 4168, May 2, 1962, unless otherwise noted. 
Redesignated at 28 FR 7909, Aug. 2, 1963. Further redesignated at 36 FR 
25232, Dec. 30, 1971.



Sec. 1922.1   Definitions.

    (a) Act means the Longshoremen's and Harbor Workers' Compensation 
Act.
    (b) Board means the Board of Investigation.
    (c) Administration means the Occupational Safety and Health 
Administration.
    (d) Assistant Secretary means the Assistant Secretary for 
Occupational Safety and Health.
    (e) Injury means accidental injury or death arising out of and in 
the course of employment, and such occupational disease or infection as 
arises naturally out of such employment or as naturally or unavoidably 
results from such accidental injury.



Sec. 1922.2   Purpose and scope.

    Whenever any serious injury results from the employments covered by 
the Act or whenever it is otherwise appropriate, the Assistant Secretary 
may appoint a Board of Investigation to hold an investigational hearing 
during the course of any investigation made under section 41 of the Act. 
This part prescribes the manner in which any investigational hearings 
shall be conducted. This part does not apply to any adjudicative 
proceedings held under section 41(b)(5) of the Act.



Sec. 1922.3   Composition of the Board.

    The Board shall be composed of three members appointed by the 
Assistant Secretary, one of whom shall be designated as Chairman. All 
members shall be employees of the United States Department of Labor, and 
shall have experience in the field of maritime safety.



Sec. 1922.4   Responsibilities of the Board; voting.

    (a) Determinations and recommendations. To the extent possible, the 
Board shall determine the facts, conditions, and circumstances relating 
to any injury or condition which is the subject of investigation, the 
probable cause thereof, and shall recommend measures which will provide 
the best means of preventing future injuries or conditions of similar 
character. The determinations and recommendations shall be made after 
hearing such witnesses and receiving such documents and other data 
relating to the subject or subjects of investigation as may be found 
available as a result of preliminary investigation.
    (b) Report. Upon completion of the investigational hearing, the 
Board shall file a report of its investigation with the Assistant 
Secretary. The report shall contain the determinations and 
recommendations required under paragraph (a) of this section. Any member 
may file a separate report in order to express determinations, 
recommendations, or reasons for determinations or recommendations which 
differ from those of a majority of the Board.
    (c) Voting. Actions of the Board, including the determinations and 
recommendations required under paragraph (a) of this section, shall 
require a vote of a majority of its members.

[[Page 357]]



Sec. 1922.5   Notice of investigational hearings.

    The Chairman of the Board shall give reasonable notice of the time 
and place of any investigational hearing to any person whose conduct is 
or may be pertinent to the subjects of investigation; to any prospective 
witnesses; and to any Federal or State agency engaged in similar 
investigative work.



Sec. 1922.6   Investigational hearings.

    The Chairman shall regulate the course of the hearing; dispose of 
procedural requests, objections, and related matters; and confine the 
hearing to the matters for which the Board is responsible. In the 
performance of these duties, the Chairman may be assisted by counsel 
assigned by the Solicitor of Labor. In the discretion of the Board, the 
hearing may be stenographically reported. When the hearing is so 
reported, copies of the transcript may be obtained upon such terms as 
the Chairman may provide.



PART 1924--SAFETY STANDARDS APPLICABLE TO WORKSHOPS AND REHABILITATION FACILITIES ASSISTED BY GRANTS--Table of Contents




    Authority: Secs. 12, 13, Vocational Rehabilitation Act Amendments of 
1965 (29 U.S.C. 41a, 41b).



Sec. 1924.1   Applicable safety standards.

    The safety standards provided in 41 CFR Part 50-204 shall have 
effect to the extent applicable to any workshop or rehabilitation 
facility assisted by a grant pursuant to section 12 or section 13 of the 
Vocational Rehabilitation Act Amendments of 1965, 79 Stat. 1284, 1286.

[32 FR 3052, Feb. 18, 1967. Redesignated at 32 FR 4170, Mar. 17, 1967. 
Further redesignated at 36 FR 25232, Dec. 30, 1971]



PART 1925--SAFETY AND HEALTH STANDARDS FOR FEDERAL SERVICE CONTRACTS--Table of Contents


Sec. 1925.1  Scope and application.

