[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2014 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 29
Labor
________________________
Parts 1911 to 1925
Revised as of July 1, 2014
Containing a codification of documents of general
applicability and future effect
As of July 1, 2014
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........................ 353
Alphabetical List of Agencies Appearing in the CFR...... 373
List of CFR Sections Affected........................... 383
[[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
revision date (in this case, July 1, 2014), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[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
editorially to indicate that a portion of the CFR was left vacant and
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
notify the Director of the Federal Register, National Archives and
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or call 202-741-6010.
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.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, 8601 Adelphi Road, College Park, MD
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The e-CFR is a regularly updated, unofficial editorial compilation
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of the Federal Register and the Government Printing Office. It is
available at www.ecfr.gov.
Charles A. Barth,
Director,
Office of the Federal Register.
July 1, 2014.
[[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, 2013.
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).
For this volume, Jonn V. Lilyea was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, 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
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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............................ 211
1918 Safety and health regulations for
longshoring............................. 267
1919 Gear certification.......................... 321
1920 Procedure for variations from safety and
health regulations under the
Longshoremen's and Harbor Workers'
Compensation Act........................ 340
1921 Rules of practice in enforcement proceedings
under section 41 of the Longshoremen's
and Harbor Workers' Compensation Act.... 341
1922 Investigational hearings under section 41 of
the Longshoremen's and Harbor Workers'
Compensation Act........................ 347
1924 Safety standards applicable to workshops and
rehabilitation facilities assisted by
grants.................................. 348
1925 Safety and health standards for Federal
service contracts....................... 348
[[Page 7]]
PART 1911_RULES OF PROCEDURE FOR PROMULGATING, MODIFYING, OR REVOKING
OCCUPATIONAL SAFETY OR HEALTH STANDARDS
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
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
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
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
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
1915.80 Scope, application, definitions and effective dates.
1915.81 Housekeeping.
1915.82 Lighting.
1915.83 Utilities.
1915.84 Working alone.
1915.85 Vessel radar and communication systems.
1915.86 Lifeboats.
1915.87 Medical services and first aid.
1915.88 Sanitation.
1915.89 Control of hazardous energy (lockout/tagout).
1915.90 Safety color code for marking physical hazards.
1915.91 Accident prevention signs and tags.
1915.92 Retention of DOT markings, placards, and labels.
1915.93 Motor vehicle safety equipment, operation, and maintenance.
1915.94 Servicing of multi-piece and single-piece rim wheels.
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.
[[Page 29]]
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.
Appendix A to Subpart P--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), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR
3912), as applicable; 29 CFR Part 1911.
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
part 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,
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
[[Page 30]]
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 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
[[Page 31]]
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 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).
[[Page 32]]
(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) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1915.155(b)(1)(i). Copies of
ANSI Z89.1-2009 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:
www.safetyequipment.org.
(x) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1915.155(b)(1)(ii). 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: www.safetyequipment.org.
(xi) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective Headwear
for Industrial Workers--Requirements; IBR approved for Sec.
1915.155(b)(1)(iii). 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: www.safetyequipment.org.
(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.
(2) The following material is available for purchase from the
American Society of Mechanical Engineers, 345 East 47th Street, New
York, New York 10017:
[[Page 33]]
(i) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for
Construction of Unfired Pressure Vessels, 1963, IBR approved for Sec.
1915.172(a).
(3) The following material is available for purchase from the
American Conference of Governmental Industrial Hygienists (ACGIH), 1014
Broadway, Cincinnati, OH 45202:
(i) Threshold limit values, 1970, IBR approved for 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; 76 FR 24698, May 2, 2011; 77 FR
37598, June 22, 2012]
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.
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
[[Page 34]]
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.
------------------------------------------------------------------------
OMB
29 CFR citation control
No.
------------------------------------------------------------------------
1915.11-1915.16............................................. 1218-0011
1915.83..................................................... 1218-0259
1915.87..................................................... 1218-0259
1915.88..................................................... 1218-0259
1915.89..................................................... 1218-0259
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
[[Page 35]]
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; 77 FR 19, Jan. 3, 2012]
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 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
[[Page 36]]
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.
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;
[[Page 37]]
(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:
(i) Inspected visually by the competent person to determine the
presence of combustible or flammable liquids; and
[[Page 38]]
(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;
(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;
[[Page 39]]
(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]
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:
[[Page 40]]
(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 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
[[Page 41]]
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.
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]
[[Page 42]]
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.
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 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.
[[Page 43]]
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 external surface of the vessel (the
hull) for paint preparation does not necessitate pumping and cleaning
the tanks of the 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 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
[[Page 44]]
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; 76
FR 33609, June 8, 2011]
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:
(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,
[[Page 45]]
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 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.
[[Page 46]]
(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.
(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
[[Page 47]]
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 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
[[Page 48]]
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 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.
[[Page 49]]
(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.
(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
[[Page 50]]
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 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
[[Page 51]]
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.
(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
[[Page 52]]
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.
(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
[[Page 53]]
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 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.
[[Page 54]]
(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.
(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
[[Page 55]]
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.
(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
[[Page 56]]
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 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
[[Page 57]]
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 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
[[Page 58]]
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.
(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.
[[Page 59]]
(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]
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.
[[Page 60]]
(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 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
[[Page 61]]
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 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.
[[Page 62]]
(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 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
[[Page 63]]
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]
Subpart F_General Working Conditions
Source: 76 FR 24698, May 2, 2011., unless otherwise noted.
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/
[[Page 64]]
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, 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.
[[Page 65]]
(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 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
[[Page 66]]
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.
[[Page 67]]
(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 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;
[[Page 68]]
(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.
(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:
[[Page 69]]
(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.
(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
[[Page 70]]
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 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.
[[Page 71]]
(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;
[[Page 72]]
(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 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
[[Page 73]]
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.
(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;
[[Page 74]]
(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.
(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;
[[Page 75]]
(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:
(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;
[[Page 76]]
(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
[[Page 77]]
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 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)
[[Page 78]]
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:
(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;
[[Page 79]]
(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.
(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
[[Page 80]]
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:
(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
[[Page 81]]
(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;
[[Page 82]]
(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 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.
[[Page 83]]
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.
(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.
[[Page 84]]
(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 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.
[[Page 85]]
(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.
(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. 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) 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.
(2) Protruding ends of strands in splices on slings and bridles
shall be covered or blunted.
(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.
(4) Wire rope shall not be secured by knots.
[[Page 86]]
(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.
(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) 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.
(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; 76
FR 33609, June 8, 2011]
Sec. 1915.113 Shackles and hooks.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(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
(3) Not be used without affixed and legible identification markings
as required by paragraph (a)(1)(i) of this section.
