[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2011 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
Title 29
Labor
________________________
Parts 1911 to 1925
Revised as of July 1, 2011
Containing a codification of documents of general
applicability and future effect
As of July 1, 2011
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
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 (Continued) 5
Finding Aids:
Table of CFR Titles and Chapters........................ 371
Alphabetical List of Agencies Appearing in the CFR...... 391
List of CFR Sections Affected........................... 401
[[Page iv]]
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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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[[Page v]]
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
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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
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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
April 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate
volumes. For the period beginning April 1, 2001, a ``List of CFR
Sections Affected'' is published at the end of each CFR volume.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
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not accidentally dropped due to a printing or computer error.
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.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed 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
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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 Authorities
and Rules. A list of CFR titles, chapters, subchapters, 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.
[[Page vii]]
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.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
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in the Code of Federal Regulations.
INQUIRIES
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Director,
Office of the Federal Register.
July 1, 2011.
[[Page ix]]
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, part 1900-Sec. 1910.999, part 1910.1000-
end of part 1910, 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, 2011.
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.
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, Jonn V. Lilyea was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 29--LABOR
(This book contains parts 1911 to 1925)
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SUBTITLE B--Regulations Relating to Labor (Continued)
Part
chapter xvii--Occupational Safety and Health Administration,
Department of Labor (Continued)........................... 1911
[[Page 3]]
Subtitle B--Regulations Relating to Labor (Continued)
[[Page 5]]
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR (CONTINUED)
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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............................ 222
1918 Safety and health regulations for
longshoring............................. 278
Subject index for 29 CFR 1918--Longshoring.. 334
1919 Gear certification.......................... 337
Subject index for 29 CFR 1919--Gear
certification........................... 357
1920 Procedure for variations from safety and
health regulations under the
Longshoremen's and Harbor Workers'
Compensation Act........................ 358
1921 Rules of practice in enforcement proceedings
under section 41 of the Longshoremen's
and Harbor Workers' Compensation Act.... 359
1922 Investigational hearings under section 41 of
the Longshoremen's and Harbor Workers'
Compensation Act........................ 365
1924 Safety standards applicable to workshops and
rehabilitation facilities assisted by
grants.................................. 366
1925 Safety and health standards for Federal
service contracts....................... 366
[[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 Sec. Sec. 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); 5 U.S.C. 553; Federal Advisory
Committee Act (5 U.S.C. App. 2); 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),
9-83 (48 FR 35736), or 3-2000 (65 FR 50017), 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 paragraphs (f) through (j) of this
section, each member of the Advisory Committee shall serve for a period
of 2 years. Appointment of a member to the Committee for a fixed time
period shall not affect the authority of the Secretary to remove, in his
or her discretion, any member at any time. If a member resigns or is
removed before his or her term expires, the Secretary of Labor may
appoint for the remainder of the unexpired term a new member who shall
represent the same interest as his or her predecessor.
(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).
[38 FR 28035, Oct. 11, 1973, as amended at 67 FR 659, Jan. 7, 2002]
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. Appointment of a
member to the Committee for a fixed time period shall not affect the
authority of the Secretary to remove, in his or her discretion, any
member at any time. If a member resigns or is removed before his or her
term expires, the Secretary of Labor may appoint for the remainder of
the unexpired term a new member who shall represent the same interest as
his or her predecessor.
(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.
[38 FR 28035, Oct. 11, 1973, as amended at 67 FR 659, Jan. 7, 2002]
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. Appointment of a member to the Committee for a fixed time
period shall not affect the authority of the Secretary to remove, in his
or her discretion, any member at any time. If a member resigns or is
removed before his or her term expires, the Secretary of Labor 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.
[67 FR 659, Jan. 7, 2002]
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. 4, 6, 7, 8, Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 656, 657); 5 U.S.C. 553; Federal Advisory
Committee Act (5 U.S.C. App. 2); Secretary of Labor's Order No. 12-71
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 3-2000 (65 FR
50017), 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
[[Page 20]]
public. Appointment of a member to the Committee for a fixed time period
shall not affect the authority of the Secretary to remove, in his or her
discretion, any member at any time. If a member resigns or is removed
before his or her term expires, the Secretary of Labor may appoint for
the remainder of the unexpired term a new member who shall represent the
same interest as his or her predecessor.
[67 FR 660, Jan. 7, 2002]
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);
Secretary of Labor's Order No. 8-76 (41 FR 25059), or 5-2002 (67 FR
65008) as applicable.
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 1910.1020(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 1910.1020(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
[[Page 23]]
recordkeeping requirements of an occupational safety and health
standard, or with 29 CFR 1910.1020. An examination of 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
[[Page 24]]
order which has been approved by the Assistant Secretary upon the
recommendation of the OSHA Medical 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 1910.1020(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
[[Page 25]]
of this section and indicate that questions or objections concerning the
written access order may be directed to 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 1910.1020(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.
[[Page 27]]
(2) Except as provided in paragraph (m)(3) of this section, the
Assistant Secretary shall not approve a request 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.
[45 FR 35294, May 23, 1980; 45 FR 54334, Aug. 15, 1980, as amended at 71
FR 16674, Apr. 3, 2006]
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.
1915.9 Compliance duties owed to each employee.
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.
[[Page 28]]
1915.34 Mechanical paint removers.
1915.35 Painting.
1915.36 Flammable liquids.
Subpart D_Welding, Cutting and Heating
1915.51 Ventilation and protection in welding, cutting and heating.
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.
1915.120 Powered industrial truck operator training.
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-O [Reserved]
Subpart P_Fire Protection in Shipyard Employment
1915.501 General provisions.
1915.502 Fire safety plan.
1915.503 Precautions for hot work.
1915.504 Fire watches.
1915.505 Fire response.
1915.506 Hazards of fixed extinguishing systems on board vessels and
vessel sections.
1915.507 Land-side fire protection systems.
1915.508 Training.
1915.509 Definitions applicable to this subpart.
[[Page 29]]
Appendix A to Subpart P of Part 1915--Model Fire Safety Plan (Non-
Mandatory)
Subparts Q-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.
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.
1915.1026 Chromium (VI).
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: Section 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Sections. 4, 6, and 8 of the 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), 1-
90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), or 5-2007 (72 FR 31160) as applicable; 29 CFR Part 1911.
Effective Date Notes: 1. At 76 FR 24698, May 2, 2011, the authority
citation was revised, effective Aug. 1, 2011. For the convenience of the
user, the added and revised text is set forth as follows:
Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 941); secs. 4, 6, and 8 of the 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), 1-90 (55 FR
9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-
2007 (72 FR 31159), or 4-2010 (75 FR 55355) as applicable; 29 CFR part
1911.
2. At 76 FR 33609, June 8, 2011, the authority citation was revised,
effective July 8, 2011. For the convenience of the user, the added and
revised text is set forth as follows:
Authority: 33 U.S.C. 941; 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), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355), as
applicable.
Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C.
553.
Sections 1915.120 and 1915.152 of 29 CFR also issued under 29 CFR
1911.
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,
[[Page 30]]
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 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 means 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
[[Page 31]]
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 Department of Transportation 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:
(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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]
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)(1) The standards listed in paragraph (d) of this section are
incorporated by reference in the corresponding sections noted as the
sections exist on the date of the approval, and a notice of any change
in these standards will be published in the Federal Register. The
Director of the Federal Register approved these incorporations by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2) Any changes in the standards incorporated by reference in this
part and an official historic file of such changes are available for
inspection in the Docket Office at the national office of the
Occupational Safety and Health Administration, U.S. Department of Labor,
Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-889-
5627).
(c) Copies of standards listed in this section and issued by private
standards organizations are available for purchase from the issuing
organizations at the addresses or through the other contact information
listed below for these private standards organizations. In addition,
these standards are available for inspection at the National Archives
and Records Administration (NARA). For information on the availability
of
[[Page 32]]
these standards at NARA, telephone: 202-741-6030, or go to http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. Also, the standards are available for inspection at any
Regional Office of the Occupational Safety and Health Administration
(OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-2625, Washington, DC 20210; telephone:
202-693-2350 (TTY number: 877-889-5627).
(d)(1) Except as noted, copies of the standards listed below in this
paragraph are available for purchase from the American National
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY
10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
(i) ANSI A14.1-1975 Safety Requirements for Portable Wood Ladders,
IBR approved for Sec. 1915.72(a)(6).
(ii) ANSI A14.2-1972 Safety Requirements for Portable Metal Ladders,
IBR approved for Sec. 1915.72(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 Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(ii). Copies of ANSI Z41-1999 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(v) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(iii). Copies of ANSI Z41-1991 are available for purchase
only from the National Safety Council, P.O. Box 558, Itasca, IL 60143-
0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: http://
www.nsc.org.
(vi) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1915.153(b)(1)(i). Copies of ANSI Z87.1-2003 are available for
purchase only from the American Society of Safety Engineers, 1800 East
Oakton Street, Des Plaines, IL 60018-2187; telephone: 847-699-2929; or
from the International Safety Equipment Association (ISEA), 1901 North
Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax:
703-528-2148; Web site: http://www.safetyequipment.org.
(vii) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for Occupational and Educational Eye and Face Protection; IBR approved
for Sec. 1915.153(b)(1)(ii). Copies of ANSI Z87.1-1989 (R-1998) are
available for purchase only from the American Society of Safety
Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187;
telephone: 847-699-2929.
(viii) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1915.153(b)(1)(iii).
(ix) ANSI Z89.1-2003, American National Standard for Industrial Head
Protection; IBR approved for Sec. 1915.155(b)(1)(i). Copies of ANSI
Z89.1-2003 are available for purchase only from the International Safety
Equipment Association, 1901 North Moore Street, Arlington, VA 22209-
1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: http://
www.safetyequipment.org.
(x) ANSI Z89.1-1997, American National Standard for Industrial Head
Protection; IBR approved for Sec. 1915.155(b)(1)(ii). Copies of ANSI
Z89.1-1997 are available for purchase only from the International Safety
Equipment Association, 1901 North Moore Street, Arlington, VA 22209-
1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: http://
www.safetyequipment.org.
(xi) ANSI Z89.1-1986, American National Standard for Personnel
Protection--Protective Headwear for Industrial Workers--Requirements;
IBR approved for Sec. 1915.155(b)(1)(iii).
(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
[[Page 33]]
Hygienists (ACGIH), 1014 Broadway, Cincinnati, OH 45202:
(i) Threshold limit values, 1970, IBR approved for Sec. Sec.
1915.12(b) and 1915.1000, table Z.
(4) The following material is available for purchase from the
National Fire Protection Association, 1 Batterymarch Park, PO Box 9101,
Quincy, MA 02269-9101:
(i) NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing
Apparatus for Fire and Emergency Services, IBR approved for
1915.505(e)(3)(v).
(ii) NFPA 1971-2000, Standard on Protective Ensemble for Structural
Fire Fighting, IBR approved for Sec. 1915.505(e)(4)(ii).
(iii) NFPA 1976-2000, Standard on Protective Ensemble for Proximity
Fire Fighting, IBR approved for Sec. 1915.505(e)(5).
(iv) NFPA 1982-1998, Standard on Personal Alert Safety Systems
(PASS), IBR approved for Sec. 1915.505(e)(6)(ii).
(v) NFPA 1983-2001, Standard on Fire Service Life Safety Rope and
System Components, IBR approved for Sec. 1915.505(e)(7)(i).
(vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR
approved for Sec. Sec. 1915.507(b)(1) and (b)(2).
(vii) NFPA 14-2003 Standard for the Installation of Standpipe and
Hose Systems, IBR approved for Sec. Sec. 1915.507(b)(2) and (d)(1).
(viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for Sec.
1915.507(c)(6).
(ix) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems, IBR approved for Sec. 1915.507(d)(2).
(x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems,
IBR approved for Sec. 1915.507(d)(2).
(xi) NFPA 25-2002, Inspection, Testing, and Maintenance of Water-
Based Fire Protection Systems, IBR approved for Sec. 1915.507(d)(2).
(xii) NFPA 15-2001, Standard for Water Spray Fixed Systems for Fire
Protection, IBR approved for Sec. 1915.507(d)(3).
(xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
Foam, IBR approved for Sec. 1915.507(d)(3).
(xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing Systems,
IBR approved for Sec. 1915.507(d)(4).
(xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing Systems,
IBR approved for Sec. 1915.507(d)(5).
(xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions,
IBR approved for Sec. 1915.508(d)(8).
(5) Copies of the standards listed below in this paragraph are
available for purchase from ASTM International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: 610-832-
9585; fax: 610-832-9555; e-mail: seviceastm.org; Web site: http://
www.astm.org:
(i) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR
approved for Sec. 1915.156(b)(1)(i).
(ii) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1915.156(b)(1)(i).