1925.2  Safety and health standards.
1925.3  Records.

    Authority: Service Contracts Act of 1965 (41 U.S.C. 351, et. seq.); 
5 U.S.C. 301.



Sec. 1925.1   Scope and application.

    (a) The McNamara-O'Hara Service Contract Act of 1965 (79 Stat. 1034, 
41 U.S.C. 351, et seq.) requires that every contract entered into by the 
United States or the District of Columbia in excess of $2,500 (except as 
provided in section 7 of the Act), the principal purpose of which is to 
furnish services in the United States through the use of service 
employees, must contain, among other provisions, a stipulation that ``no 
part of the services covered by this Act will be performed in buildings 
or surroundings or under working conditions, provided by or under the 
control or supervision of the contractor or any subcontractor, which are 
unsanitary or hazardous or dangerous to the health or safety of service 
employees engaged to furnish the services.'' This Part 1925 expresses 
certain minimum safety and health standards which will be applied in the 
administration and enforcement of the Act to determine whether services 
covered by the Act are being, or have been, performed in compliance with 
its safety and health requirements.
    (b)(1) Investigators conducting investigations and all officers of 
the Department of Labor evaluating, reviewing and analyzing 
investigations, as well as officers of the Department determining 
whether there are or have been violations of the safety and health 
requirements of the Service Contract Act of 1965 or any contract subject 
thereto and the terms on which there may be a settlement of issues 
arising from an investigation without resort to administrative or 
judicial litigation, will consider a failure to comply with the safety 
and health measures provided in Sec. 1925.2 to result in working 
conditions which are ``unsanitary or hazardous or dangerous to the 
health or safety of service employees'' within the meaning of section 
2(a)(3) of the Act and the contract stipulation it requires.
    (c) [Reserved]
    (d) The standards expressed in this Part 1925 are for application to 
ordinary employment situations, and do not preclude proof or recognition 
of the necessity for additional standards in employment situations of 
extraordinary hazard. Neither do the standards expressed in this Part 
1925 purport

[[Page 358]]

to cover all of the working conditions which are unsanitary or hazardous 
or dangerous to the health or safety of service employees. Other working 
conditions may be found to be unsanitary or hazardous or dangerous to 
the health or safety of such employees on evidence to that effect.
    (e) Compliance with the standards expressed in this Part 1925 will 
not relieve anyone from any obligation he may have to comply with any 
stricter standard, such as state or local law or ordinance or collective 
bargaining agreement.

[32 FR 21036, Dec. 30, 1967, as amended at 36 FR 9866, May 29, 1971. 
Redesignated at 36 FR 25232, Dec. 30, 1971]



Sec. 1925.2   Safety and health standards.

    Every contractor and subcontractor shall comply with the safety and 
health standards published in 41 CFR Part 50-204, including any matters 
incorporated by reference therein.

[36 FR 9866, May 29, 1971. Redesignated at 36 FR 25232, Dec. 30, 1971]



Sec. 1925.3   Records.

    Every contractor or subcontractor shall comply with the 
recordkeeping requirements of 29 CFR Part 1904.

[40 FR 3593, Jan. 23, 1975]
[[Page 359]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 361]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 1997)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


29 CFR CHAPTER XVII (PARTS 1911 TO 1925)

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
  (Copies of the documents listed in this table 
  are available through the Technical Data Center, 
  U.S. Department of Labor, Washington, D.C., and 
  through Regional Offices of the Occupational 
  Safety and Health Administration. For a complete 
  listing of these addresses, see the end of this 
  table.)