(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;
76 FR 33609, June 8, 2011]
[[Page 87]]
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 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
[[Page 88]]
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)................... 2x4 3x4 or 2x6 4x4 3x4 4x4 4x6
Bearers (in inches)............................. 2x6 2x6 2x6 2x8 2x8 2x10
Ledgers (in inches)............................. 2x6 2x6 2x6 2x8 2x8 2x8
Stringers (not supporting bearers) (in inches).. 1x6 1x6 1x6 1x6 1x6 1x6
Braces (in inches).............................. 1x4 1x6 1x6 1x6 1x6 1x6
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
[[Page 89]]
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\x2\3/ 1\7/8\x3\3/
4\ 4\
16.......................................... 1\7/8\x2\3/ 1\7/8\x3\3/
4\ 4\
18.......................................... 1\7/8\x3 1\7/8\x4
20.......................................... 1\7/8\x3 1\7/8\x4
24.......................................... 1\7/8\x3 1\7/8\x4\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......................... 2x4 3x4 4x6
Bearers or headers........... 2x6 2x8 4x6
Crossbraces.................. 2x4 2x4 2x6
or
1x8
Longitudinal braces.......... 2x4 2x6 2x6
------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
2x10 1\5/8\x9\1/ 2x12 1\5/ 3x8 2\5/8\x7\1/ 3x10 2\5/8\x9\1/ 3x12 2\5/
2\ 8\x11\1/2\ 2\ 2\ 8\x11\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--Number and Spacing of U-Bolt Wire Rope Clips
------------------------------------------------------------------------
Number of clips
Improved plow steel, rope diameter, ---------------------- Minimum
inches Drop Other spacing,
forged material inches
------------------------------------------------------------------------
(\1\).................................. ......... ......... .........
\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-2--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\
------------------------------------------------------------------------
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67
FR 44543, July 3, 2002; 76 FR 33610, June 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]
[[Page 90]]
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 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.
[[Page 91]]
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 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.
[[Page 92]]
(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 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.
[[Page 93]]
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 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
[[Page 94]]
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 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
[[Page 95]]
(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.
(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; 76 FR 33610, June 8,
2011]
Sec. 1915.153 Eye and face protection.
(a) General requirements. (1) The employer shall ensure that each
affected employee uses appropriate eye or face protection where there
are exposures to eye or face hazards caused by flying particles, molten
metal, liquid chemicals, acid or caustic liquids, chemical gases or
vapors, or potentially injurious light radiation.
(2) The employer shall ensure that each affected employee uses eye
or face protection that provides side protection when there is a hazard
from flying objects. Detachable side protectors (e.g., a clip-on or
slide-on side shield) meeting the pertinent requirements of this section
are acceptable.
(3) The employer shall ensure that each affected employee who wears
prescription lenses while engaged in operations that involve eye hazards
wears eye protection that incorporates the prescription in its design,
unless the employee is protected by eye protection that can be worn over
prescription lenses without disturbing the proper position of either the
PPE or the prescription lenses.
(4) The employer shall ensure that each affected employee uses
equipment with filter lenses that have a shade number that provides
appropriate protection from injurious light radiation. Table I-1 is a
listing of appropriate shade numbers for various operations. If filter
lenses are used in goggles worn under a helmet which has a lens, the
shade number of the lens in the helmet may be reduced so that the shade
numbers of the two lenses will equal the value as shown in Table I-1,
Sec. 1915.153.
[[Page 96]]
Table I-1--Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
Minimum
Operations Electrode size \1/32\ in. Arc current protective
shade
----------------------------------------------------------------------------------------------------------------
Shielded metal arc welding............... Less than 3................ Less than.................. 7
3-5........................ 60......................... 8
5-8........................ 60-160..................... 10
More than 8................ 160-250.................... 11
........................... 250-550.................... ...........
Gas metal arc welding and flux cored arc ........................... Less than.................. 7
welding.
........................... 60......................... 10
........................... 60-160..................... 10
........................... 160-250.................... 10
........................... 250-500.................... ...........
Gas Tungsten arc welding................. ........................... Less than.................. 8
........................... 50......................... 8
........................... 50-150..................... 10
........................... 150-500.................... ...........
Air carbon............................... (Light).................... Less than.................. 10
Arc cutting.............................. (Heavy).................... 500........................ 11
500-1000................... ...........
Plasma arc welding....................... ........................... Less than.................. 6
........................... 20......................... 8
........................... 20-........................ 10
........................... 100........................ 11
........................... 100-....................... ...........
........................... 400........................ ...........
........................... 400-....................... ...........
........................... 800........................ ...........
Plasma arc cutting....................... (light)**.................. Less than 300.............. 8
(medium)**................. 300-400.................... 9
(heavy)**.................. 400-800.................... 10
Torch brazing............................ ........................... ........................... 3
Torch soldering.......................... ........................... ........................... 2
Carbon Arc welding....................... ........................... ........................... 14
----------------------------------------------------------------------------------------------------------------
** These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden
by the workpiece.
Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
Minimum*
Operations Plate thickness--inches Plate thickness--mm protective
shade
----------------------------------------------------------------------------------------------------------------
Gas welding:
Light............................... Under \1/8\.................. Under 3.2................. 4
Medium.............................. \1/8\ to \1/2\............... 3.2 to 12.7............... 5
Heavy............................... Over \1/2\................... Over 12.7................. 6
Oxygen cutting
Light............................... Under 1...................... Under 25.................. 3
Medium.............................. 1 to 6....................... 25 to 150................. 4
Heavy............................... Over 6....................... Over 150.................. 5
----------------------------------------------------------------------------------------------------------------
* As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which
gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting
where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or
sodium line in the visible light of the (spectrum) operation.
(b) Criteria for protective eye and face devices. (1) Protective eye
and face protection devices must comply with any of the following
consensus standards:
(i) ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1915.5;
(ii) ANSI Z87.1-1989 (R-1998), ``American National Standard Practice
for Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1915.5; or
(iii) ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1915.5.
(2) Eye and face protection devices that the employer demonstrates
are at least as effective as protective as eye
[[Page 97]]
and face protection devices that are constructed in accordance with one
of the above consensus standards will be deemed to be in compliance with
the requirements of this section.
[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009]
Sec. 1915.154 Respiratory protection.
Respiratory protection for shipyard employment is covered by 29 CFR
1910.134.
Sec. 1915.155 Head protection.
(a) Use. (1) The employer shall ensure that each affected employee
wears a protective helmet when working in areas where there is a
potential for injury to the head from falling objects.
(2) The employer shall ensure that each affected employee wears a
protective helmet designed to reduce electrical shock hazards where
there is potential for electric shock or burns due to contact with
exposed electrical conductors which could contact the head.