[61 FR 26359, May 24, 1996, as amended at 67 FR 44541, July 3, 2002; 69
FR 18803, Apr. 9, 2004; 69 FR 55702, Sept. 15, 2004; 71 FR 60846, Oct.
17, 2006; 74 FR 46357, Sept. 9, 2009]
Effective Date Note: At 76 FR 24698, May 2, 2011, Sec. 1915.6 was
amended by adding paragraph (d)(1)(xii) and (d)(1)(xiii), effective Aug.
1, 2011. For the convenience of the user, the added text is set forth as
follows:
Sec. 1915.5 Incorporation by reference.
* * * * *
(d) * * *
(1) * * *
(xii) ANSI/IESNA RP-7-01, Recommended Practice for Lighting
Industrial Facilities, ANSI approved July 26, 2001, IBR approved for
Sec. 1915.82(a)(3).
(xiii) ANSI/ISEA Z308.1-2009, Revision of ANSI Z308.1-2003, Minimum
Requirements for Workplace First Aid Kits and Supplies, ANSI approved
May 8, 2009, IBR approved for Sec. 1915.87 Appendix A.
* * * * *
Sec. 1915.6 Commerical diving operations.
Commerical diving operations shall be subject to subpart T of part
1910, Sec. Sec. 1910.401-1910.441 of this chapter.
[[Page 34]]
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 Sec. Sec.
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]
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.
[[Page 35]]
------------------------------------------------------------------------
OMB
29 CFR citation control
No.
------------------------------------------------------------------------
1915.11-1915.16............................................. 1218-0011
1915.113.................................................... 1218-0220
1915.152(b)................................................. 1218-0215
1915.152(e)................................................. 1218-0215
1915.159(d)................................................. 1218-0215
1915.160(d)................................................. 1218-0215
1915.172.................................................... 1218-0220
1915.501(d)................................................. 1218-0248
1915.502(a)................................................. 1218-0248
1915.502(b)................................................. 1218-0248
1915.502(c)................................................. 1218-0248
1915.502(d)................................................. 1218-0248
1915.504(a)................................................. 1218-0248
1915.505(a)................................................. 1218-0248
1915.505(b)................................................. 1218-0248
1915.505(d)................................................. 1218-0248
1915.506(b)................................................. 1218-0248
1915.507(c)................................................. 1218-0248
1915.508(a)................................................. 1218-0248
1915.508(b)................................................. 1218-0248
1915.508(c)................................................. 1218-0248
1915.508(d)................................................. 1218-0248
1915.508(e)................................................. 1218-0248
1915.508(f)................................................. 1218-0248
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
1915.1026................................................... 1218-0252
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; 63
FR 13340, Mar. 19, 1998; 70 FR 13371, Mar. 21, 2005; 71 FR 38086, July
5, 2006]
Sec. 1915.9 Compliance duties owed to each employee.
(a) Personal protective equipment. Standards in this part requiring
the employer to provide personal protective equipment (PPE), including
respirators and other types of PPE, because of hazards to employees
impose a separate compliance duty with respect to each employee covered
by the requirement. The employer must provide PPE to each employee
required to use the PPE, and each failure to provide PPE to an employee
may be considered a separate violation.
(b) Training. Standards in this part requiring training on hazards
and related matters, such as standards requiring that employees receive
training or that the employer train employees, provide training to
employees, or institute or implement a training program, impose a
separate compliance duty with respect to each employee covered by the
requirement. The employer must train each affected employee in the
manner required by the standard, and each failure to train an employee
may be considered a separate violation.
[73 FR 75587, Dec. 12, 2008]
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
[[Page 36]]
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 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.
[[Page 37]]
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 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:
[[Page 38]]
(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;
(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;
[[Page 39]]
(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 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]
[[Page 40]]
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:
(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
[[Page 41]]
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 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, with a flash point
below 150 [deg]F (65.6 [deg]C) when the distance between such spaces and
the work is 25 feet (7.62 m) or greater.
Note to paragraph (a)(1)(iv): For flammable liquids with flash
points above 150 [deg]F (65.6 [deg]C), see paragraph (b) of this
section.
(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.
(iv) Vessels and vessel sections for which a Marine Chemist or Coast
Guard authorized person certificate is not required under paragraph
(a)(1)(iv) of this section.
(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.
[[Page 42]]
Note to Sec. 1915.14: See appendix A of this subpart for additional
information relevant to performing hot work safely.
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995;
67 FR 44541, July 3, 2002]
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 Sec. Sec.
1915.12, 1915.13, and 1915.14 of this part, as applicable.
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 are 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 Sec. Sec. 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
Sec. Sec. 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
Sec. Sec. 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 Sec. Sec. 1915.12, 1915.13, and 1915.14, as
applicable.
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995;
67 FR 44541, July 3, 2002]
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.
Sec. Appendix A to Subpart B of Part 1915--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
[[Page 43]]
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)(3). After a tank has been properly washed and
ventilated, the tank 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 greater than 20.8 percent by volume
should alert the competent person to look for the cause of the oxygen-
enriched atmosphere and correct it prior to entry. In addition, any
oxygen level lower than 19.5 percent level should also alert the
competent person to look for the cause of the oxygen-deficiency and
correct it prior to entry.
Section 1915.12(b)(3) 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
[[Page 44]]
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 Sec. Sec. 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 met before welding, cutting, or heating is begun on any hollow
containers or structures not covered by Sec. 1915.12.
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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]
Effective Date Note: At 76 FR 33609, June 8, 2011, appendix A of
subpart B was amended by revising item number 1 under the heading
``Section 1915.11(b) Definition of `Hot work','', effective July 8,
2011. For the convenience of the user, the revised text is set forth as
follows:
Sec. Appendix A to Subpart B of Part 1915--Compliance Assistance
Guidelines for Confined and Enclosed Spaces and Other Dangerous
Atmospheres
* * * * *
Section 1915.11(b) Definition of ``Hot work.''
* * * * *
1. Abrasive blasting of the external surface of the vessel (the
hull) for paint preparation does not necessitate pumping and cleaning
the tanks of the vessel.
* * * * *
Sec. Appendix B to Subpart B of Part 1915--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:
[[Page 45]]
(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 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
[[Page 46]]
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 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.
[[Page 47]]
(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, 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
[[Page 48]]
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 reaches or exceeds 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 to below 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.
(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
[[Page 49]]
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; 67
FR 44541, July 3, 2002]
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.
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.
[[Page 50]]
(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.
1915.154, 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 (b) 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. 1915.154:
(i) Metals containing lead, other than as an impurity, 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, and employees performing such
operations on beryllium-containing base or filler metals shall be
protected by air line respirators, in accordance with the requirements
of Sec. 1915.154.
(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. 1915.153. When two or
more welders are exposed to each other's arc, filter lens goggles of a
suitable type meeting the requirements of Sec. 1915.153 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
[[Page 51]]
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. 1915.153.
(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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]
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. 1915.154.
(2) In the open air, employees shall be protected by a filter type
respirator in accordance with the requirements of Sec. 1915.154.
(e) Before welding, cutting or heating is commenced in enclosed
spaces on 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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
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.
[[Page 52]]
(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.
(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.
[[Page 53]]
(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 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
[[Page 54]]
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 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.
[[Page 55]]
(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 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.
[[Page 56]]
(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.
(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
[[Page 57]]
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\x2\3/4\ inch lumber.
(ii) 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 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\x2\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\x2\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\x2\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 that the width of the platform
planking shall not exceed the distance between the side rails.
(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 persons shall be permitted to work at one time
on a swinging scaffold built to the minimum specifications contained in
this paragraph. Where heavier construction
[[Page 58]]
is used, the number of persons 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
2x10 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
1x6 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 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 2x6 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 2x6 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.
[[Page 59]]
(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 2x10 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 2x4 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 2x4 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 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. Sec. 1915.159 and 1915.160, and
employees working over water shall be protected by buoyant work vests
meeting the requirements of Sec. 1915.158(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 1x4 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).
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
[[Page 60]]
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 ANSI Standard
A14.2-1972: Safety Requirements for Portable Metal Ladders (incorporated
by reference, see Sec. 1915.5).
(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 ANSI Standard A14.1-1975:
Safety Requirements for Portable Wood Ladders (incorporated by
reference, see Sec. 1915.5).
(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\ 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\x3\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 25/32x3
inches in cross section. Cleats over 20 inches but not more than 30
inches in length shall be at least 25/32x3\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 2x6 inch lumber.
(ii) Cleats shall be of not less than 1x4 inch lumber.
(iii) Cleats shall be nailed to each rail with five 10d common wire
nails or
[[Page 61]]
fastened with through bolts or other fasteners of equivalent strength.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
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. 1915.158(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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
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 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
midrail. 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
[[Page 62]]
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 meeting the requirements of
paragraph (c)(1) of this section or a safe walkway meeting 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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
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.
(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 midrail. 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 midrail,
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 midrail. When such a railing would be
[[Page 63]]
impracticable or ineffective, other effective means shall be provided to
prevent employees 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).
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
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 and 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 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. Sec. 1915.159 and
1915.160. 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. 1915.158(a).
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
[[Page 64]]
Subpart F_General Working Conditions
Effective Date Note: At 76 FR 24698, May 2, 2011, subpart F was
revised, effective Aug. 1, 2011. For the convenience of the user, the
revised text follows the existing sections.
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 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(b)(9).
(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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
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.
[[Page 65]]
(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 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.
[[Page 66]]
(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 in Sec. 1915.1200 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, as amended at 67 FR 44543, July 3, 2002]
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.
(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
[[Page 67]]
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]
Effective Date Note: At 76 FR 24698, May 2, 2011, subpart F was
revised, effective Aug. 1, 2011. For the convenience of the user, the
added and revised text is set forth as follows:
Subpart F_General Working Conditions
Sec. 1915.80 Scope, application, definitions, and effective dates.
(a) The provisions of this subpart apply to general working
conditions in shipyard employment, including work on vessels, on vessel
sections, and at landside operations, regardless of geographic location.
(b) Definitions applicable to this subpart.
(1) Additional safety measure. A component of the tags-plus system
that provides an impediment (in addition to the energy-isolating device)
to the release of energy or the energization or startup of the
machinery, equipment, or system being serviced. Examples of additional
safety measures include, but are not limited to, removing an isolating
circuit element; blocking a controlling switch; blocking, blanking, or
bleeding lines; removing a valve handle or wiring it in place; opening
an extra disconnecting device.
(2) Affected employee. An employee who normally operates or uses the
machinery, equipment, or system that is going to be serviced under
lockout/tags-plus or who is working in the area where servicing is being
performed under lockout/tags-plus. An affected employee becomes an
authorized employee when the employer assigns the employee to service
any machine, equipment, or system under a lockout/tags-plus application.
(3) Authorized employee. (i) An employee who performs one or more of
the following lockout/tags-plus responsibilities:
(A) Executes the lockout/tags-plus procedures;
(B) Installs a lock or tags-plus system on machinery, equipment, or
systems; or
(C) Services any machine, equipment, or system under lockout/tags-
plus application.
(ii) An affected employee becomes an authorized employee when the
employer assigns the employee to service any machine, equipment, or
system under a lockout/tags-plus application.
(4) Capable of being locked out. An energy-isolating device is
capable of being locked out if it has a locking mechanism built into it,
or it has a hasp or other means of attachment to which, or through
which, a lock can be affixed. Other energy-isolating devices are capable
of being locked out if lockout can be achieved without the need to
dismantle, rebuild, or replace the energy-isolating device or
permanently alter its energy-control capability.
(5) Contract employer. An employer, such as a painting, joinery,
carpentry, or scaffolding subcontractor, that performs shipyard-related
services or work under contract to the host employer or to another
employer under contract to the host employer at the host employer's
worksite. This excludes employers who provide services that are not
directly related to shipyard employment, such as mail delivery, office
supply, and food vending services.
(6) Dummy load. A device used in place of an antenna to aid in the
testing of a radio transmitter that converts transmitted energy into
heat to minimize energy radiating outward or reflecting back to its
source during testing.
(7) Energy-isolating device. A mechanical device that, when utilized
or activated, physically prevents the release or transmission of energy.
Energy-isolating devices include, but are not limited to, manually
operated electrical circuit breakers; disconnect switches; line valves;
blocks; and any similar device used to block or isolate energy. Control-
circuit devices (for example, push buttons, selector switches) are not
considered energy-isolating devices.
(8) Hazardous energy. Any energy source, including mechanical (for
example, power transmission apparatus, counterbalances,
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springs, pressure, gravity), pneumatic, hydraulic, electrical, chemical,
and thermal (for example, high or low temperature) energies, that could
cause injury to employees.
(9) Hazardous substances. A substance that may cause injury,
illness, or disease, or otherwise harm an employee by reason of being
explosive, flammable, poisonous, corrosive, oxidizing, irritating, or
otherwise harmful.