PARTS 1915 AND 1918 (MARITIME STANDARDS)
American Conference of Governmental Industrial Hygienists

  P.O. Box 1937, Cincinnati, OH 45201
ACGIH Threshold Limit Values (1970)...............                1915.5


American National Standards Institute

  1430 Broadway, New York, NY 10018
ANSI A14.1-59 Safety Code for Portable Wood                       1915.5
  Ladders.
ANSI A14.2-56 Safety Code for Portable Metal                      1915.5
  Ladders.
ANSI B7.1-64 Safety Code for the Use, Care and                    1915.5
  Protection of Abrasive Wheels.
ANSI Z2.1-59 Safety Code for Head, Eye, and                       1915.5
  Respiratory Protection.
ANSI Z87.1-68 Practice for Occupational and                     1918.101
  Education Eye and Face Protection.
ANSI Z89.1-69 Safety Requirements for Industrial                1918.105
  Head Protection.


American Society of Mechanical Engineers

  345 East 47th St., New York, NY 10017
ASME Boiler and Pressure Vessel Code, Sec. VIII,                  1915.5
  Rules for Construction of Unfired Pressure 
  Vessels, 1963.


Addresses

Technical Data Center: Frances Perkins Department of Labor Building, 
  Room N2625, 200 Constitution Ave., N.W., Washington, D.C. 20210.
Boston Regional Office--Region I: Regional Administrator, U.S. 
  Department of Labor--OSHA, 133 Portland St., 1st Floor, Boston, MA 
  02114.
New York Regional Office--Region II: Regional Administrator, U.S. 
  Department of Labor--OSHA, 201 Varick St., Room 670, New York, NY 
  10014.
Philadelphia Regional Office--Region III: Regional Administrator, U.S. 
  Department of Labor--OSHA, Gateway Bldg., Suite 2100, 3535 Market St., 
  Philadelphia, PA 19104.
Atlanta Regional Office--Region IV: Regional Administrator, U.S. 
  Department of Labor--OSHA, 1375 Peachtree St., N.E., Suite 587, 
  Atlanta, GA 30367.
Chicago Regional Office--Region V: Regional Administrator, U.S. 
  Department of Labor--OSHA, 32nd Fl., Room 3244, 230 S. Dearborn St., 
  Chicago, IL 60604.

[[Page 362]]

Dallas Regional Office--Region VI: Regional Administrator, U.S. 
  Department of Labor--OSHA, 525 Griffin St., Room 602, Dallas, TX 
  75202.
Kansas City Regional Office--Region VII: Regional Administrator, U.S. 
  Department of Labor--OSHA, 911 Walnut St., Rm. 406, Kansas City, MO 
  64106.
Denver Regional Office--Region VIII: Regional Administrator, U.S. 
  Department of Labor--OSHA, 1999 Broadway, Suite 1690, Denver, CO 
  80202-5716.
San Francisco Regional Office--Region IX: Regional Administrator, U.S. 
  Department of Labor--OSHA, 71 Stevenson St., Suite 420, San Francisco, 
  CA 94105.
Seattle Regional Office--Region X: Regional Administrator, U.S. 
  Department of Labor--OSHA, 1111 Third Avenue, Suite 715, Seattle, WA 
  98101-3212.



[[Page 363]]



                    Table of CFR Titles and Chapters




                      (Revised as of June 20, 1997)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)

[[Page 364]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)

[[Page 365]]

       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)

[[Page 366]]

      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)

[[Page 367]]

         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)

[[Page 368]]

        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)

[[Page 369]]

        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)

[[Page 370]]

       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)

[[Page 371]]

         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)

[[Page 372]]

     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)

[[Page 373]]

      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)

[[Page 374]]

      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)

[[Page 375]]

            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)

[[Page 376]]

        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)

[[Page 377]]

         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

[[Page 378]]

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 379]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of June 20, 1997)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 380]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 381]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I

[[Page 382]]

  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302

[[Page 383]]

  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III

[[Page 384]]

  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV

[[Page 385]]

Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
   Fellowships
[[Page 386]]

Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I

[[Page 387]]

  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 389]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers to Federal Register pages. The 
user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