(b) Criteria for protective helmets. (1) Head protection must comply
with any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1915.5;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1915.5; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
``American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements,'' incorporated by
reference in Sec. 1915.5.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009;
77 FR 37599, June 22, 2012]
Sec. 1915.156 Foot protection.
(a) Use. The employer shall ensure that each affected employee wears
protective footwear when working in areas where there is a danger of
foot injuries due to falling or rolling objects or objects piercing the
sole.
(b) Criteria for protective footwear. (1) Protective footwear must
comply with any of the following consensus standards:
(i) ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,''
and ASTM F-2413-2005, ``Standard Specification for Performance
Requirements for Protective Footwear,'' which are incorporated by
reference in Sec. 1915.5;
(ii) ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference in
Sec. 1915.5; or
(iii) ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference in
Sec. 1915.5.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
[61 FR 26352, May 24, 1996,, as amended at 74 FR 46358, Sept. 9, 2009]
Sec. 1915.157 Hand and body protection.
(a) Use. The employer shall ensure that each affected employee uses
appropriate hand protection and other protective clothing where there is
exposure to hazards such as skin absorption of harmful substances,
severe cuts or lacerations, severe abrasions, punctures, chemical burns,
thermal burns, harmful temperature extremes, and sharp objects.
(b) Hot work operations. The employer shall ensure that no employee
wears clothing impregnated or covered in full or in part with flammable
or combustible materials (such as grease or oil) while engaged in hot
work operations or working near an ignition source.
(c) Electrical protective devices. The employer shall ensure that
each affected employee wears protective electrical insulating gloves and
sleeves or other electrical protective equipment,
[[Page 98]]
if that employee is exposed to electrical shock hazards while working on
electrical equipment.
Sec. 1915.158 Lifesaving equipment.
(a) Personal flotation devices. (1) PFDs (life preservers, life
jackets, or work vests) worn by each affected employee must be United
States Coast Guard (USCG) approved pursuant to 46 CFR part 160 (Type I,
II, III, or V PFD) and marked for use as a work vest, for commercial
use, or for use on vessels. USCG approval is pursuant to 46 CFR part
160, Coast Guard Lifesaving Equipment Specifications.
(2) Prior to each use, personal floatation devices shall be
inspected for dry rot, chemical damage, or other defects which may
affect their strength and buoyancy. Defective personal floatation
devices shall not be used.
(b) Ring life buoys and ladders. (1) When work is being performed on
a floating vessel 200 feet (61 m) or more in length, at least three 30-
inch (0.76 m) U.S. Coast Guard approved ring life buoys with lines
attached shall be located in readily visible and accessible places. Ring
life buoys shall be located one forward, one aft, and one at the access
to the gangway.
(2) On floating vessels under 200 feet (61 m) in length, at least
one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with line
attached shall be located at the gangway.
(3) At least one 30-inch (0.76 m) U. S. Coast Guard approved ring
life buoy with a line attached shall be located on each staging
alongside of a floating vessel on which work is being performed.
(4) At least 90 feet (27.43m) of line shall be attached to each ring
life buoy.
(5) There shall be at least one portable or permanent ladder in the
vicinity of each floating vessel on which work is being performed. The
ladder shall be of sufficient length to assist employees to reach safety
in the event they fall into the water.
[61 FR 26352, May 24, 1996, as amended at 67 FR 44543, July 3, 2002]
Sec. 1915.159 Personal fall arrest systems (PFAS).
The criteria of this section apply to PFAS and their use. Effective
January 1, 1998, body belts and non-locking snaphooks are not acceptable
as part of a personal fall arrest system.
(a) Criteria for connectors and anchorages. (1) Connectors shall be
made of drop forged, pressed, or formed steel or shall be made of
materials with equivalent strength.
(2) Connectors shall have a corrosion-resistant finish, and all
surfaces and edges shall be smooth to prevent damage to the interfacing
parts of the system.
(3) D-rings and snaphooks shall be capable of sustaining a minimum
tensile load of 5,000 pounds (22.24 Kn).
(4) D-rings and snaphooks shall be proof-tested to a minimum tensile
load of 3,600 pounds (16 Kn) without cracking, breaking, or being
permanently deformed.
(5) Snaphooks shall be sized to be compatible with the member to
which they are connected to prevent unintentional disengagement of the
snaphook caused by depression of the snaphook keeper by the connected
member, or shall be of a locking type that is designed and used to
prevent disengagement of the snap-hook by contact of the snaphook keeper
by the connected member.
(6) Snaphooks, unless of a locking type designed and used to prevent
disengagement from the following connections, shall not be engaged:
(i) Directly to webbing, rope or wire rope;
(ii) To each other;
(iii) To a D-ring to which another snaphook or other connector is
attached;
(iv) To a horizontal lifeline; or
(v) To any object that is incompatibly shaped or dimensioned in
relation to the snaphook such that unintentional disengagement could
occur by the connected object being able to depress the snaphook keeper
and release itself.
(7) On suspended scaffolds or similar work platforms with horizontal
lifelines that may become vertical lifelines, the devices used for
connection
[[Page 99]]
to the horizontal lifeline shall be capable of locking in any direction
on the lifeline.
(8) Anchorages used for attachment of personal fall arrest equipment
shall be independent of any anchorage being used to support or suspend
platforms.
(9) Anchorages shall be capable of supporting at least 5,000 pounds
(22.24 Kn) per employee attached, or shall be designed, installed, and
used as follows:
(i) As part of a complete personal fall arrest system which
maintains a safety factor of at least two; and
(ii) Under the direction and supervision of a qualified person.
(b) Criteria for lifelines, lanyards, and personal fall arrest
systems. (1) When vertical lifelines are used, each employee shall be
provided with a separate lifeline.
(2) Vertical lifelines and lanyards shall have a minimum tensile
strength of 5,000 pounds (22.24 Kn).
(3) Self-retracting lifelines and lanyards that automatically limit
free fall distances to 2 feet (0.61 m) or less shall be capable of
sustaining a minimum tensile load of 3,000 pounds (13.34 Kn) applied to
a self-retracting lifeline or lanyard with the lifeline or lanyard in
the fully extended position.
(4) Self-retracting lifelines and lanyards which do not limit free
fall distance to 2 feet (0.61 m) or less, ripstitch lanyards and tearing
and deforming lanyards shall be capable of sustaining a minimum static
tensile load of 5,000 pounds (22.24 Kn) applied to the device when they
are in the fully extended position.
(5) Horizontal lifelines shall be designed, installed, and used
under the supervision of a qualified person, and shall only be used as
part of a complete personal fall arrest system that maintains a safety
factor of at least two.