(10) Health care professional. A physician or any other healthcare
professional whose legally permitted scope of practice allows the
provider to independently provide, or be delegated the responsibility to
provide, some or all of the advice or consultation this subpart
requires.
(11) Host employer. An employer that is in charge of coordinating
shipyard-related work, or that hires other employers to perform
shipyard-related work or to provide shipyard-related services, at a
multi-employer worksite.
(12) Isolated location. An area in which employees are working alone
or with little assistance from others due to the type, time, or location
of their work. Such locations include remote locations or other work
areas where employees are not in close proximity to others.
(13) Lock. A device that utilizes a positive means, either a key or
combination lock, to hold an energy-isolating device in a ``safe''
position that prevents the release of energy and the startup or
energization of the machinery, equipment, or system to be serviced.
(14) Lockout. The placement of a lock on an energy-isolating device
in accordance with an established procedure, thereby ensuring that the
energy-isolating device and the equipment being controlled cannot be
operated until the lock is removed.
(15) Lockout/tags-plus coordinator. An employee whom the employer
designates to coordinate and oversee all lockout and tags-plus
applications on vessels or vessel sections and at landside work areas
when employees are performing multiple servicing operations on the same
machinery, equipment, or systems at the same time, and when employees
are servicing multiple machinery, equipment, or systems on the same
vessel or vessel section at the same time. The lockout/tags-plus
coordinator also maintains the lockout/tags-plus log.
(16) Lockout/tags-plus materials and hardware. Locks, chains,
wedges, blanks, key blocks, adapter pins, self-locking fasteners, or
other hardware used for isolating, blocking, or securing machinery,
equipment, or systems to prevent the release of energy or the startup or
energization of machinery, equipment, or systems to be serviced.
(17) Motor vehicle. Any motor-driven vehicle operated by an employee
that is used to transport employees, material, or property. For the
purposes of this subpart, motor vehicles include passenger cars, light
trucks, vans, motorcycles, all-terrain vehicles, small utility trucks,
powered industrial trucks, and other similar vehicles. Motor vehicles do
not include boats, or vehicles operated exclusively on a rail or rails.
(18) Motor vehicle safety equipment. Systems and devices integral to
or installed on a motor vehicle for the purpose of effecting the safe
operation of the vehicle, and consisting of such systems or devices as
safety belts, airbags, headlights, tail lights, emergency/hazard lights,
windshield wipers, defogging or defrosting devices, brakes, horns,
mirrors, windshields and other windows, and locks.
(19) Navy ship's force. The crew of a vessel that is owned or
operated by the U.S. Navy, other than a time- or voyage-chartered
vessel, that is under the control of a Commanding Officer or Master.
(20) Normal production operations. The use of machinery or
equipment, including, but not limited to, punch presses, bending
presses, shears, lathes, keel press rollers, and automated burning
machines, to perform a shipyard-employment production process.
(21) Portable toilet. A non-sewered portable facility for collecting
and containing urine and feces. A portable toilet may be either
flushable or non-flushable. For purposes of this section, portable
toilets do not include privies.
(22) Potable water. Water that meets the standards for drinking
purposes of the state or local authority having jurisdiction, or water
that meets the quality standards prescribed by the U.S. Environmental
Protection Agency's National Primary Water Regulations (40 CFR part
141).
(23) Readily accessible/available. Capable of being reached quickly
enough to ensure, for example, that emergency medical services and first
aid intervention are appropriate or that employees can reach sanitation
facilities in time to meet their health and personal needs.
(24) Sanitation facilities. Facilities, including supplies,
maintained for employee personal and health needs such as potable
drinking water, toilet facilities, hand-washing and -drying facilities,
showers (including quick-drenching or flushing) and changing rooms,
eating and drinking areas, first aid stations, and on-site medical-
service areas. Sanitation supplies include soap, waterless cleaning
agents, single-use drinking cups, drinking water containers, toilet
paper, and towels.
(25) Serviceable condition. The state or ability of supplies or
goods, or of a tool, machine, vehicle, or other device, to be used or to
operate in the manner prescribed by the manufacturer.
(26) Servicing. Workplace activities that involve the construction,
installation, adjustment, inspection, modification, testing, or
[[Page 69]]
repair of machinery, equipment, or systems. Servicing also includes
maintaining machines, equipment, or systems when performing these
activities would expose the employee to harm from the start-up or
energization of the system being serviced, or the release of hazardous
energy.
(27) Sewered toilet. A fixture maintained for the purpose of
urination and defecation that is connected to a sanitary sewer, septic
tank, holding tank (bilge), or on-site sewage-disposal treatment
facility, and that is flushed with water.
(28) Shield. To install a covering, protective layer, or other
effective measure on or around steam hoses or temporary steam-piping
systems, including metal fittings and couplings, to protect employees
from contacting hot surfaces or elements.
(29) Short bight. A loop created in a line or rope that is used to
tie back or fasten objects such as hoses, wiring, and fittings.
(30) Tag. A prominent warning device that includes a means of
attachment that can be securely fastened to an energy-isolating device
in accordance with an established procedure to indicate that the energy-
isolating device and the equipment being controlled must not be operated
until the tag is removed by an authorized employee.
(31) Tags-plus system. A system to control hazardous energy that
consists of an energy-isolating device with a tag affixed to it, and at
least one additional safety measure.
(32) Verification of isolation. The means necessary to detect the
presence of hazardous energy, which may involve the use of a test
instrument (for example, a voltmeter), and, for other than electric
shock protection, a visual inspection, or a deliberate attempt to start-
up the machinery, equipment, or system.
(33) Vermin. Insects, birds, and other animals, such as rodents and
feral cats, that may create safety and health hazards for employees.
(34) Vessel section. A subassembly, module, or other component of a
vessel being built or repaired.
(35) Walkway. Any surface, whether vertical, slanted, or horizontal,
on which employees walk, including areas that employees pass through, to
perform their job tasks. Walkways include, but are not limited to,
access ways, designated walkways, aisles, exits, gangways, ladders,
ramps, stairs, steps, passageways, and scaffolding. If an area is, or
could be, used to gain access to other locations, it is to be considered
a walkway.
(36) Work area. A specific area, such as a machine shop, engineering
space, or fabrication area, where one or more employees are performing
job tasks.
(37) Working surface. Any surface where work is occurring, or areas
where tools, materials, and equipment are being staged for performing
work.
(38) Worksite. A general work location where one or more employees
are performing work, such as a shipyard, pier, barge, vessel, or vessel
section.
(c) Effective dates. This final rule becomes effective and
enforceable on August 1, 2011, except for the provisions in Sec.
1915.89, which become effective and enforceable on October 31, 2011.
Sec. 1915.81 Housekeeping.
(a) General requirements.
(1) The employer shall establish and maintain good housekeeping
practices to eliminate hazards to employees to the extent practicable.
(2) The employer shall eliminate slippery conditions, such as snow
and ice, on walkways and working surfaces as necessary. If it is not
practicable for the employer to remove slippery conditions, the employer
either shall:
(i) Restrict employees to designated walkways and working surfaces
where the employer has eliminated slippery conditions; or
(ii) Provide slip-resistant footwear in accordance with 29 CFR part
1915, subpart I.
(3) The employer shall store materials in a manner that does not
create a hazard for employees.
(4) The employer shall maintain easy and open access to each fire-
alarm box, fire-call station, fire-fighting equipment, and each exit,
including ladders, staircases, scaffolds, and gangways.
(5) The employer shall dispose of flammable and combustible
substances, such as paint thinners, solvents, rags, scrap, and waste, or
store them in covered fire-resistant containers at the end of each
workshift or when the job is completed, whichever occurs first.
(b) Walkways.
(1) In addition to the requirements in paragraph (a), the employer
also shall ensure that each walkway:
(i) Provides adequate passage;
(ii) Is clear of debris, including solid and liquid wastes, that may
create a hazard for employees;
(iii) Is clear of tools, materials, equipment, and other objects
that may create a hazard for employees; and
(iv) Is clear of hoses and electrical service cords. The employer
shall:
(A) Place each hose and cord above walkways in a location that will
prevent injury to employees and damage to the hoses and cords;
(B) Place each hose and cord underneath walkways;
(C) Place each hose and cord on walkways, provided the hoses and
cords are covered by crossovers or other means that will prevent
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injury to employees and damage to the hoses and cords; or
(D) Protect each hose and cord by other suitable means.
(2) While a walkway or part of a walkway is being used as a working
surface, the employer shall cordon off that portion to prevent it from
being used as a walkway.
(c) Working surfaces. In addition to the requirements in paragraph
(a), the employer also shall ensure that each working surface:
(1) Is cleared of tools, materials, and equipment that are not
necessary to perform the job in progress;
(2) Is cleared of debris, including solid and liquid wastes, at the
end of each workshift or job, whichever occurs first;
(3) Is maintained, so far as practicable, in a dry condition. When a
wet process is used, the employer shall maintain drainage and provide
false floors, platforms, mats, or other dry standing places. When the
employer demonstrates that this procedure is not practicable, the
employer shall provide each employee working in the wet process with
protective footgear, in accordance with 29 CFR part 1915, subpart I.
Sec. 1915.82 Lighting.
(a) General Requirements. (1) The employer shall ensure that each
work area and walkway is adequately lighted whenever an employee is
present.
(2) For landside areas, the employer shall provide illumination that
meets the levels set forth in Table F-1 to Sec. 1915.82.
Table F-1 to Sec. 1915.82--Minimum Lighting Intensities in Foot-
Candles
------------------------------------------------------------------------
Lumens (foot-candles) Area or operation
------------------------------------------------------------------------
3............................ General areas on vessels and vessel
sections such as accessways, exits,
gangways, stairs, and walkways.
5............................ General landside areas such as corridors,
exits, stairs, and walkways.
5............................ All assigned work areas on any vessel or
vessel section.
5............................ Landside tunnels, shafts, vaults, pumping
stations, and underground work areas.
10........................... Landside work areas such as machine
shops, electrical equipment rooms,
carpenter shops, lofts, tool rooms,
warehouses, and outdoor work areas.
10........................... Changing rooms, showers, sewered toilets,
and eating, drinking, and break areas.
30........................... First aid stations, infirmaries, and
offices.
------------------------------------------------------------------------
Note to table F-1 to Sec. 1915.82: The required illumination levels
in this table do not apply to emergency or portable lights.
(3) For vessels and vessel sections, the employer shall provide
illumination that meets the levels set forth in the table to paragraph
(a)(2) or meet ANSI/IESNA RP-7-01 (incorporated by reference, see
1915.5).
(4) When adequate illumination is not obtainable by permanent
lighting sources, temporary lighting may be used as supplementation.
(5) The employer shall ensure that neither matches nor open-flame
devices are used for lighting.
(b) Temporary lights. The employer shall ensure that temporary
lights meet the following requirements:
(1) Lights with bulbs that are not completely recessed are equipped
with guards to prevent accidental contact with the bulb;
(2) Lights are equipped with electric cords designed with sufficient
capacity to safely carry the electric load;
(3) Connections and insulation on electric cords are maintained in a
safe condition;
(4) Lights and lighting stringers are not suspended solely by their
electric cords unless they are designed by the manufacturer to be
suspended in this way;
(5) Lighting stringers do not overload branch circuits;
(6) Branch circuits are equipped with over-current protection with a
capacity that does not exceed the rated current-carrying capacity of the
cord used;
(7) Splices have insulation with a capacity that exceeds that of the
original insulation of the cord; and
(8) Exposed, non-current-carrying metal parts of lights are
grounded. The employer shall ensure that grounding is provided either
through a third wire in the cord containing the circuit conductors or
through a separate wire that is grounded at the source of the current.
Grounding shall be done in accordance with the requirements of 29 CFR
1910, subpart S.
(c) Portable lights. (1) In any dark area that does not have
permanent or temporary lights, where lights are not working, or where
lights are not readily accessible, the employer shall provide portable
or emergency lights and ensure that employees do not enter those areas
without such lights.
(2) Where the only means of illumination on a vessel or vessel
section are from lighting sources that are not part of the vessel or
vessel section, the employer shall provide portable or emergency lights
for the safe movement of each employee. If natural sunlight provides
sufficient illumination, portable or emergency lights are not required.
[[Page 71]]
(d) Explosion-proof, self-contained lights. The employer shall
provide and ensure that each employee uses only explosion-proof, self-
contained temporary and portable lights, approved for hazardous
conditions by a nationally recognized testing laboratory (NRTL), in any
area that the atmosphere is determined to contain a concentration of
flammable vapors that are at or above 10 percent of the lower explosive
limit (LEL) as specified in 29 CFR part 1915, subparts B and C.
Sec. 1915.83 Utilities.