29 CFR
                                                                   51 FR
                                                                    Page
Chapter XVII
1911  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24527
1912  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24527
1912a  Subpart, section, and paragraph authority citations removed
                                                                   24526
    Authority citation revised.....................................24527
1913  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation added.......................................24527
1915  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24527
1915.113  (b)(1) revised...........................................34562
1915.172  (d) revised..............................................34562
1917  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24527
1918  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24527
1919  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24528
1920  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24528
1921  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24528
1922  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24528
1924  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24528
1925  Subpart, section, and paragraph authority citations removed 
                                                                   24526
    Authority citation revised.....................................24528

                                  1987

29 CFR
                                                                   52 FR
                                                                    Page
Chapter XVII
1915  Authority citation revised...................................31876
1915.97  Revised...................................................31886
1915.99  Added.....................................................31877
    OMB number.....................................................46080
1917  Authority citation revised...................................31876
1917.1  (a)(2)(ix) added...........................................36026

[[Page 390]]

    (a)(2)(x) added................................................49624
1917.28  Added.....................................................31877
    OMB number.....................................................46080
1917.44  (o) revised...............................................36026
1917.72  Removed...................................................49624
1918  Authority citation revised...................................31876
1918.90  Added.....................................................31877
    OMB number.....................................................46080

                                  1988

29 CFR
                                                                   53 FR
                                                                    Page
Chapter XVII
1915.97  Compliance notice.........................................27679
1915.99  Note added; OMB number....................................15035
    Compliance notice..............................................27679
1917.28  Note added; OMB number....................................15035
    Compliance notice..............................................27679
1918.90  Note added; OMB number....................................15035
    Compliance notice..............................................27679

                                  1989

29 CFR
                                                                   54 FR
                                                                    Page
Chapter XVII
1915  Lead exposure; economic feasibility determinations...........29142
1915.7  Amended (OMB numbers)......................................24334
1915.95  Amended (OMB numbers).....................................24334
1915.99  Note removed; OMB number...................................6888
    Amended (OMB numbers)..........................................24334
1917  Lead exposure; economic feasibility determinations...........29142
    Grain handling standards; supplemental statement of reasons....49971
1917.28  Note removed; OMB number...................................6888
    Amended (OMB numbers)..........................................24334
1918  Lead exposure; economic feasibility determinations...........29142
1918.90  Note removed; OMB number...................................6888
    Amended (OMB numbers)..........................................24334

                                  1990

29 CFR
                                                                   57 FR
                                                                    Page
Chapter XVII
1915  Lead exposure; economic feasibility determinations............3146
1917  Lead exposure; economic feasibility determinations............3146
1918  Lead exposure; economic feasibility determination.............3146

                                  1991

                       (No regulations published.)

                                  1992

29 CFR
                                                                   57 FR
                                                                    Page
Chapter XVII
1915  Authority citation revised...................................42388
1915.1027 (Subpart Z)  Added.......................................42389
    OMB number.....................................................49272

                                  1993

29 CFR
                                                                   58 FR
                                                                    Page
Chapter XVII
1915  Authority citation revised...................................35574
1915  Authority citation revised...................................35514
1915.5  Amended....................................................35514
1915.12  (a)(3) and (b)(3) revised.................................35514
1915.99  Redesignated as 1915.1200.................................35514
1915.1000--1915.1450 (Subpart Z)  Revised..........................35514
1915.1200  Redesignated from 1915.99...............................35514
1915.1027 (Subpart Z)  (b), (i)(2)(iv), (l)(3)(i)(B), (4)(iv), 
        (v)(A), (B), (6)(iv), (11)(iv), (16), (m)(4)(iii)(A), (H) 
        and Appendixes A and C corrected; (f)(4) removed...........21781
    Appendixes E and F corrected...................................21782
    Appendix F corrected....................................21786, 21787

[[Page 391]]