(6) Effective November 20, 1996, personal fall arrest systems shall:
(i) Limit the maximum arresting force on a falling employee to 900
pounds (4 Kn) when used with a body belt;
(ii) Limit the maximum arresting force on a falling employee to
1,800 pounds (8 Kn) when used with a body harness;
(iii) Bring a falling employee to a complete stop and limit the
maximum deceleration distance an employee travels to 3.5 feet (1.07 m),
and
(iv) Have sufficient strength to withstand twice the potential
impact energy of an employee free falling a distance of 6 feet (1.83 m),
or the free fall distance permitted by the system, whichever is less;
Note to paragraph (b)(6) of this section: A personal fall arrest
system which meets the criteria and protocols contained in appendix B,
is considered to comply with paragraph (b)(6). If the combined tool and
body weight is 310 pounds (140.62 kg) or more, systems that meet the
criteria and protocols contained in appendix B will be deemed to comply
with the provisions of paragraph (b)(6) only if they are modified
appropriately to provide protection for the extra weight of the employee
and tools.
(7) Personal fall arrest systems shall be rigged such that an
employee can neither free fall more than 6 feet (1.83 m) nor contact any
lower level.
(c) Criteria for selection, use and care of systems and system
components. (1) Lanyards shall be attached to employees using personal
fall arrest systems, as follows:
(i) The attachment point of a body harness shall be located in the
center of the wearer's back near the shoulder level, or above the
wearer's head. If the free fall distance is limited to less than 20
inches (50.8 cm), the attachment point may be located in the chest
position; and
(ii) The attachment point of a body belt shall be located in the
center of the wearer's back.
(2) Ropes and straps (webbing) used in lanyards, lifelines and
strength components of body belts and body harnesses shall be made from
synthetic fibers or wire rope.
(3) Ropes, belts, harnesses, and lanyards shall be compatible with
their hardware.
(4) Lifelines and lanyards shall be protected against cuts,
abrasions, burns from hot work operations and deterioration by acids,
solvents, and other chemicals.
(5) Personal fall arrest systems shall be inspected prior to each
use for mildew, wear, damage, and other deterioration. Defective
components shall be removed from service.
[[Page 100]]
(6) Personal fall arrest systems and components subjected to impact
loading shall be immediately removed from service and shall not be used
again for employee protection until inspected and determined by a
qualified person to be undamaged and suitable for reuse.
(7) The employer shall provide for prompt rescue of employees in the
event of a fall or shall ensure that employees are able to rescue
themselves.
(8) Body belts shall be at least one and five-eighths inches (4.13
cm) wide.
(9) Personal fall arrest systems and components shall be used only
for employee fall protection and not to hoist materials.
(d) Training. Before using personal fall arrest equipment, each
affected employee shall be trained to understand the application limits
of the equipment and proper hook-up, anchoring, and tie-off techniques.
Affected employees shall also be trained so that they can demonstrate
the proper use, inspection, and storage of their equipment.
[61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002]
Sec. 1915.160 Positioning device systems.
Positioning device systems and their use shall conform to the
following provisions:
(a) Criteria for connectors and anchorages. (1) Connectors shall
have a corrosion-resistant finish, and all surfaces and edges shall be
smooth to prevent damage to interfacing parts of this system.
(2) Connecting assemblies shall have a minimum tensile strength of
5,000 pounds (22.24 Kn).
(3) Positioning device systems shall be secured to an anchorage
capable of supporting at least twice the potential impact load of an
employee's fall.
(4) Snaphooks, unless each is of a locking type designed and used to
prevent disengagement, shall not be connected to each other. As of
January 1, 1998, only locking type snaphooks shall be used in
positioning device systems.
(b) Criteria for positioning device systems. (1) Restraint (tether)
lines shall have a minimum breaking strength of 3,000 pounds (13.34 Kn).
(2) The following system performance criteria for positioning device
systems are effective November 20, 1996:
(i) A window cleaner's positioning system shall be capable of
withstanding without failure a drop test consisting of a 6 foot (1.83 m)
drop of a 250-pound (113.4 kg) weight. The system shall limit the
initial arresting force to not more than 2,000 pounds (8.9 Kn), with a
duration not to exceed 2 milliseconds. The system shall limit any
subsequent arresting forces imposed on the falling employee to not more
than 1,000 pounds (4.45 Kn);
(ii) All other positioning device systems shall be capable of
withstanding without failure a drop test consisting of a 4 foot (1.22 m)
drop of a 250-pound (113.4 kg) weight.
Note to paragraph (b)(2) of this section: Positioning device systems
which comply with the provisions of section 2 of non-mandatory appendix
B to this subpart shall be deemed to meet the requirements of this
paragraph (b)(2).
(c) Criteria for the use and care of positioning device systems. (1)
Positioning device systems shall be inspected before each use for
mildew, wear, damage, and other deterioration. Defective components
shall be removed from service.
(2) A positioning device system or component subjected to impact
loading shall be immediately removed from service and shall not be used
again for employee protection, unless inspected and determined by a
qualified person to be undamaged and suitable for reuse.
(d) Training. Before using a positioning device system, employees
shall be trained in the application limits, proper hook-up, anchoring
and tie-off techniques, methods of use, inspection, and storage of
positioning device systems.
[61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002]
[[Page 101]]
Appendix A to Subpart I of Part 1915--Non-Mandatory Guidelines for
Hazard Assessment, Personal Protective Equipment (PPE) Selection, and
PPE Training Program
This appendix is intended to provide compliance assistance for
hazard assessment, selection of personal protective equipment (PPE) and
PPE training. It neither adds to or detracts from the employer's
responsibility to comply with the provisions of this subpart.
1. Controlling hazards. Employers and employees should not rely
exclusively on PPE for protection from hazards. PPE should be used,
where appropriate, in conjunction with engineering controls, guards, and
safe work practices and procedures.
2. Assessment and selection. Employers need to consider certain
general guidelines for assessing the hazardous situations that are
likely to arise under foreseeable work activity conditions and to match
employee PPE to the identified hazards. The employer should designate a
safety officer or some other qualified person to exercise common sense
and appropriate expertise to assess work activity hazards and select
PPE.
3. Assessment guidelines. In order to assess the need for PPE the
following steps should be taken:
a. Survey. Conduct a walk-through survey of the area in question to
identify sources of hazards.
Categories for Consideration:
(1) Impact
(2) Penetration
(3) Compression (roll-over)
(4) Chemical
(5) Heat
(6) Harmful dust
(7) Light (optical) radiation
(8) Drowning
(9) Falling
b. Sources. During the walk-through survey the safety officer should
observe:
(1) Sources of motion; for example, machinery or processes where any
movement of tools, machine elements or particles could exist, or
movement of personnel that could result in collision with stationary
objects.
(2) Sources of high temperatures that could result in burns, eye
injury or ignition of protective equipment.
(3) Types of chemical exposures.
(4) Sources of harmful dust.