(a) Steam supply system. (1) The employer shall ensure that the
vessel's steam piping system, including hoses, is designed to safely
handle the working pressure prior to supplying steam from an outside
source. The employer shall obtain a written or oral determination from a
responsible vessel's representative, a contractor, or any other person
who is qualified by training, knowledge, or experience to make such
determination that the working pressure of the vessel's steam piping
system is safe.
(2) The employer shall ensure that each outside steam supply
connected to a vessel's steam piping system meets the following
requirements:
(i) A pressure gauge and a relief valve are installed at the point
where the temporary steam hose joins the vessel's steam piping system;
(ii) Each relief valve is set to relieve excess steam at, and is
capable of relieving steam at, a pressure that does not exceed the safe
working pressure of the system in its present condition;
(iii) There are no means of inadvertently disconnecting any relief
valve from the system that it protects;
(iv) Each pressure gauge and relief valve is legible and located so
it is visible and readily accessible; and
(v) Each relief valve is positioned so it is not likely to cause
injury if steam is released.
(b) Steam hoses. The employer shall ensure that each steam hose
meets the following requirements:
(1) The steam hose and its fittings are used in accordance with
manufacturer's specifications;
(2) Each steam hose is hung tightly with short bights that prevent
chafing and to reduce tension on the hose and its fittings;
(3) Each steam hose is protected from damage; and
(4) Each steam hose or temporary steam piping, including metal
fittings and couplings, that pass through a walking or working area is
shielded to protect employees from contact.
(c) Electric shore power. When a vessel is supplied with electric
shore power, the employer shall take the following precautions prior to
energizing any of the vessel's circuits:
(1) Ensure that the vessel is grounded;
(2) Equip each circuit to be energized with over-current protection
that does not exceed the rated current-carrying capacity of the
conductors; and
(3) Ensure that each circuit to be energized is in a safe condition.
The employer must obtain a determination of the safe condition, either
orally or in writing, from a responsible vessel's representative, a
contractor, or any other person who is qualified by training, knowledge,
or experience to make such determination.
(d) Heat lamps. The employer shall ensure that each heat lamp,
including the face, is equipped with surround-type guards to prevent
contact with the lamp and bulb.
Sec. 1915.84 Working alone.
(a) Except as provided in Sec. 1915.51(c)(3) of this part, whenever
an employee is working alone, such as in a confined space or isolated
location, the employer shall account for each employee:
(1) Throughout each workshift at regular intervals appropriate to
the job assignment to ensure the employee's safety and health; and
(2) At the end of the job assignment or at the end of the workshift,
whichever occurs first.
(b) The employer shall account for each employee by sight or verbal
communication.
Sec. 1915.85 Vessel radar and communication systems.
(a) The employer shall service each vessel's radar and communication
systems in accordance with 29 CFR 1915.89, Control of Hazardous Energy.
(b) The employer shall secure each vessel's radar and communication
system so it is incapable of energizing or emitting radiation before any
employee begins work:
(1) On or in the vicinity of the system;
(2) On or in the vicinity of a system equipped with a dummy load; or
(3) Aloft, such as on a mast or king post.
(c) When a vessel's radar or communication system is operated,
serviced, repaired, or tested, the employer shall ensure that:
(1) There is no other work in progress aloft; and
(2) No employee is closer to the system's antenna or transmitter
than the manufacturer's specified safe minimum distance for the type,
model, and power of the equipment.
(d) The employer shall ensure that no employee enters an area
designated as hazardous by manufacturers' specifications while a radar
or communication system is capable of emitting radiation.
[[Page 72]]
(e) The requirements of this section do not apply when a radar or
communication system is incapable of emitting radiation at levels that
could injure workers in the vicinity of the system, or if the radar or
communication system is incapable of energizing in a manner than could
injure workers working on or in the vicinity of the system.
Sec. 1915.86 Lifeboats.
(a) Before any employee works in or on a stowed or suspended
lifeboat, the employer shall secure the lifeboat independently from the
releasing gear to prevent it from falling or capsizing.
(b) The employer shall not permit any employee to be in a lifeboat
while it is being hoisted or lowered, except when the employer
demonstrates that it is necessary to conduct operational tests or drills
over water, or in the event of an emergency.
(c) The employer shall not permit any employee to work on the
outboard side of a lifeboat that is stowed on chocks unless the lifeboat
is secured by gripes or another device that prevents it from swinging.
Sec. 1915.87 Medical services and first aid.
(a) General requirement. The employer shall ensure that emergency
medical services and first aid are readily accessible.
(b) Advice and consultation. The employer shall ensure that
healthcare professionals are readily available for advice and
consultation on matters of workplace health.
(c) First aid providers. (1) The employer shall ensure that there is
an adequate number of employees trained as first aid providers at each
worksite during each workshift unless:
(i) There is an on-site clinic or infirmary with first aid providers
during each workshift; or
(ii) The employer can demonstrate that outside first aid providers
(i.e., emergency medical services) can reach the worksite within five
(5) minutes of a report of injury or illness. The employer must take
appropriate steps to ascertain that emergency medical assistance will be
readily available promptly if an injury or illness occurs.
(2) The employer shall ensure that a first aid provider is able to
reach an injured/ill employee within five (5) minutes of a report of a
serious injury, illness, or accident such as one involving cardiac
arrest, acute breathing problems, uncontrolled bleeding, suffocation,
electrocution, or amputation.
(3) The employer shall use the following factors in determining the
number and location of employees who must have first aid training: size
and location of each worksite; the number of employees at each worksite;
the hazards present at each worksite; and the distance of each worksite
from hospitals, clinics, and rescue squads.
(4) The employer shall ensure that first aid providers are trained
to render first aid, including cardiopulmonary resuscitation (CPR).
(5) The employer shall ensure that each first aid provider maintains
current first aid and CPR certifications, such as issued by the Red
Cross, American Heart Association, or other equivalent organization.
(d) First aid supplies. (1) The employer shall provide and maintain
adequate first aid supplies that are readily accessible to each
worksite. An employer's on-site infirmary or clinic containing first aid
supplies that are readily accessible to each worksite complies with this
requirement.
(2) The employer shall ensure that the placement, content, and
amount of first aid supplies are adequate for the size and location of
each worksite, the number of employees at each worksite, the hazards
present at each worksite, and the distance of each worksite from
hospitals, clinics, and rescue squads.
(3) The employer shall ensure that first aid supplies are placed in
a weatherproof container.
(4) The employer shall maintain first aid supplies in a dry,
sterile, and serviceable condition.
(5) The employer shall replenish first aid supplies as necessary to
ensure that there is an adequate supply when needed.
(6) The employer shall inspect first aid supplies at sufficient
intervals to ensure that they are adequate and in a serviceable
condition.
(e) Quick-drenching and flushing facilities. Where the potential
exists for an employee to be splashed with a substance that may result
in an acute or serious injury, the employer shall provide facilities for
quick-drenching or flushing the eyes and body. The employer shall ensure
that such a facility is located for immediate emergency use within close
proximity to operations where such substances are being used.
(f) Basket stretchers. (1) The employer shall provide an adequate
number of basket stretchers, or the equivalent, readily accessible to
where work is being performed on a vessel or vessel section. The
employer is not required to provide basket stretchers or the equivalent
where emergency response services have basket stretchers or the
equivalent that meet the requirements of this paragraph.
(2) The employer shall ensure each basket stretcher, or the
equivalent, is equipped with:
(i) Permanent lifting bridles that enable the basket stretcher, or
the equivalent, to be attached to hoisting gear capable of lifting at
least 5,000 pounds (2,270 kg);
(ii) Restraints that are capable of securely holding the injured/ill
employee while the
[[Page 73]]
basket stretcher, or the equivalent, is lifted or moved; and
(iii) A blanket or other suitable covering for the injured/ill
employee.
(3) The employer shall store basket stretchers, or the equivalent,
and related equipment (i.e., restraints, blankets) in a clearly marked
location in a manner that prevents damage and protects the equipment
from environmental conditions.
(4) The employer shall inspect stretchers, or the equivalent, and
related equipment at intervals that ensure the equipment remains in a
safe and serviceable condition, but at least once a year.
Appendix A to Sec. 1915.87--First Aid Kits and Automated External
Defibrillators (Non-Mandatory)
1. First aid supplies are required to be adequate and readily
accessible under paragraphs Sec. 1915.87(a) and (d). An example of the
minimal contents of a generic first aid kit for workplace settings is
described in ANSI/ISEA Z308.1-2009, ``Minimum Requirements for Workplace
First Aid Kits and Supplies'' (incorporated by reference as specified in
Sec. 1915.5). The contents of the kit listed in this ANSI standard
should be adequate for small worksites. When larger operations or
multiple operations are being conducted at the same worksite, employers
should determine the need for additional first aid kits, additional
types of first aid equipment and supplies, and additional quantities and
types of supplies and equipment in the first aid kits.
2. In a similar fashion, employers that have unique or changing
first aid needs at their worksite may need to enhance their first aid
kits. The employer can use the OSHA 300 Log, OSHA 301 Incident Report
form, or other reports to identify these unique problems. Consultation
from the local fire or rescue department, appropriate healthcare
professional or local emergency room may be helpful to employers in
these circumstances. By assessing the specific needs of their worksite,
employers can ensure that reasonably anticipated supplies are available.
Employers should assess the specific needs of their worksite
periodically, and augment first aid kits appropriately.
3. If it is reasonably anticipated that employees will be exposed to
blood or other potentially infectious materials while using first aid
supplies, employers must provide appropriate personal protective
equipment (PPE) in compliance with the provisions of the Occupational
Exposure to Bloodborne Pathogens standard, Sec. 1910.1030(d)(3). This
standard lists appropriate PPE for this type of exposure, such as
gloves, gowns, face shields, masks, and eye protection.
4. Employers who provide automated external defibrillators (AEDs) at
their workplaces should designate who will use AEDs and train those
employees so they know how to correctly use the AEDs. Although a growing
number of AEDs are now designed to be used by any person, even without
training, training reinforces proper use and promotes the usefulness of
AEDs as part of an effective cardiopulmonary resuscitation plan. For
AEDs to be effective, employers should:
a. Ensure that AEDs are located so they can be utilized within three
to five minutes of a report of an accident or injury;
b. Ensure that employees use AEDs in accordance with manufacturers'
specifications; and
c. Inspect, test, and maintain AEDs in accordance with
manufacturers' specifications.
Sec. 1915.88 Sanitation.
(a) General requirements. (1) The employer shall provide adequate
and readily accessible sanitation facilities.
(2) The employer shall establish and implement a schedule for
servicing, cleaning, and supplying each facility to ensure it is
maintained in a clean, sanitary, and serviceable condition.
(b) Potable water. (1) The employer shall provide potable water for
all employee health and personal needs and ensure that only potable
water is used for these purposes.
(2) The employer shall provide potable drinking water in amounts
that are adequate to meet the health and personal needs of each
employee.
(3) The employer shall dispense drinking water from a fountain, a
covered container with single-use drinking cups stored in a sanitary
receptacle, or single-use bottles. The employer shall prohibit the use
of shared drinking cups, dippers, and water bottles.
(c) Non-potable water. (1) The employer may use non-potable water
for other purposes such as firefighting and cleaning outdoor premises so
long as it does not contain chemicals, fecal matter, coliform, or other
substances at levels that may create a hazard for employees.
(2) The employer shall clearly mark non-potable water supplies and
outlets as ``not safe for health or personal use.''
(d) Toilets. (1) General requirements. The employer shall ensure
that sewered and portable toilets:
(i) Provide privacy at all times. When a toilet facility contains
more than one toilet, each toilet shall occupy a separate compartment
with a door and walls or partitions that are sufficiently high to ensure
privacy; and
(ii) Are separate for each sex, except as provided in (d)(1)(ii)(B)
of this section;
(A) The number of toilets provided for each sex shall be based on
the maximum number of employees of that sex present at the worksite at
any one time during a workshift. A
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single-occupancy toilet room shall be counted as one toilet regardless
of the number of toilets it contains; and
(B) The employer does not have to provide separate toilet facilities
for each sex when they will not be occupied by more than one employee at
a time, can be locked from the inside, and contain at least one toilet.
(iii) The employer shall establish and implement a schedule to
ensure that each sewered and portable toilet is maintained in a clean,
sanitary, and serviceable condition.
(2) Minimum number of toilets. (i) The employer shall provide at
least the following number of toilets for each sex. Portable toilets
that meet the requirements of paragraph (d)(3) of this section may be
included in the minimum number of toilets.
Table F-2 to Sec. 1915.88
------------------------------------------------------------------------
Minimum number of toilets
Number of employees of each sex per sex
------------------------------------------------------------------------
1 to 15................................... 1
16 to 35.................................. 2
36 to 55.................................. 3
56 to 80.................................. 4
81 to 110................................. 5
111 to 150................................ 6
Over 150.................................. 1 additional toilet for each
additional 40 employees.