                                  1994

29 CFR
                                                                   59 FR
                                                                    Page
Chapter XVII
1915  Authority citation revised...................................36699
1915.7  Revised....................................................37856
1915.11--1915.16 (Subpart B)  Revised..............................37857
1915.100  Added....................................................36700
1915.1001  Revised; OMB number.....................................41080
1915.1027  Added.....................................................147
1915.1200  Revised..................................................6170
1915.1200  (b)(6)(ii) revised; (c) and (g)(7)(iv) amended..........65948
    Effective  date stayed 3-11-94 through 8-11-94; note added.....17479
1917  Determination................................................15339
1917  Authority citation revised...................................36700
1917.28  Revised....................................................6170
    (b)(6)(ii) revised; (c) and (g)(7)(iv) amended.................65948
    Effective  date stayed 3-11-94 through 8-11-94; note added.....17479
1917.29  Added.....................................................36700
1918  Authority citation revised...................................36700
1918.90  Revised....................................................6170
1918.90  (b)(6)(ii) revised; (c) and (g)(7)(iv) amended............65948
    Effective  date stayed 3-11-94 through 8-11-94; note added.....17479
1918.100  Added....................................................36700

                                  1995

29 CFR
                                                                   60 FR
                                                                    Page
Chapter XVII
1915  Technical correction.........................................11194
1915.12  Heading, introductory text, (d)(3)(ii) and (e)(1)(iii) 
        note corrected; (b)(3)(iii) correctly revised..............14219
1915.14  (a)(1)(iv) correctly revised..............................14219
1915.15  (e) correctly revised.....................................14219
1915.1001  (q) revised.......................................9625, 33344
    Authority citation and (b) corrected...........................33987
    (b) corrected..................................................36044
    (b), (c)(1), (2), (d)(3), (e)(2), (4), (f)(1)(i), (3)(iii), 
(4) heading and (i) corrected; (f)(2)(ii) and (g)(1)(i) correctly 
revised; (f)(5) correctly redesignated as (f)(6); (f)(5) correctly 
added..............................................................33988
    (g)(5)(vi)(C) correctly redesignated as (g)(5)(vi)(B); 
(g)(1)(ii), (iii), (4)(ii)(B), (5)(i) introductory text, (B)(1), 
(ii)(B)(4), (9), (iii) introductory text, (A), (B)(1), (2), (iv) 
introductory text, (A)(2), new (vi)(B)(3), (6)(ii) introductory 
text, (iii), (7)(i), (ii) introductory text, (B), and (iv) 
corrected; (g)(4)(ii)(A), (5)(ii) introductory text, (A)(2), 
(iv)(B)(2) and (vi)(B)(1) correctly revised........................33989
    (g)(7)(iii) redesignated as (g)(7)(ii)(C); new (g)(7)(iii) and 
(12)(vi) added; (g)(8)(iv)(B) removed; (g)(8)(iv)(C), (12) 
introductory text, (h)(2)(v) and (o)(4)(i) revised.................50412
    (g)(8)(i) introductory text, (F), (v)(A), (9)(iii), (iv), (v), 
(10) introductory text and (11)(ii) corrected; (g)(8)(ii)(B), (D), 
(E) and (iii) correctly revised; (g)(8)(ii)(H) and (12) correctly 
added..............................................................33990
    (k) note and (1) through (5) correctly redesignated as (k)(1) 
and (2) through (6); (h)(1)(iii), (2)(iii)(A) and new (k)(2)(i) 
correctly revised; (h)(2)(i), Table 1, (v), (3)(iv), (4)(ii), 
(i)(1), (j)(1) introductory text, (i)(C), (2)(iii), new (k)(1), 
new (3)(i), new (5)(i), (ii) introductory text, new (A), new (B) 
and new (6) corrected; (k)(5)(iii) correctly added.................33991
    (k)(6), (7) and (8) correctly redesignated as (k)(7), (8) and 
(9); new (k)(7)(ii) and new (9) correctly revised; (k)(7)(iii) 
correctly added; new (k)(8)(vi) introductory text, new (B) and new 
(vii) corrected....................................................33992

[[Page 392]]

    (k)(9) and (1) correctly redesignated as (k)(10) and (l); 
(l)(3)(ii), (iii) and (iv) correctly designated; new (k)(10)(i), 
(iii), new (l) heading, new (2), new (3)(i), new (iii), new 
(l)(4)(ii), (m)(1)(ii), (3)(i), (n)(1)(i), (4), (o)(3) 
introductory text, (i) introductory text, (E), (F), (H), (I) and 
(4)(i) corrected; new (l)(4), (m)(1)(i), (2)(i)(B) and (o)(4)(ii) 
correctly revised..................................................33993
    (b) corrected..................................................36044
    Appendixes A and B corrected...................................33994
    Appendixes B, E, F, H, K and L corrected.......................33995