(5) Sources of light radiation, for instance, welding, brazing,
cutting, heat treating, furnaces, and high intensity lights.
(6) Sources of falling objects or potential for dropping objects.
(7) Sources of sharp objects which might pierce or cut the hands.
(8) Sources of rolling or pinching objects which could crush the
feet.
(9) Layout of work place and location of co-workers.
(10) Any electrical hazards.
(11) Review injury/accident data to help identify problem areas.
Organize data. Following the walk-through survey, it is necessary to
organize the data and other information obtained. That material provides
the basis for hazard assessment that enables the employer to select the
appropriate PPE.
d. Analyze data. Having gathered and organized data regarding a
particular occupation, employers need to estimate the potential for
injuries. Each of the identified hazards (see paragraph 3.a.) should be
reviewed and classified as to its type, the level of risk, and the
seriousness of any potential injury. Where it is foreseeable that an
employee could be exposed to several hazards simultaneously, the
consequences of such exposure should be considered.
4. Selection guidelines. After completion of the procedures in
paragraph 3, the general procedure for selection of protective equipment
is to:
(a) become familiar with the potential hazards and the types of
protective equipment that are available, and what they can do; for
example, splash protection, and impact protection;
(b) compare the hazards associated with the environment; for
instance, impact velocities, masses, projectile shapes, radiation
intensities, with the capabilities of the available protective
equipment;
(c) select the protective equipment which ensures a level of
protection greater than the minimum required to protect employees from
the hazards; and
(d) fit the user with the protective device and give instructions on
care and use of the PPE. It is very important that users be made aware
of all warning labels and limitations of their PPE.
5. Fitting the device. Careful consideration must be given to
comfort and fit. The employee will be most likely to wear the protective
device if it fits comfortably. PPE that does not fit properly may not
provide the necessary protection, and may create other problems for
wearers. Generally, protective devices are available in a variety of
sizes and choices. Therefore employers should be careful to select the
appropriate sized PPE.
6. Devices with adjustable features. (a) Adjustments should be made
on an individual basis so the wearer will have a comfortable fit that
maintains the protective device in the proper position. Particular care
should be taken in fitting devices for eye protection against dust and
chemical splash to ensure that the seal is appropriate for the face.
[[Page 102]]
(b) In addition, proper fitting of hard hats is important to ensure
that the hard hat will not fall off during work operations. In some
cases a chin strap may be necessary to keep the hard hat on an
employee's head. (Chin straps should break at a reasonably low force to
prevent a strangulation hazard). Where manufacturer's instructions are
available, they should be followed carefully.
7. Reassessment of hazards. Compliance with the hazard assessment
requirements of Sec. 1915.152(b) will involve the reassessment of work
activities where changing circumstances make it necessary. a. The
employer should have a safety officer or other qualified person reassess
the hazards of the work activity area as necessary. This reassessment
should take into account changes in the workplace or work practices,
such as those associated with the installation of new equipment, and the
lessons learned from reviewing accident records, and a reevaluation
performed to determine the suitability of PPE selected for use.
8. Selection chart guidelines for eye and face protection. Examples
of occupations for which eye protection should be routinely considered
are carpenters, engineers, coppersmiths, instrument technicians,
insulators, electricians, machinists, mobile equipment mechanics and
repairers, plumbers and ship fitters, sheet metal workers and tinsmiths,
grinding equipment operators, machine operators, welders, boiler
workers, painters, laborers, grit blasters, ship fitters and burners.
This is not a complete list of occupations that require the use of eye
protection. The following chart provides general guidance for the proper
selection of eye and face protection to protect against hazards
associated with the listed hazard ``source'' operations.
Eye and Face Protection Selection Chart
------------------------------------------------------------------------
Assessment of
Source hazard Protection
------------------------------------------------------------------------
Impact:
Chipping, grinding Flying fragments, Spectacles with side
machining, masonry work, objects, large protection, goggles,
woodworking, sawing, chips, face shields. See
drilling, chiseling, particles, sand, notes (1), (3), (5),
powered fastening, dirt, etc. (6), (10). For
riveting, and sanding. severe exposure, use
face shield.
Heat:
Furnace operations, Hot sparks....... Face shields,
pouring, casting, hot goggles, spectacles
dipping, and welding. with side
protection. For
severe exposure use
face shield. See
notes (1), (2), (3).
Splash from Face shields worn
molten metals. over goggles. See
notes (1), (2), (3).
High temperature Screen face shields,
exposure. reflective face
shields. See notes
(1), (2), (3).
Chemicals:
Acid and chemicals Splash........... Goggles, eyecup and
handling, degreasing, cover types. For
plating. severe exposure, use
face shield. See
notes (3), (11).
Irritating mists. Special-purpose
goggles.
Dust:
Woodworking, buffing, Nuisance dust.... Goggles, eyecup and
general dusty conditions. cover types. See
note (8).
Light and/or Radiation:
Welding: Electric arc..... Optical radiation Welding helmets or
welding shields.
Typical shades: 10-
14. See notes (9),
(12).
Welding: Gas.............. Optical radiation Welding goggles or
welding face shield.
Typical shades: gas
welding 4-8, cutting
3-6, brazing 3-4.
See note (9).
Cutting, Torch brazing, Optical radiation Spectacles or welding
Torch soldering. face-shield. Typical
shades, 1.5-3. See
notes (3), (9).
Glare..................... Poor vision...... Spectacles with
shaded or special-
purpose lenses, as
suitable. See notes
(9), (10).
------------------------------------------------------------------------
Notes to Eye and Face Protection Selection Chart
(a) Care should be taken to recognize the possibility of multiple
and simultaneous exposure to a variety of hazards. Adequate protection
against the highest level of each of the hazards should be provided.
Protective devices do not provide unlimited protection.
(b) Operations involving heat may also involve light radiation. As
required by the standard, protection from both hazards must be provided.
(c) Face shields should only be worn over primary eye protection
(spectacles or goggles).
(d) As required by the standard, filter lenses must meet the
requirements for shade designations in Sec. 1915.153(a)(4). Tinted and
shaded lenses are not filter lenses unless they are marked or identified
as such.
(e) As required by the standard, persons whose vision requires the
use of prescription
[[Page 103]]
(Rx) lenses must wear either protective devices fitted with prescription
(Rx) lenses or protective devices designed to be worn over regular
prescription (Rx) eye wear.
(f) Wearers of contact lenses must also wear appropriate eye and
face protection devices in a hazardous environment. It should be
recognized that dusty and/or chemical environments may represent an
additional hazard to contact lens wearers.
(g) Caution should be exercised in the use of metal frame protective
devices in electrical hazard areas.
(h) Atmospheric conditions and the restricted ventilation of the
protector can cause lenses to fog. Frequent cleansing may be necessary.