------------------------------------------------------------------------
Note to Table F-2 of Sec. 1915.88: When toilets will only be used by
men, urinals may be provided instead of toilets, except that the
number of toilets in such cases shall not be reduced to less than two-
thirds of the minimum specified.
(3) Portable toilets. (i) The employer shall provide portable
toilets, pursuant to paragraph (d)(2)(i) and Table to paragraph (d)(2)
of this section, only when the employer demonstrates that it is not
feasible to provide sewered toilets, or when there is a temporary
increase in the number of employees for a short duration of time.
(ii) The employer shall ensure that each portable toilet is vented
and equipped, as necessary, with lighting.
(4) Exception for normally unattended worksites and mobile work
crews. The requirement to provide toilets does not apply to normally
unattended worksites and mobile work crews, provided that the employer
ensures that employees have immediately available transportation to
readily accessible sanitation facilities that are maintained in a clean,
sanitary, and serviceable condition and meet the other requirements of
this section.
(e) Handwashing facilities. (1) The employer shall provide
handwashing facilities at or adjacent to each toilet facility.
(2) The employer shall ensure that each handwashing facility:
(i) Is equipped with either hot and cold or lukewarm running water
and soap, or with waterless skin-cleansing agents that are capable of
disinfecting the skin or neutralizing the contaminants to which the
employee may be exposed; and
(ii) If the facility uses soap and water, it is supplied with clean,
single-use hand towels stored in a sanitary container and a sanitary
means for disposing of them, clean individual sections of continuous
cloth toweling, or a hand-drying air blower.
(3) The employer shall inform each employee engaged in the
application of paints or coatings or in other operations in which
hazardous or toxic substances can be ingested or absorbed about the need
for removing surface contaminants from their skins surface by thoroughly
washing their hands and face at the end of the workshift and prior to
eating, drinking, or smoking.
(f) Showers. (1) When showers are required by an OSHA standard, the
employer shall provide one shower for each 10, or fraction of 10,
employees of each sex who are required to shower during the same
workshift.
(2) The employer shall ensure that each shower is equipped with
soap, hot and cold water, and clean towels for each employee who uses
the shower.
(g) Changing rooms. When an employer provides protective clothing to
prevent employee exposure to hazardous or toxic substances, the employer
shall provide the following:
(1) Changing rooms that provide privacy for each sex; and
(2) Storage facilities for street clothes, as well as separate
storage facilities for protective clothing.
(h) Eating, drinking, and break areas. The employer shall ensure
that food, beverages, and tobacco products are not consumed or stored in
any area where employees may be exposed to hazardous or toxic
substances.
(i) Waste disposal. (1) The employer shall provide waste receptacles
that meet the following requirements:
(i) Each receptacle is constructed of materials that are corrosion
resistant, leak-proof, and easily cleaned or disposable;
(ii) Each receptacle is equipped with a solid tight-fitting cover,
unless it can be kept in clean, sanitary, and serviceable condition
without the use of a cover;
(iii) Receptacles are provided in numbers, sizes, and locations that
encourage their use; and
(iv) Each receptacle is emptied as often as necessary to prevent it
from overfilling and in a manner that does not create a hazard for
employees. Waste receptacles for food shall be emptied at least every
day, unless unused.
(2) The employer shall not permit employees to work in the immediate
vicinity of uncovered garbage that could endanger their safety and
health.
(3) The employer shall ensure that employees working beneath or on
the outboard side of a vessel are not contaminated by drainage or waste
from overboard discharges.
[[Page 75]]
(j) Vermin control. (1) To the extent reasonably practicable, the
employer shall clean and maintain the workplace in a manner that
prevents vermin infestation.
(2) Where vermin are detected, the employer shall implement and
maintain an effective vermin-control program.
Sec. 1915.89 Control of hazardous energy (lockout/tags-plus).
(a) Scope, application, and effective dates . (1) Scope. This
section covers the servicing of machinery, equipment, and systems when
the energization or startup of machinery, equipment, or systems, or the
release of hazardous energy, could endanger an employee.
(2) Application. (i) This section applies to the servicing of any
machinery, equipment, or system that employees use in the course of
shipyard employment work and that is conducted:
(A) In any landside facility that performs shipyard employment work;
and
(B) On any vessel or vessel section.
(ii) This section applies to such servicing conducted on a vessel by
any employee including, but not limited to, the ship's officers and crew
unless such application is preempted by the regulations of another
federal agency.
(3) When other standards in 29 CFR part 1915 and applicable
standards in 29 CFR part 1910 require the use of a lock or tag, the
employer shall use and supplement them with the procedural and training
requirements specified in this section.
(4) Exceptions. This section does not apply to:
(i) Work on cord-and-plug-connected machinery, equipment, or system,
provided the employer ensures that the machinery, equipment, or system
is unplugged and the plug is under the exclusive control of the employee
performing the servicing;
(ii) Minor servicing activities performed during normal production
operations, including minor tool changes and adjustments, that are
routine, repetitive, and integral to the use of the machinery,
equipment, or system, provided the employer ensures that the work is
performed using measures that provide effective protection from
energization, startup, or the release of hazardous energy.
(b) Lockout/tags-plus program. The employer shall establish and
implement a written program and procedures for lockout and tags-plus
systems to control hazardous energy during the servicing of any
machinery, equipment, or system in shipyard employment. The program
shall cover:
(1) Procedures for lockout/tags-plus systems while servicing
machinery, equipment, or systems in accordance with paragraph (c) of
this section;
(2) Procedures for protecting employees involved in servicing any
machinery, equipment, or system in accordance with paragraphs (d)
through (m) of this section;
(3) Specifications for locks and tags-plus hardware in accordance
with paragraph (n) of this section;
(4) Employee information and training in accordance with paragraph
(o) of this section;
(5) Incident investigations in accordance with paragraph (p) of this
section; and
(6) Program audits in accordance with paragraph (q) of this section.
(c) General requirements. (1) The employer shall ensure that, before
any authorized employee performs servicing when energization or startup,
or the release of hazardous energy, may occur, all energy sources are
identified and isolated, and the machinery, equipment, or system is
rendered inoperative.
(2) If an energy-isolating device is capable of being locked, the
employer shall ensure the use of a lock to prevent energization or
startup, or the release of hazardous energy, before any servicing is
started, unless the employer can demonstrate that the utilization of a
tags-plus system will provide full employee protection as set forth in
paragraph (c)(6) of this section.
(3) If an energy-isolating device is not capable of being locked,
the employer shall ensure the use of a tags-plus system to prevent
energization or startup, or the release of hazardous energy, before any
servicing is started.
(4) Each tags-plus system shall consist of:
(i) At least one energy-isolating device with a tag affixed to it;
and
(ii) At least one additional safety measure that, along with the
energy-isolating device and tag required in (c)(4)(i) of this section,
will provide the equivalent safety available from the use of a lock.
Note to paragraph (c)(4) of this section: When the Navy ship's force
maintains control of the machinery, equipment, or systems on a vessel
and has implemented such additional measures it determines are
necessary, the provisions of paragraph (c)(4)(ii) of this section shall
not apply, provided that the employer complies with the verification
procedures in paragraph (g) of this section.
(5) After October 31, 2011, the employer shall ensure that each
energy-isolating device for any machinery, equipment, or system is
designed to accept a lock whenever the machinery, equipment, or system
is extensively repaired, renovated, modified, or replaced, or whenever
new machinery, equipment, or systems are installed. This requirement
does not apply when a shipyard employer:
(i) Does not own the machinery, equipment, or system; or
(ii) Builds or services a vessel or vessel section according to
customer specifications.
[[Page 76]]
(6) Full employee protection. (i) When a tag is used on an energy-
isolating device that is capable of being locked out, the tag shall be
attached at the same location that the lock would have been attached,
and;
(ii) The employer shall demonstrate that the use of a tags-plus
system will provide a level of safety equivalent to that obtained by
using a lock. In demonstrating that an equivalent level of safety is
achieved, the employer shall:
(A) Demonstrate full compliance with all tags-plus-related
provisions of this standard; and
(B) Implement such additional safety measures as are necessary to
provide the equivalent safety available from the use of a lock.
Note to paragraph (c)(6) of this section: When the Navy ship's force
maintains control of the machinery, equipment, or systems on a vessel
and has implemented such additional measures it determines are
necessary, the provisions of paragraph (c)(6)(ii)(B) of this section do
not apply, provided that the employer complies with the verification
procedures in paragraph (g) of this section.
(7) Lockout/tags-plus coordination. (i) The employer shall establish
and implement lockout/tags-plus coordination when:
(A) Employees on vessels and in vessel sections are servicing
multiple machinery, equipment, or systems at the same time; or
(B) Employees on vessels, in vessel sections, and at landside
facilities are performing multiple servicing operations on the same
machinery, equipment, or system at the same time.
(ii) The coordination process shall include a lockout/tags-plus
coordinator and a lockout/tags-plus log. Each log shall be specific to
each vessel, vessel section, and landside work area.
(iii) The employer shall designate a lockout/tags-plus coordinator
who is responsible for overseeing and approving:
(A) The application of each lockout and tags-plus system;
(B) The verification of hazardous-energy isolation before the
servicing of any machinery, equipment, or system begins; and
(C) The removal of each lockout and tags-plus system.
(iv) The employer shall ensure that the lockout/tags-plus
coordinator maintains and administers a continuous log of each lockout
and tags-plus system. The log shall contain:
(A) Location of machinery, equipment, or system to be serviced;
(B) Type of machinery, equipment, or system to be serviced;
(C) Name of the authorized employee applying the lockout/tags-plus
system;
(D) Date that the lockout/tags-plus system is applied;
(E) Name of authorized employee removing the lock or tags-plus
system; and
(F) Date that lockout/tags-plus system is removed.
Note to paragraph (c)(7) of this section: When the Navy ship's force
serves as the lockout/tags-plus coordinator and maintains control of the
lockout/tags-plus log, the employer will be in compliance with the
requirements in paragraph (c)(7) of this section when coordination
between the ship's force and the employer occurs to ensure that
applicable lockout/tags-plus procedures are followed and documented.
(d) Lockout/tags-plus written procedures. (1) The employer shall
establish and implement written procedures to prevent energization or
startup, or the release of hazardous energy, during the servicing of any
machinery, equipment, or system. Each procedure shall include:
(i) A clear and specific outline of the scope and purpose of the
lockout/tags-plus procedure;
(ii) The means the employer will use to enforce compliance with the
lockout/tags-plus program and procedures; and
(iii) The steps that must be followed for:
(A) Preparing for shutting down and isolating of the machinery,
equipment, or system to be serviced, in accordance with paragraph (e) of
this section;
(B) Applying the lockout/tags-plus system, in accordance with
paragraph (f) of this section;
(C) Verifying isolation, in accordance with paragraph (g) of this
section;
(D) Testing the machinery, equipment, or system, in accordance with
paragraph (h) of this section;
(E) Removing lockout/tags-plus systems, in accordance with paragraph
(i) of this section;
(F) Starting up the machinery, equipment, or system that is being
serviced, in accordance with paragraph (j) of this section;
(G) Applying lockout/tags-plus systems in group servicing
operations, in accordance with paragraph (k) of this section;
(H) Addressing multi-employer worksites involved in servicing any
machinery, equipment, or system, in accordance with paragraph (l) of
this section; and
(I) Addressing shift or personnel changes during servicing
operations, in accordance with paragraph (m) of this section.
Note to paragraph (d)(1) of this section: The employer need only
develop a single procedure for a group of similar machines, equipment,
or systems if the machines, equipment, or systems have the same type and
magnitude of energy and the same or similar types of controls, and if a
single procedure can satisfactorily address the hazards and the steps to
be taken to control these hazards.
(2) The employer's lockout procedures do not have to be in writing
for servicing machinery, equipment, or systems, provided that all of the
following conditions are met:
[[Page 77]]
(i) There is no potential for hazardous energy to be released (or to
reaccumulate) after shutting down, or restoring energy to, the
machinery, equipment, or system;
(ii) The machinery, equipment, or system has a single energy source
that can be readily identified and isolated;
(iii) The isolation and lock out of that energy source will result
in complete de-energization and deactivation of the machinery,
equipment, or system, and there is no potential for reaccumulation of
energy;
(iv) The energy source is isolated and secured from the machinery,
equipment, or system during servicing;
(v) Only one lock is necessary for isolating the energy source;
(vi) The lock is under the exclusive control of the authorized
employee performing the servicing;
(vii) The servicing does not create a hazard for any other employee;
and
(viii) The employer, in utilizing this exception, has not had any
accidents or incidents involving the activation or reenergization of
this type of machinery, equipment, or system during servicing.