                                  1996

29 CFR
                                                                   61 FR
                                                                    Page
1915  Authority citation revised...................................31430
1915.5  Revised....................................................26359
1915.8  Added (OMB numbers).........................................5509
1915.32  (a)(3) revised (eff. 8-22-96).............................26351
1915.33  (a) (eff. 8-22-96) revised................................26351
1915.34  (a)(1), (4), (b)(1), (c)(3)(i), (ii) and (iii) revised 
        (eff. 8-22-96).............................................26351
1915.35  (a)(1)(i), (ii), (iii), (2), (b)(13) and (14) revised 
        (eff. 8-22-96).............................................26351
1915.118  Table I-1 removed (eff. 8-22-96).........................26351
1915.134  (j) revised (eff. 8-22-96)...............................26351
1915.135  (b)(9) revised (eff. 8-22-96)............................26351
1915.151--1915.160 (Subpart I) Revised (eff. 8-22-96)..............26352
1915.152  OMB number pending.......................................26352
    (b) correctly revised..........................................29957
1915.159  OMB number pending.......................................26355
1915.160  OMB number pending.......................................26356
1915.1000  Table Z-1 amended.......................................56856
1915.1001  OMB number...............................................5509
    (h)(2)(iii), (k)(6), (8)(vii), (9)(iii), (iv), (v) and 
(m)(1)(i)(A) revised...............................................43457
1915.1002  Revised.................................................31430
1915.1003  OMB number...............................................5509
    Revised..................................................9246, 31430
1915.1004  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1006  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1007  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1008  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1009  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1010  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1011  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1012  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1013  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1014  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1015  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1016  OMB number...............................................5509
    Revised..................................................9248, 31430
1915.1017  OMB number...............................................5509
    Revised........................................................31430
1915.1018  OMB number...............................................5509
    Revised........................................................31431
1915.1020  Redesignated from 1915.1120 and revised.................31431
1915.1025  OMB number...............................................5509
    Revised........................................................31431
1915.1027  Revised.................................................31431
1915.1028  OMB number...............................................5509
    Revised........................................................31431
1915.1030  OMB number...............................................5509
    Revised........................................................31431
1915.1044  OMB number...............................................5509
    Revised........................................................31431
1915.1045  OMB number...............................................5509
    Revised........................................................31431
1915.1047  OMB number...............................................5509
    Revised........................................................31431
1915.1048  OMB number...............................................5509
    Revised........................................................31431
1915.1050  OMB number...............................................5509
    Revised........................................................31431
1915.1120  OMB number...............................................5509
    Redesignated as 1915.1020......................................31431
1915.1200  Revised.................................................31431

[[Page 393]]

1915.1450  OMB number...............................................5509
    Revised........................................................31431
1917.23  OMB number.................................................5509
1917.24  OMB number.................................................5509
1917.25  OMB number.................................................5509
1917.28  OMB number.................................................5509
1917.50  OMB number.................................................5509
1917.116  OMB number................................................5509
1918  Authority citation amended....................................5509
1918.90  OMB number.................................................5509
1919  Authority citation revised....................................5509
1919.3  OMB number..................................................5509
1919.51  OMB number.................................................5509
1919.90  OMB number.................................................5509

                                  1997

   (Regulations published from January 1, 1997, through July 1, 1997)

29 CFR
                                                                   62 FR
                                                                    Page
1915.8  Table amended (OMB numbers) (eff. 7-21-97).................33547
1915.152  Regulation at 61 FR 26352 eff. in part 7-21-97...........33547
1915.159  Regulation at 61 FR 26352 eff. in part 7-21-97...........33547
1915.160  Regulation at 61 FR 26352 eff. in part 7-21-97...........33547
1915.1000  Table Z amended..........................................1619
1915.1052  Added....................................................1619