(i) Welding helmets or face shields should be used only over primary
eye protection (spectacles or goggles).
(j) Non-side shield spectacles are available for frontal protection
only, but are not acceptable eye protection for the sources and
operations listed for ``impact.''
(k) Ventilation should be adequate, but well protected from splash
entry. Eye and face protection should be designed and used so that it
provides both adequate ventilation and protects the wearer from splash
entry.
(l) Protection from light radiation is directly related to filter
lens density. See note (d). Select the darkest shade that allows task
performance.
9. Selection guidelines for head protection. (a) Hard hats are
designed to provide protection from impact and penetration hazards
caused by falling objects. Head protection is also available which
provides protection from electric shock and burn. When selecting head
protection, knowledge of potential electrical hazards is important.
Class A helmets, in addition to impact and penetration resistance,
provide electrical protection from low-voltage conductors. (They are
proof tested to 2,200 volts.) Class B helmets, in addition to impact and
penetration resistance, provide electrical protection from high-voltage
conductors. (They are proof tested to 20,000 volts.) Class C helmets
provide impact and penetration resistance. (They are usually made of
aluminum, which conducts electricity and should not be used around
electrical hazards.)
(b) Where falling object hazards are present, head protection must
be worn. Some examples of exposure include: working below other workers
who are using tools and materials which could fall; working around or
under conveyor belts which are carrying parts or materials; working
below machinery or processes which might cause material or objects to
fall; and working on exposed energized conductors.
(c) Examples of occupations for which head protection should be
considered are: carpenters, electricians, machinists, boilermakers,
erectors, plumbers, coppersmiths, ship fitters, welders, laborers and
material handlers.
10. Selection guidelines for foot protection. (a) Safety shoes and
boots must meet ANSI Z41-1991 and provide impact and compression
protection to the foot. Where necessary, safety shoes can be obtained
which provide puncture protection. In some work situations, metatarsal
(top of foot) protection should be provided, and in some other special
situations, electrical conductive or insulating safety shoes would be
appropriate.
(b) Safety shoes or boots with impact protection would be required
for carrying or handling materials such as packages, objects, parts or
heavy tools, which could be dropped, and for other activities where
objects might fall onto the feet. Safety shoes or boots with compression
protection would be required for work activities involving skid trucks
(manual material handling carts) around bulk rolls (such as paper rolls)
and around heavy pipes, all of which could potentially roll over an
employees' feet. Safety shoes or boots with puncture protection would be
required where sharp objects such as nails, wire, tacks, screws, large
staples, scrap metal etc., could be stepped on by employees, causing an
injury.
(c) Some occupations (not a complete list) for which foot protection
should be routinely considered are: shipping and receiving clerks, stock
clerks, carpenters, electricians, machinists, boiler makers, plumbers,
copper smiths, pipe fitters, ship fitters, burners, chippers and
grinders, erectors, press operators, welders, laborers, and material
handlers.
11. Selection guidelines for hand protection. (a) Gloves are often
relied upon to prevent cuts, abrasions, burns, and skin contact with
chemicals that are capable of causing local or systemic effects
following dermal exposure. OSHA is unaware of any gloves that provide
protection against all potential hand hazards, and commonly available
glove materials provide only limited protection against many chemicals.
Therefore, it is important to select the most appropriate glove for a
particular application and to determine how long it can be worn, and
whether it can be reused.
(b) It is also important to know the performance characteristics of
gloves relative to the specific hazard anticipated, e.g., chemical
hazards, cut hazards, and flame hazards. These performance
characteristics should be assessed by using standard test procedures.
Before purchasing gloves, the employer should request documentation from
the manufacturer that the gloves meet the appropriate test standard(s)
for the hazard(s) anticipated.
(c) other general factors to be considered for glove selection are:
[[Page 104]]
(A) As long as the performance characteristics are acceptable, in
certain circumstances, it may be more cost effective to regularly change
cheaper gloves than to reuse more expensive types; and,
(B) The work activities of the employee should be studied to
determine the degree of dexterity required, the duration, frequency, and
degree of exposure to the hazard, and the physical stresses that will be
applied.
(d) With respect to selection of gloves for protection against
chemical hazards:
(A) The toxic properties of the chemical(s) must be determined; in
particular, the ability of the chemical to cause local effects on the
skin or to pass through the skin and cause systemic effects or both;
(B) Generally, any ``chemical resistant'' glove can be used for dry
powders;
(C) For mixtures and formulated products (unless specific test data
are available), a glove should be selected on the basis of the chemical
component with the shortest breakthrough time, since it is possible for
solvents to carry active ingredients through polymeric materials; and,
(D) Employees must be able to remove the gloves in such a manner as
to prevent skin contamination.
12. Cleaning and maintenance. (a) It is important that all PPE be
kept clean and be properly maintained. Cleaning is particularly
important for eye and face protection where dirty or fogged lenses could
impair vision.
(b) For the purposes of compliance, PPE should be inspected,
cleaned, and maintained at regular intervals so that the PPE provides
the requisite protection.
(c) It is important to ensure that contaminated PPE which cannot be
decontaminated is disposed of in a manner that protects employees from
exposure to hazards.
13. Examples of work activities, trades and selection of basic PPE.
Example 1: Welder. Based on an assessment of the work activity area
hazards to which welders are exposed, the equipment listed below is the
basic PPE required for this occupation. This does not take into account
a job location in which additional PPE may be required, such as where
the welder works from an elevated platform without guard rails. In this
situation the welder must also wear the proper fall protection
equipment, such as a body harness.
--Hard hat
--Welding Shield (Face)
--Welding Gloves
--Safety Glasses
--Safety Shoes
--Welding Sleeves (welding in the overhead position)
(Signed and dated)
Example 2: Yard Maintenance Worker. Based on an assessment of the
workplace hazards to which shipyard maintenance workers are exposed, the
equipment listed below is the basic PPE required for this occupation.
Where maintenance workers are exposed to other hazards, such as
asbestos, the insulation on a pipe is being repaired, maintenance
workers must be provided with the appropriate supplemental PPE
(requirements for asbestos PPE are set out in 1915.1001).
--Hard Hat
--Safety Glasses
--Work Gloves
--Safety Shoes
(Signed and Dated)
Example 3: Chipper and Grinder Worker. Based on an assessment of the
workplace hazards to which shipyard chipper and grinder workers are
exposed, the equipment listed below is the basic PPE required for this
occupation. Where workers are exposed to other hazards, such as
hazardous dust from chipping or grinding operations, chipper and grinder
workers must be provided with the appropriate supplemental PPE.