(e) Procedures for shutdown and isolation. (1) Before an authorized
employee shuts down any machinery, equipment, or system, the employer
shall:
(i) Ensure that the authorized employee has knowledge of:
(A) The source, type, and magnitude of the hazards associated with
energization or startup of the machine, equipment, or system;
(B) The hazards associated with the release of hazardous energy; and
(C) The means to control these hazards; and
(ii) Notify each affected employee that the machinery, equipment, or
system will be shut down and deenergized prior to servicing, and that a
lockout/tags-plus system will be implemented.
(2) The employer shall ensure that the machinery, equipment, or
system is shut down according to the written procedures the employer
established.
(3) The employer shall use an orderly shutdown to prevent exposing
any employee to risks associated with hazardous energy.
(4) The employer shall ensure that the authorized employee relieves,
disconnects, restrains, or otherwise renders safe all potentially
hazardous energy that is connected to the machinery, equipment, or
system.
Note to paragraph (e) of this section: When the Navy ship's force
shuts down any machinery, equipment, or system, and relieves,
disconnects, restrains, or otherwise renders safe all potentially
hazardous energy that is connected to the machinery, equipment, or
system, the employer will be in compliance with the requirements in
paragraph (e) of this section when the employer's authorized employee
verifies that the machinery, equipment, or system being serviced has
been properly shut down, isolated, and deenergized.
(f) Procedures for applying lockout/tags-plus systems. (1) The
employer shall ensure that only an authorized employee applies a
lockout/tags-plus system.
(2) When using lockout systems, the employer shall ensure that the
authorized employee affixes each lock in a manner that will hold the
energy-isolating device in a safe or off position.
(3) When using tags-plus systems, the employer shall ensure that the
authorized employee affixes a tag directly to the energy-isolating
device that clearly indicates that the removal of the device from a safe
or off position is prohibited.
(4) When the tag cannot be affixed directly to the energy-isolating
device the employer shall ensure that the authorized employee locates it
as close as safely possible to the device, in a safe and immediately
obvious position.
(5) The employer shall ensure that each energy-isolating device that
controls energy to the machinery, equipment, or system is effective in
isolating the machinery, equipment, or system from all potentially
hazardous energy source(s).
Note to paragraph (f) of this section: When the Navy ship's force
applies the lockout/tags-plus systems or devices, the employer will be
in compliance with the requirements in paragraph (f) of this section
when the employer's authorized employee verifies the application of the
lockout/tags-plus systems or devices.
(g) Procedures for verification of deenergization and isolation. (1)
Before servicing machinery, equipment, or a system that has a lockout/
tags-plus system, the employer shall ensure that the authorized
employee, or the primary authorized employee in a group lockout/tags-
plus application, verifies that the machinery, equipment, or system is
deenergized and all energy sources isolated.
(2) The employer shall ensure that the authorized employee, or the
primary authorized employee in a group lockout/tags-plus application,
continues verifying deenergization and isolation while servicing the
machinery, equipment, or system.
(3) Each authorized employee in a group lockout/tags-plus
application who will be servicing the machinery, equipment, or system
must be given the option to verify that the machinery, equipment, or
system is deenergized and all energy sources isolated, even when
verification is performed by the primary authorized employee.
(h) Procedures for testing. In each situation in which a lockout/
tags-plus system must be removed temporarily and the machinery,
equipment, or system restarted to test it or
[[Page 78]]
to position a component, the employer shall ensure that the authorized
employee does the following in sequence:
(1) Clears tools and materials from the work area;
(2) Removes nonessential employees from the work area;
(3) Removes each lockout/tags-plus system in accordance with
paragraph (i) of this section;
(4) Restarts the machinery, equipment, or system and then proceeds
with testing or positioning; and
(5) After completing testing or positioning, deenergizes and shuts
down the machinery, equipment, or system and reapplies all lockout/tags-
plus systems in accordance with paragraphs (e)-(g) of this section to
continue servicing.
Note to paragraph (h) of this section: When the Navy ship's force
serves as the lockout/tags-plus coordinator, performs the testing, and
maintains control of the lockout/tags-plus systems or devices during
testing, the employer is in compliance with paragraph (h) when the
employer's authorized employee acknowledges to the lockout/tags-plus
coordinator that the employer's personnel and tools are clear and the
machinery, equipment, or system being serviced is ready for testing, and
upon completion of the testing, verifies the reapplication of the
lockout/tags-plus systems.
(i) Procedures for removal of lockout and tags-plus systems. (1)
Before removing any lockout/tags-plus system and restoring the
machinery, equipment, or system to use, the employer shall ensure that
the authorized employee does the following:
(i) Notifies all other authorized and affected employees that the
lockout/tags-plus system will be removed;
(ii) Ensures that all employees in the work area have been safely
positioned or removed; and
(iii) Inspects the work area to ensure that nonessential items have
been removed and machinery, equipment, or system components are
operationally intact.
(2) The employer shall ensure that each lock or tags-plus system is
removed by the authorized employee who applied it.
(3) When the authorized employee who applied the lockout/tags-plus
system is not available to remove it, the employer may direct removal by
another authorized employee, provided the employer developed and
incorporated into the lockout/tags-plus program the specific procedures
and training that address such removal, and demonstrates that the
specific procedures used provide a level of employee safety that is at
least as effective in protecting employees as removal of the system by
the authorized employee who applied it. After meeting these
requirements, the employer shall do the following in sequence:
(i) Verify that the authorized employee who applied the lockout/
tags-plus system is not in the facility;
(ii) Make all reasonable efforts to contact the authorized employee
to inform him/her that the lockout/tags-plus system has been removed;
and
(iii) Ensure that the authorized employee who applied the lock or
tags-plus system has knowledge of the removal before resuming work on
the affected machinery, equipment, or system.
Note to paragraph (i) of this section: When the Navy ship's force
serves as lockout/tags-plus coordinator and removes the lockout/tags-
plus systems or devices, the employer is in compliance with the
requirements in paragraph (i) of this section when the employer's
authorized employee informs the lockout/tags-plus coordinator that the
procedures in paragraph (i)(1) of this section have been performed.
(j) Procedures for startup. (1) Before an authorized employee turns
on any machinery, equipment, or system after servicing is completed, the
employer shall ensure that the authorized employee has knowledge of the
source, type, and magnitude of the hazards associated with energization
or startup, and the means to control these hazards.
(2) The employer shall execute an orderly startup to prevent or
minimize any additional or increased hazard(s) to employees. The
employer shall perform the following tasks before starting up the
machinery, equipment, or system:
(i) Clear tools and materials from the work area;
(ii) Remove any non-essential employees from the work area; and
(iii) Start up the machinery, equipment, or system according to the
detailed procedures the employer established for that machinery,
equipment, or system.
Note to paragraph (j) of this section: When the Navy ship's force
serves as lockout/tags-plus coordinator and maintains control of the
lockout/tags-plus systems or devices during startup, and the employer is
prohibited from starting up the machinery, equipment, or system, the
employer is in compliance with the requirements in paragraph (j) of this
section when the employer's authorized employee informs the lockout/
tags-plus coordinator the procedures in paragraphs (j)(2)(i) and
(j)(2)(ii) of this section have been performed.
(k) Procedures for group lockout/tags-plus. When more than one
authorized employee services the same machinery, equipment, or system at
the same time, the following procedures shall be implemented:
(1) Primary authorized employee. The employer shall:
[[Page 79]]
(i) Assign responsibility to one primary authorized employee for
each group of authorized employees performing servicing on the same
machinery, equipment, or system;
(ii) Ensure that the primary authorized employee determines the safe
exposure status of each authorized employee in the group with regard to
the lockout/tags-plus system;
(iii) Ensure that the primary authorized employee obtains approval
from the lockout/tags-plus coordinator to apply and remove the lockout/
tags-plus system; and
(iv) Ensure that the primary authorized employee coordinates the
servicing operation with the coordinator when required by paragraph
(c)(7)(i) of this section.
(2) Authorized employees. The employer shall either:
(i) Have each authorized employee apply a personal lockout/tags-plus
system; or
(ii) Use a procedure that the employer can demonstrate affords each
authorized employee a level of protection equivalent to the protection
provided by having each authorized employee apply a personal lockout/
tags-plus system. Such procedures shall incorporate a means for each
authorized employee to have personal control of, and accountability for,
his or her protection such as, but not limited to, having each
authorized employee:
(A) Sign a group tag (or a group tag equivalent), attach a personal
identification device to a group lockout device, or performs a
comparable action before servicing is started; and
(B) Sign off the group tag (or the group tag equivalent), remove the
personal identification device, or perform a comparable action when
servicing is finished.
Note to paragraph (k)(2) of this section: When the Navy ship's force
maintains control of the machinery, equipment, or systems on a vessel
and prohibits the employer from applying or removing the lockout/tags-
plus system or starting up the machinery, equipment, or systems being
serviced, the employer is in compliance with the requirements in
paragraphs (k)(1)(iii) and (k)(2), provided that the employer ensures
that the primary authorized employee takes the following steps in the
following order: (1) Before servicing begins and after deenergization,
(a) verifies the safe exposure status of each authorized employee, and
(b) signs a group tag (or a group tag equivalent) or performs a
comparable action; and (2) after servicing is complete and before
reenergization, (a) verifies the safe exposure status of each authorized
employee, and (b) signs off the group tag (or the group tag equivalent)
or performs a comparable action.
(l) Procedures for multi-employer worksites. (1) The host employer
shall establish and implement procedures to protect employees from
hazardous energy in multi-employer worksites. The procedures shall
specify the responsibilities for host and contract employers.
(2) Host employer responsibilities. The host employer shall carry
out the following responsibilities in multi-employer worksites:
(i) Inform each contract employer about the content of the host
employer's lockout/tags-plus program and procedures;
(ii) Instruct each contract employer to follow the host employer's
lockout/tags-plus program and procedures; and
(iii) Ensure that the lockout/tags-plus coordinator knows about all
servicing operations and communicates with each contract employer who
performs servicing or works in an area where servicing is being
conducted.
(3) Contract employer responsibilities. Each contract employer shall
perform the following duties when working in a multi-employer worksite:
(i) Follow the host employer's lockout/tags-plus program and
procedures;
(ii) Ensure that the host employer knows about the lockout/tags-plus
hazards associated with the contract employer's work and what the
contract employer is doing to address these hazards; and
(iii) Inform the host employer of any previously unidentified
lockout/tags-plus hazards that the contract employer identifies at the
multi-employer worksite.
Note 1 to paragraph (l) of this section: The host employer may
include provisions in its contract with the contract employer for the
contract employer to have more control over the lockout/tags-plus
program if such provisions will provide an equivalent level of
protection for the host employer's and contract employer's employees as
that provided by paragraph (l) of this section.
Note 2 to paragraph (l) of this section: When the U.S Navy contracts
directly with a contract employer and the Navy ship's force maintains
control of the lockout/tags-plus systems or devices, that contract
employer shall consider the Navy to be the host employer for the
purposes of Sec. 1915.89(l)(3).
(m) Procedures for shift or personnel changes. (1) The employer
shall establish and implement specific procedures for shift or personnel
changes to ensure the continuity of lockout/tags-plus protection.
(2) The employer shall establish and implement provisions for the
orderly transfer of lockout/tags-plus systems between authorized
employees when they are starting and ending their workshifts, or when
personnel changes occur during a workshift, to prevent energization or
startup of the machinery, equipment, or system being serviced or the
release of hazardous energy.
(n) Lockout/tags-plus materials and hardware. (1) The employer shall
provide locks and tags-plus system hardware used for isolating,
securing, or blocking machinery, equipment, or systems from all
hazardous-energy sources.
[[Page 80]]
(2) The employer shall ensure that each lock and tag is uniquely
identified for the purpose of controlling hazardous energy and is not
used for any other purpose.
(3) The employer shall ensure that each lock and tag meets the
following requirements:
(i) Durable. (A) Each lock and tag is capable of withstanding the
existing environmental conditions for the maximum period of time that
servicing is expected to last;
(B) Each tag is made so that weather conditions, wet or damp
conditions, corrosive substances, or other conditions in the work area
where the tag is used or stored will not cause it to deteriorate or
become illegible;
(ii) Standardized. (A) Each lock and tag is standardized in at least
one of the following areas: color, shape, or size; and
(B) Each tag is standardized in print and format;
(iii) Substantial. (A) Each lock is sturdy enough to prevent removal
without the use of extra force or unusual techniques, such as bolt
cutters or other metal-cutting tools;
(B) Each tag and tag attachment is sturdy enough to prevent
inadvertent or accidental removal;
(C) Each tag attachment has the general design and basic safety
characteristics of a one-piece, all-environment-tolerant nylon tie;
(D) Each tag attachment is non-reusable, attachable by hand, self-
locking, and non-releasable, and has a minimum unlocking strength of 50
pounds;
(iv) Identifiable. Each lock and tag indicates the identity of the
authorized employee applying it; and
(v) Each tag warns of hazardous conditions that could arise if the
machinery, equipment, or system is energized and includes a legend such
as one of the following: ``Do Not Start,'' ``Do Not Open,'' ``Do Not
Close,'' ``Do Not Energize,'' or ``Do Not Operate.''