--Safety Glasses
--Transparent Face Shields
--Hearing Protection
--Foot Protection
--Gloves
(Signed and Dated)
Example 4: Painter. Based on an assessment of the workplace hazards
to which shipyard painters are exposed, the equipment listed below is
the basic PPE required for this occupation. Where painters are exposed
to other hazards, such as a fall from an elevation where no guardrails
are present, painters must be provided with the appropriate supplemental
PPE.
--Hard Hats
--Safety Glasses
--Disposable Clothing
--Gloves
--Respiratory Protection, including Airline Respirators when working in
Confined Spaces
--Barrier Creams
(Signed and Dated)
Example 5: Tank Cleaner. Tank cleaning operations and the basic PPE
required for them depend largely upon the type of cargo shipped in the
tank. Therefore, the following example is given for a tank in which
gasoline has been shipped. Based on an assessment of the workplace
hazards to which shipyard tank cleaners are exposed, specifically
benzene and flammability hazards, the equipment listed below is the
basic PPE required for this situation. Other tank cleaning operations
will require variations in the PPE listed below.
--Respiratory Protection, Airline Respirators for working in confined
spaces or where personal exposure limits could be exceeded.
--Chemically resistant clothing
--Face Shields
[[Page 105]]
--Chemically resistant boots
--Chemically resistant gloves
--Fall Protection
--Non sparking tools and equipment
--Explosion-proof Lighting
(Signed and Dated)
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44544, July 3, 2002]
Appendix B to Subpart I of Part 1915--General Testing Conditions and
Additional Guidelines for Personal Fall Protection Systems (Non-
Mandatory)
1. Personal fall arrest systems--(a) General test conditions. (1)
Lifelines, lanyards, and deceleration devices should be attached to an
anchorage and connected to the body-belt or body harness in the same
manner as they would be when used to protect employees, except that
lanyards should be tested only when connected directly to the anchorage,
and not when connected to a lifeline.
(2) The anchorage should be rigid, and should not have a deflection
greater than .04 inches (1 cm) when a force of 2,250 pounds (10.01 Kn)
is applied.
(3) The frequency response of the load measuring instrumentation
should be 100 Hz.
(4) The test weight used in the strength and force tests should be a
rigid, metal cylindrical or torso-shaped object with a girth of 38
inches plus or minus 4 inches (96.5 cm plus or minus 10.16 cm).
(5) The lanyard or lifeline used to create the free fall distance
should be the one supplied with the system, or in its absence, the least
elastic lanyard or lifeline available to be used by the employee with
the system.
(6) The test weight for each test should be hoisted to the required
level and should be quickly released without having any appreciable
motion imparted to it.
(7) The system's performance should be evaluated, taking into
account the range of environmental conditions for which it is designed
to be used.
(8) Following the test, the system need not be capable of further
operation.
(b) Strength test. (1) During the testing of all systems, a test
weight of 300 pounds plus or minus 5 pounds (136.08 kg plus or minus
2.27 kg) should be used. (See paragraph (a)(4) above.)
(2) The test consists of dropping the test weight once. A new unused
system should be used for each test.
(3) For lanyard systems, the lanyard length should be 6 feet plus or
minus 2 inches (1.83 m plus or minus 5.08 cm) as measured from the fixed
anchorage to the attachment on the body belt or harness.
(4) For rope-grab-type deceleration systems, the length of the
lifeline above the center line of the grabbing mechanism to the
lifeline's anchorage point should not exceed 2 feet (0.61 m).
(5) For lanyard systems, for systems with deceleration devices which
do not automatically limit free fall distance to 2 feet (0.61 m) or
less, and for systems with deceleration devices which have a connection
distance in excess of 1 foot (0.31 m) (measured between the centerline
of the lifeline and the attachment point to the body belt or harness),
the test weight should be rigged to free fall a distance of 7.5 feet
(2.29 m) from a point that is 1.5 feet (45.72 cm) above the anchorage
point, to its hanging location (6 feet (1.83 m) below the anchorage).
The test weight should fall without interference, obstruction, or
hitting the floor or the ground during the test. In some cases, a non-
elastic wire lanyard of sufficient length may need to be added to the
system (for test purposes) to create the necessary free fall distance.
(6) For deceleration device systems with integral lifelines or
lanyards which automatically limit free fall distance to 2 feet (0.61 m)
or less, the test weight should be rigged to free fall a distance of
four feet (1.22 m).
(7) Any weight which detaches from the belt or harness should
constitute failure for the strength test.
(c) Force test general. The test consists of dropping the respective
test weight once. A new, unused system should be used for each test.
(1) For lanyard systems. (i) A test weight of 220 pounds plus or
minus three pounds (99.79 kg plus or minus 1.36 kg) should be used (see
paragraph (a)(4) above).
(ii) Lanyard length should be 6 feet plus or minus 2 inches (1.83 m
plus or minus 5.08 cm) as measured from the fixed anchorage to the
attachment on the body belt or body harness.
(iii) The test weight should fall free from the anchorage level to
its handling location (a total of 6 feet (1.83 m) free fall distance)
without interference, obstruction, or hitting the floor or ground during
the test.
(2) For all other systems. (i) A test weight of 220 pounds plus or
minus 3 pounds (99.79 kg plus or minus 1.36 kg) should be used (see
paragraph (a)(4) above).
(ii) The free fall distance to be used in the test should be the
maximum fall distance physically permitted by the system during normal
use conditions, up to a maximum free fall distance for the test weight
of 6 feet (1.83 m), except as follows:
(A) For deceleration systems which have a connection link or
lanyard, the test weight should free fall a distance equal to the
connection distance (measured between the center line of the lifeline
and the attachment point to the body belt or harness).
(B) For deceleration device systems with integral life lines or
lanyards which automatically limit free fall distance to 2 feet
[[Page 106]]
(0.61 m) or less, the test weight should free fall a distance equal to
that permitted by the system in normal use. (For example, to test a
system with a self-retracting lifeline or lanyard, the test weight
should be supported and the system allowed to retract the lifeline or
lanyard as it would in normal use. The test weight would then be
released and the force and deceleration distance measured.)
(3) Failure. A system fails the force test if the recorded maximum
arresting force exceeds 1,260 pounds (5.6 Kn) when using a body belt, or
exceeds 2,520 pounds (11.21 Kn) when using a body harness.
(4) Distances. The maximum elongation and deceleration distance
should be recorded during the force test.
(d) Deceleration device tests--general. The device should be
evaluated or tested under the environmental conditions (such as rain,
ice, grease, dirt, type of lifeline, etc.) for which the device is
designed.
(1) Rope-grab-type deceleration devices. (i) Devices should be moved
on a lifeline 1,000 times over the same length of line a distance of not
less than 1 foot (30.48 cm), and the mechanism should lock each time.
(ii) Unless the device is permanently marked to indicate the type of
lifelines which must be used, several types (different diameters and
different materials) of lifelines should be used to test the device.