(o) Information and training. (1) Initial training. The employer
shall train each employee in the applicable requirements of this section
no later than October 31, 2011.
(2) General training content. The employer shall train each employee
who is, or may be, in an area where lockout/tags-plus systems are being
used so they know:
(i) The purpose and function of the employer's lockout/tags-plus
program and procedures;
(ii) The unique identity of the locks and tags to be used in the
lockout/tags-plus system, as well as the standardized color, shape or
size of these devices;
(iii) The basic components of the tags-plus system: an energy-
isolating device with a tag affixed to it and an additional safety
measure;
(iv) The prohibition against tampering with or removing any lockout/
tags-plus system; and
(v) The prohibition against restarting or reenergizing any
machinery, equipment, or system being serviced under a lockout/tags-plus
system.
(3) Additional training requirements for affected employees. In
addition to training affected employees in the requirements in paragraph
(o)(2) of this section, the employer also shall train each affected
employee so he/she knows:
(i) The use of the employer's lockout/tags-plus program and
procedures;
(ii) That affected employees are not to apply or remove any lockout/
tags-plus system; and
(iii) That affected employees are not to bypass, ignore, or
otherwise defeat any lockout/tags-plus system.
(4) Additional training requirements for authorized employees. In
addition to training authorized employees in the requirements in
paragraphs (o)(2) and (o)(3) of this section, the employer also shall
train each authorized employee so he/she knows:
(i) The steps necessary for the safe application, use, and removal
of lockout/tags-plus systems to prevent energization or startup or the
release of hazardous energy during servicing of machinery, equipment, or
systems;
(ii) The type of energy sources and the magnitude of the energy
available at the worksite;
(iii) The means and methods necessary for effective isolation and
control of hazardous energy;
(iv) The means for determining the safe exposure status of other
employees in a group when the authorized employee is working as a
group's primary authorized employee.
(v) The requirement for tags to be written so they are legible and
understandable to all employees;
(vi) The requirement that tags and their means of attachment be made
of materials that will withstand the environmental conditions
encountered in the workplace;
(vii) The requirement that tags be securely attached to energy-
isolating devices so they cannot be accidentally removed while servicing
machinery, equipment, or systems;
(viii) That tags are warning devices, and alone do not provide
physical barriers against energization or startup, or the release of
hazardous energy, provided by locks, and energy-isolating devices; and
(ix) That tags must be used in conjunction with an energy-isolating
device to prevent energization or startup or the release of hazardous
energy.
(5) Additional training for lockout/tags-plus coordinator. In
addition to training lockout/tags-plus coordinators in the requirements
in paragraphs (o)(2), (o)(3), and (o)(4) of this section, the employer
shall train each lockout/tags-plus coordinator so he/she knows:
[[Page 81]]
(i) How to identify and isolate any machinery, equipment, or system
that is being serviced; and
(ii) How to accurately document lockout/tags-plus systems and
maintain the lockout/tags-plus log.
(6) Employee retraining.
(i) The employer shall retrain each employee, as applicable,
whenever:
(A) There is a change in his/her job assignment that presents new
hazards or requires a greater degree of knowledge about the employer's
lockout/tags-plus program or procedures;
(B) There is a change in machinery, equipment, or systems to be
serviced that presents a new energy-control hazard;
(C) There is a change in the employer's lockout/tags-plus program or
procedures; or
(D) It is necessary to maintain the employee's proficiency.
(ii) The employer also shall retrain each employee, as applicable,
whenever an incident investigation or program audit indicates that there
are:
(A) Deviations from, or deficiencies in, the employer's lockout/
tags-plus program or procedures; or
(B) Inadequacies in an employee's knowledge or use of the lockout/
tags-plus program or procedures.
(iii) The employer shall ensure that retraining establishes the
required employee knowledge and proficiency in the employer's lockout/
tags-plus program and procedures and in any new or revised energy-
control procedures.
(7) Upon completion of employee training, the employer shall keep a
record that the employee accomplished the training, and that this
training is current. The training record shall contain at least the
employee's name, date of training, and the subject of the training.
(p) Incident investigation. (1) The employer shall investigate each
incident that resulted in, or could reasonably have resulted in,
energization or startup, or the release of hazardous energy, while
servicing machinery, equipment, or systems.
(2) Promptly but not later than 24 hours following the incident, the
employer shall initiate an incident investigation and notify each
employee who was, or could reasonably have been, affected by the
incident.
(3) The employer shall ensure that the incident investigation is
conducted by at least one employee who has the knowledge of, and
experience in, the employer's lockout/tags-plus program and procedures,
and in investigating and analyzing incidents involving the release of
hazardous energy. The employer may also use additional individuals to
participate in investigating the incident.
(4) The employer shall ensure that the individual(s) conducting the
investigation prepare(s) a written report of the investigation that
includes:
(i) The date and time of the incident;
(ii) The date and time the incident investigation began;
(iii) Location of the incident;
(iv) A description of the incident;
(v) The factors that contributed to the incident;
(vi) A copy of any lockout/tags-plus log that was current at the
time of the incident; and
(vii) Any corrective actions that need to be taken as a result of
the incident.
(5) The employer shall review the written incident report with each
employee whose job tasks are relevant to the incident investigation
findings, including contract employees when applicable.
(6) The employer shall ensure that the incident investigation and
written report are completed, and all corrective actions implemented,
within 30 days following the incident.
(7) If the employer demonstrates that it is infeasible to implement
all of the corrective actions within 30 days, the employer shall prepare
a written abatement plan that contains an explanation of the
circumstances causing the delay, a proposed timetable for the abatement,
and a summary of the steps the employer is taking in the interim to
protect employees from hazardous energy while servicing machinery,
equipment, or systems.
(q) Program audits. (1) The employer shall conduct an audit of the
lockout/tags-plus program and procedures currently in use at least
annually to ensure that the procedures and the requirements of this
section are being followed and to correct any deficiencies.
(2) The employer shall ensure that the audit is performed by:
(i) An authorized employee other than the one(s) currently using the
energy-control procedure being reviewed; or
(ii) Individuals other than an authorized employee who are
knowledgeable about the employer's lockout/tags-plus program and
procedures and the machinery, equipment, or systems being audited.
(3) The employer shall ensure that the audit includes:
(i) A review of the written lockout/tags-plus program and
procedures;
(ii) A review of the current lockout/tags-plus log;
(iii) Verification of the accuracy of the lockout/tags-plus log;
(iv) A review of incident reports since the last audit;
(v) A review conducted between the auditor and authorized employees
regarding the authorized employees' responsibilities under the lockout
systems being audited; and
(vi) A review conducted between the auditor and affected and
authorized employees
[[Page 82]]
regarding their responsibilities under the tags-plus systems being
audited.
(4) The employer shall ensure that, within 15 days after completion
of the audit, the individual(s) who conducted the audit prepare and
deliver to the employer a written audit report that includes at least:
(i) The date of the audit;
(ii) The identity of the individual(s) who performed the audit;
(iii) The identity of the procedure and machinery, equipment, or
system that were audited;
(iv) The findings of the program audit and recommendations for
correcting deviations or deficiencies identified during the audit;
(v) Any incident investigation reports since the previous audit; and
(vi) Descriptions of corrective actions the employer has taken in
response to the findings and recommendations of any incident
investigation reports prepared since the previous audit.
(5) The employer shall promptly communicate the findings and
recommendations in the written audit report to each employee having a
job task that may be affected by such findings and recommendations.
(6) The employer shall correct the deviations or inadequacies in the
lockout/tags-plus program within 15 days after receiving the written
audit report.
(r) Recordkeeping. (1) Table to paragraph (r)(1) of this section
specifies what records the employer must retain and how long the
employer must retain them:
Table to Paragraph (r)(1) of This Section--Retention of Records Required
by Sec. 1915.89
------------------------------------------------------------------------
The employer must keep the following
records . . . For at least . . .
------------------------------------------------------------------------
(i) Current lockout/tags-plus program Until replaced by updated
and procedures. program and procedures.
(ii) Training records.................. Until replaced by updated
records for each type of
training.
(iii) Incident investigation reports... Until the next program audit is
completed.
(iv) Program audit report.............. 12 months after being replaced
by the next audit report.
------------------------------------------------------------------------
(2) The employer shall make all records required by this section
available to employees, their representatives, and the Assistant
Secretary in accordance with the procedures and time periods specified
in 29 CFR 1910.1020(e)(1) and (e)(3).
(s) Appendices. Non-mandatory Appendix A to this section is a
guideline to assist employers and employees in complying with the
requirements of this section, and to provide them with other useful
information. The information in Appendix A does not add to, or in any
way revise, the requirements of this section.
Appendix A to Sec. 1915.89 (Non-Mandatory)--Typical Minimal Lockout/
Tags-Plus Procedures
General
Lockout/Tags-Plus Procedure
Lockout/Tags-Plus Procedure for
________________________________________________________________________
[Name of company for single procedure or identification of machinery,
equipment, or system if multiple procedures used.]
________________________________________________________________________
Purpose
This procedure establishes the minimum requirements for the lockout/
tags-plus application of energy-isolating devices on vessels and vessel
sections, and for landside facilities whenever servicing is done on
machinery, equipment, or systems in shipyards. This procedure shall be
used to ensure that all potentially hazardous-energy sources have been
isolated and the machinery, equipment, or system to be serviced has been
rendered inoperative through the use of lockout or tags-plus procedures
before employees perform any servicing when the energization or start-up
of the machinery, equipment, or system, or the release of hazardous
energy could cause injury.
Compliance With This Program
All employees are required to comply with the restrictions and
limitations imposed on them during the use of lockout or tags-plus
applications. Authorized employees are required to perform each lockout
or tags-plus application in accordance with this procedure. No employee,
upon observing that machinery, equipment, or systems are secured using
lockout or tags-plus applications, shall attempt to start, open, close,
energize, or operate that machinery, equipment, or system.
________________________________________________________________________
Type of compliance enforcement to be taken for violation of the above.
Procedures for Lockout/Tags-Plus Systems
(1) Notify each affected employee that servicing is required on the
machinery, equipment, or system, and that it must be isolated and
rendered inoperative using a lockout or tags-plus system.
________________________________________________________________________
Method of notifying all affected employees.
[[Page 83]]
(2) The authorized employee shall refer to shipyard employer's
procedures to identify the type and magnitude of the energy source(s)
that the machinery, equipment, or system uses, shall understand the
hazards of the energy, and shall know the methods to control the energy
source(s).
________________________________________________________________________
Type(s) and magnitude(s) of energy, its hazards and the methods to
control the energy.
(3) If the machinery, equipment, or system is operating, shut it
down in accordance with the written procedures (depress the stop button,
open switch, close valve, etc.) established by the employer.
________________________________________________________________________
Type(s) and location(s) of machinery, equipment, or system operating
controls.
(4) Secure each energy-isolating device(s) through the use of a
lockout or tags-plus system (for instance, disconnecting, blanking, and
affixing tags) so that the energy source is isolated and the machinery,
equipment, or system is rendered inoperative.
________________________________________________________________________
Type(s) and location(s) of energy-isolating devices.
(5) Lockout System. Affix a lock to each energy-isolating device(s)
with assigned individual lock(s) that will hold the energy-isolating
device(s) in a safe or off position. Potentially hazardous energy (such
as that found in capacitors, springs, elevated machine members, rotating
flywheels, hydraulic systems, and air, gas, steam, or water pressure,
etc.) must be controlled by methods such as grounding, repositioning,
blocking, bleeding down, etc.
(6) Tags-Plus System. Affix a tag to each energy-isolating device
and provide at least one additional safety measure that clearly
indicates that removal of the device from the safe or off position is
prohibited. Potentially hazardous energy (such as that found in
capacitors, springs, elevated machine members, rotating flywheels,
hydraulic systems and air, gas, steam, or water pressure, etc.) must be
controlled by methods such as grounding, repositioning, blocking,
bleeding down, etc.
________________________________________________________________________
Type(s) of hazardous energy--methods used to control them.
(7) Ensure that the machinery, equipment, or system is relieved,
disconnected, restrained, or rendered safe from the release of all
potentially hazardous energy by checking that no personnel are exposed,
and then verifying the isolation of energy to the machine, equipment, or
system by operating the push button or other normal operating
control(s), or by testing to make certain it will not operate.
CAUTION: Return operating control(s) to the safe or off position after
verifying the isolation of the machinery, equipment, or system.
________________________________________________________________________
Method of verifying the isolation of the machinery, equipment, or
system.
(8) The machinery, equipment, or system is now secured by a lockout
or tags-plus system, and servicing by the authorized person may be
performed.
Procedures for Removal of Lockout/Tags-Plus Systems
When servicing is complete and the machinery, equipment, or system
is ready to return to normal operating condition, the following steps
shall be taken:
(1) Notify each authorized and affected employee(s) that the
lockout/tags-plus system will be removed and the machinery, equipment,
or system reenergized.
(2) Inspect the work area to ensure that all employees have been
safely positioned or removed.
(3) Inspect the machinery, equipment, or system and the immediate
area around the machinery, equipment, or system to ensure that
nonessential items have been removed and that the machinery, equipment
or system components are operationally intact.
(4) Reconnect the necessary components, remove the lockout/tags-plus
material and hardware, and reenergize the machinery, equipment, or
system through the established detailed procedures determined by the
employer.
(5) Notify all affected employees that servicing is complete and the
machinery, equipment, or system is ready for testing or use.
Sec. 1915.90 Safety color code for marking physical hazards.
The requirements applicable to shipyard employment under this
section are identical to the requirements set forth at 29 CFR 1910.144
of this chapter.
Sec. 1915.91 Accident prevention signs and tags.
The requirements applicable to shipyard employment under this
section are identical to the requirements set forth at 29 CFR 1910.145
of this chapter.
Sec. 1915.92 Retention of DOT markings, placards, and labels.
(a) Any employer who receives a package of hazardous material that
is required to be marked, labeled, or placarded in accordance with the
U.S. Department of Transportation Hazardous Materials Regulations (49
CFR parts 171 through 180) shall retain those markings, labels, and
placards on the package until the packaging is sufficiently
[[Page 84]]
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 U.S. Department of Transportation
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 are sufficiently removed to
prevent any potential hazards.
(c) The employer shall maintain markings, placards, and labels in a
manner that ensures that they are readily visible.
(d) For non-bulk packages that will not be reshipped, the
requirements of this section are met if a label or other acceptable
marking is affixed in accordance with 29 CFR 1910.1200, Hazard
Communication.
(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 specified in the U.S. Department of Transportation
Hazardous Materials Regulations.
Sec. 1915.93 Motor vehicle safety equipment, operation and
maintenance.
(a) Application. (1) This section applies to any motor vehicle used
to transport employees, materials, or property at worksites engaged in
shipyard employment. This section does not apply to motor vehicle
operation on public streets and highways.
(2) The requirements of this section apply to employer-provided
motor vehicles. The requirements of paragraphs (b)(2), (b)(4), and
(c)(2) of this section also apply to employee-provided motor vehicles.
(3) Only the requirements of paragraphs (b)(1) through (b)(3) apply
to powered industrial trucks, as defined in Sec. 1910.178. The
maintenance, inspection, operation, and training requirements in 29 CFR
1910.178 continue to apply to powered industrial trucks used for
shipyard employment.
(b) Motor vehicle safety equipment. (1) The employer shall ensure
that each motor vehicle acquired or initially used after August 1, 2011
is equipped with a safety belt for each employee operating or riding in
the motor vehicle. This requirement does not apply to any motor vehicle
that was not equipped with safety belts at the time of manufacture.
(2) The employer shall ensure that each employee uses a safety belt,
securely and tightly fastened, at all times while operating or riding in
a motor vehicle.
(3) The employer shall ensure that vehicle safety equipment is not
removed from any employer-provided vehicle. The employer shall replace
safety equipment that is removed.
(4) The employer shall ensure that each motor vehicle used to
transport an employee has firmly secured seats for each employee being
transported and that all employees being transported are using such
seats.
(c) Motor vehicle maintenance and operation. (1) The employer shall
ensure that each motor vehicle is maintained in a serviceable and safe
operating condition, and removed from service if it is not in such
condition.
(2) The employer shall ensure that, before a motor vehicle is
operated, any tools and materials being transported are secured if their
movements may create a hazard for employees.
(3) The employer shall implement measures to ensure that motor
vehicle operators are able to see, and avoid harming, pedestrians and
bicyclists at shipyards. Measures that employers may implement to comply
with this requirement include:
(i) Establishing dedicated travel lanes for motor vehicles,
bicyclists, and pedestrians;
(ii) Installing crosswalks and traffic control devices such as stop
signs, mirrors at blind spots, or physical barriers to separate travel
lanes;
(iii) Establishing appropriate speed limits for all motor vehicles;
(iv) Establishing ``no drive'' times to allow for safe movement of
pedestrians;
(v) Providing reflective vests or other gear so pedestrians and
bicyclists are clearly visible to motor vehicle operators;
(vi) Ensuring that bicycles have reflectors, lights, or other
equipment to maximize visibility of the bicyclist; or
(vii) Other measures that the employer can demonstrate are as
effective in protecting pedestrians and bicyclists as those measures
specified in paragraphs (c)(3)(i) through (c)(3)(vi) of this section.
Sec. 1915.94 Servicing multi-piece and single-piece rim wheels.
The requirements applicable to shipyard employment under this
section are identical to the requirements set forth at 29 CFR 1910.177
of this chapter.
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.
[[Page 85]]
(b) The safe working load of gear as specified in Sec. Sec.
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.
(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.
1915.118, 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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
Effective Date Note: At 76 FR 33609, June 8, 2011, Sec. 1915.112
was amended by revising paragraphs (a), (b)(1), (b)(3), (c)(1), and
(c)(3), effective July 8, 2011. For the convenience of the user, the
revised text is set forth as follows:
Sec. 1915.112 Ropes, chains, and slings.
* * * * *
(a) Manila rope and manila-rope slings. Employers must ensure that
manila rope and manila-rope slings:
(1) Have permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load for the type(s)
[[Page 86]]
of hitch(es) used, the angle upon which it is based, and the number of
legs if more than one;
(2) Not be loaded in excess of its recommended safe working load as
prescribed on the identification markings by the manufacturer; and
(3) Not be used without affixed and legible identification markings
as required by paragraph (a)(1) of this section.
(b) Wire rope and wire-rope slings. (1) Employers must ensure that
wire rope and wire-rope slings:
(i) Have permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load for the type(s) of hitch(es) used, the angle upon which it
is based, and the number of legs if more than one;
(ii) Not be loaded in excess of its recommended safe working load as
prescribed on the identification markings by the manufacturer; and
(iii) Not be used without affixed and legible identification
markings as required by paragraph (b)(1)(i) of this section.
* * * * *
(3) When U-bolt wire rope clips are used to form eyes, employers
must use Table G-1 in Sec. 1915.118 to determine the number and spacing
of clips. Employers must apply the U-bolt so that the ``U'' section is
in contact with the dead end of the rope.
* * * * *
(c) Chain and chain slings. (1) Employers must ensure that chain and
chain slings:
(i) Have permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load for the type(s) of hitch(es) used, the angle upon which it
is based, and the number of legs if more than one;
(ii) Not be loaded in excess of its recommended safe working load as
prescribed on the identification markings by the manufacturer; and
(iii) Not be used without affixed and legible identification
markings as required by paragraph (c)(1)(i) of this section.
* * * * *
(3) Employers must note interlink wear, not accompanied by stretch
in excess of 5 percent, and remove the chain from service when maximum
allowable wear at any point of link, as indicated in Table G-2 in Sec.
1915.118, has been reached.
* * * * *
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]
Effective Date Note: At 76 FR 33609, June 8, 2011, Sec. 1915.113
was amended by revising paragraph (a), effective July 8, 2011. For the
convenience of the user, the added and revised text is set forth as
follows:
Sec. 1915.113 Shackles and hooks.
* * * * *
(a) Shackles. Employers must ensure that shackles:
(1) Have permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load;
(2) Not be loaded in excess of its recommended safe working load as
prescribed on the identification markings by the manufacturer; and
[[Page 87]]
(3) Not be used without affixed and legible identification markings
as required by paragraph (a)(1)(i) of this section.
* * * * *
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 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, whether 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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
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
[[Page 88]]
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.
(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 moving 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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
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 foot)-- Heavy duty (25 to 75 pounds per square foot)--
Height in feet Height in feet
Structural members -------------------------------------------------------------------------------------------------------
<=24 24<=40 40<=60 <=24 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
[[Page 89]]
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/ 1\7/8\ x 3\3/
4\ 4\
16.......................................... 1\7/8\ x 2\3/ 1\7/8\ x 3\3/
4\ 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\
------------------------------------------------------------------------
Table E-3--Specifications for the Construction of Horses
------------------------------------------------------------------------
Height in feet
Structural members ------------------------------------------
<=10 10<=16 16<=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 2 x 12 1\5/8\ x 3 x 8 2\5/8\ x 3 x 10 2\5/8\ x 3 x 12 2\5/8\ x
9\1/2\ 11\1/2\ 7\1/2\ 9\1/2\ 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\............................................................. \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
[[Page 90]]
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
6x19 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
\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
----------------------------------------------------------------------------------------------------------------
6x37 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
6x19 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 91]]
6x37 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 57 58 54 47 41 38 33
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal Attachment.
(B)--Mechanical Sleeve Attachment.
(C)--Hand Tucked Splice Attachment.
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
----------------------------------------------------------------------------------------------------------------
6x19 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
----------------------------------------------------------------------------------------------------------------
6x37 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 92]]
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\
\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\........................................................ \11/64\
1............................................................ \3/16\
1\1/8\....................................................... \7/32\
1\1/4\....................................................... \1/4\
1\3/8\....................................................... \9/32\
1\1/2\....................................................... \5/16\
1\3/4\....................................................... \11/32\
------------------------------------------------------------------------
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
[[Page 93]]
\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; 67
FR 44543, July 3, 2002]
Effective Date Note: At 76 FR 33610, June 8, 2011, Sec. 1915.118
was amended by removing Tables G-1, G-2, G-3, G-4, G-5, G-7, G-8, and G-
10, and redesignating Table G-6 as Table G-1, and Table G-9 as Table G-
2, effective July 8, 2011.
Sec. 1915.120 Powered industrial truck operator training.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.178(l) of this
chapter.
[63 FR 66274, Dec. 1, 1998]
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
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.
(d) The moving parts of machinery on a 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 connections on
compressed air lines shall bear the word ``air'' in letters at least 1-
inch high, which shall be painted either on the manifolds 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.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
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
[[Page 94]]
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 guard in accordance with the
provisions of the United States of America Standard Safety Code for the
Use, Care, and Protection of Abrasive Wheels, B7.1-1964. 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
[[Page 95]]
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; 67
FR 44543, July 3, 2002]
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 2x4 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.
(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
[[Page 96]]
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 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
[[Page 97]]
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.
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 Sec. Sec. 1915.159 and 1915.160).
Each
[[Page 98]]
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 affected 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.
(f) Payment for protective equipment. (1) Except as provided by
paragraphs (f)(2) through (f)(6) of this section, the protective
equipment, including personal protective equipment (PPE), used to comply
with this part, shall be provided by the employer at no cost to
employees.
(2) The employer is not required to pay for non-specialty safety-toe
protective footwear (including steel-toe shoes or steel-toe boots) and
non-specialty prescription safety eyewear, provided that the employer
permits such items to be worn off the job-site.
(3) When the employer provides metatarsal guards and allows the
employee, at his or her request, to use shoes or boots with built-in
metatarsal protection, the employer is not required to reimburse the
employee for the shoes or boots.
(4) The employer is not required to pay for:
(i) Everyday clothing, such as long-sleeve shirts, long pants,
street shoes, and normal work boots; or
(ii) Ordinary clothing, skin creams, or other items, used solely for
protection from weather, such as winter coats, jackets, gloves, parkas,
rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.
(5) The employer must pay for replacement PPE, except when the
employee has lost or intentionally damaged the PPE.
(6) Where an employee provides appropriate protective equipment he
or she owns, the employer may allow the employee to use it and is not
required to reimburse the employee for that equipment. The employer
shall not require an employee to provide or pay for his or her own PPE,
unless the PPE is excepted by paragraphs (f)(2) through (f)(5) of this
section.
(7) This paragraph (f) shall become effective on February 13, 2008.
Employers must implement the PPE payment requirements no later than May
15, 2008.
Note to Sec. 1915.152(f): When the provisions of another OSHA
standard specify whether or not the employer must pay for specific
equipment, the payment provisions of that standard shall prevail.
[61 FR 26352, May 24, 1996; 61 FR 29957, June 13, 1996, as amended at 67
FR 44543, July 3, 2002; 72 FR 64428, Nov. 15, 2007]
Effective Date Note: At 76 FR 33610, June 8, 2011, Sec. 1915.152
was amended by removing paragraph (e)(4), effective July 8, 2011.