(2) Other-self-activating-type deceleration devices. The locking
mechanisms of other self-activating-type deceleration devices designed
for more than one arrest should lock each of 1,000 times as they would
in normal service.
2. Positioning device systems--(a) Test Conditions. (1) The fixed
anchorage should be rigid and should not have a deflection greater than
.04 inches (1.02 mm) when a force of 2,250 pounds (10.01 Kn) is applied.
(2) For lineman's body belts and pole straps, the body belt should
be secured to a 250 pound (113.4 kg) bag of sand at a point which
simulates the waist of an employee. One end of the pole strap should be
attached to the rigid anchorage and the other end to the body belt. The
sand bag should be allowed to free fall a distance of 4 feet (1.22 m).
Failure of the pole strap and body belt should be indicated by any
breakage or slippage sufficient to permit the bag to fall free to the
ground.
(3) For window cleaner's belts, the complete belt should withstand a
drop test consisting of a 250 pound (113.4 kg) weight falling free for a
distance of 6 feet (1.83 m). The weight should be a rigid object with a
girth of 38 inches plus or minus four inches (96.52 cm plus or minus
10.16 cm.) The weight should be placed in the waistband with the belt
buckle drawn firmly against the weight, as when the belt is worn by a
window cleaner. One belt terminal should be attached to a rigid anchor
and the other terminal should hang free. The terminals should be
adjusted to their maximum span. The weight fastened in the freely
suspended belt should then be lifted exactly 6 feet (1.83 m) above its
``at rest'' position and released so as to permit a free fall of 6 feet
(1.83 m) vertically below the point of attachment of the terminal
anchor. The belt system should be equipped with devices and
instrumentation capable of measuring the duration and magnitude of the
arrest forces. Any breakage or slippage which permits the weight to fall
free of the system constitutes failure of the test. In addition, the
initial and subsequent arresting force peaks should be measured and
should not exceed 2,000 pounds (8.9 Kn) for more than 2 milliseconds for
the initial impact, nor exceed 1,000 pounds (4.45 Kn) for the remainder
of the arrest time.
(4) All other positioning device systems (except for restraint line
systems) should withstand a drop test consisting of a 250-pound (113.4
kg) weight falling free for a distance of 4 feet (1.22 m). The weight
should be a rigid object with a girth of 38 inches plus or minus 4
inches (96.52 cm plus or minus 10.16 cm). The body belt or harness
should be affixed to the test weight as it would be to an employee. The
system should be connected to the rigid anchor in the manner that the
system would be connected in normal use. The weight should be lifted
exactly 4 feet (1.22 m) above its ``at rest'' position and released so
as to permit a vertical free fall of 4 feet (1.22 m). Any breakage or
slippage which permits the weight to fall free to the ground should
constitute failure of the system.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44544, July 3, 2002]
Subpart J_Ship's Machinery and Piping Systems
Sec. 1915.161 Scope and application of subpart.
The standards contained in this subpart shall apply to ship
repairing and shipbuilding and shall not apply to shipbreaking.
Sec. 1915.162 Ship's boilers.
(a) Before work is performed in the fire, steam, or water spaces of
a boiler where employees may be subject to injury from the direct escape
of a high temperature medium such as steam, or water, oil, or other
medium at a high temperature entering from an interconnecting system,
the employer shall insure that the following steps are taken:
[[Page 107]]
(1) The isolation and shutoff valves connecting the dead boiler with
the live system or systems shall be secured, blanked, and then locked or
tagged, in accordance with Sec. 1915.89, indicating that employees are
working on the boiler. This lock or tag shall not be removed nor the
valves unblanked until it is determined that this may be done without
creating a hazard to the employees working on the boiler, or until the
work on the boiler is completed, in accordance with Sec. 1915.89. When
valves are welded instead of bolted, at least two isolation and shutoff
valves connecting the dead boiler with the live system or systems shall
be secured, and then locked or tagged, in accordance with Sec. 1915.89.
(2) Drain connections to atmosphere on all of the dead
interconnecting systems shall be opened for visual observation of
drainage.
(3) A warning sign calling attention to the fact that employees are
working in the boilers shall be hung in a conspicuous location in the
engine room. This sign shall not be removed until it is determined that
the work is completed and all employees are out of the boilers.
[47 FR 16986, Apr. 20, 1982, as amended at 76 FR 24711, May 2, 2011]
Sec. 1915.163 Ship's piping systems.
(a) Before work is performed on a valve, fitting, or section of
piping in a piping system where employees may be subject to injury from
the direct escape of steam, or water, oil, or other medium at a high
temperature, the employer shall insure that the following steps are
taken:
(1) The isolation and shutoff valves connecting the dead system with
the live system or systems shall be secured, blanked, and then locked or
tagged, in accordance with Sec. 1915.89, indicating that employees are
working on the systems. The lock or tag shall not be removed or the
valves unblanked until it is determined that this may be done without
creating a hazard to the employees working on the system, or until the
work on the system is completed, in accordance with Sec. 1915.89. When
valves are welded instead of bolted, at least two isolation and shutoff
valves connecting the dead system with the live system or systems shall
be secured, and then locked or tagged, in accordance with Sec. 1915.89.
(2) Drain connections to the atmosphere on all of the dead
interconnecting systems shall be opened for visual observation of
drainage.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002; 76
FR 24711, May 2, 2011]
Sec. 1915.164 Ship's propulsion machinery.
(a) Before work is performed on the main engine, reduction gear, or
connecting accessories, the employer shall ensure that the following
steps are taken:
(1) The jacking gear shall be engaged to prevent the main engine
from turning over. A sign shall be posted at the throttle indicating
that the jacking gear is engaged. This sign shall not be removed until
the jacking gear can be safely disengaged.
(2) If the jacking gear is steam driven, the employer shall ensure
that the stop valves to the jacking gear are secured, and then locked or
tagged, in accordance with Sec. 1915.89.
(3) If the jacking gear is electrically driven, the circuit
controlling the jacking gear shall be de-energized by tripping the
circuit breaker, opening the switch, or removing the fuse, whichever is
appropriate, and then locked or tagged in accordance with Sec. 1915.89.
(b) Before the jacking engine is operated, the following precautions
shall be taken:
(1) A check shall be made to ensure that all employees, equipment,
and tools are clear of the engine, reduction gear, and its connecting
accessories.
(2) A check shall be made to ensure that all employees, equipment
and tools are free of the propeller.
(c) Before work is started on or in the immediate vicinity of the
propeller, a warning sign calling attention to the fact that employees
are working in that area shall be hung in a conspicuous location in the
engine room. This sign shall not be removed until it is determined that
the work is completed and all employees are free of the propeller.
[[Page 108]]
(d) Before the main engine is turned over (e.g., when warming up
before departure or testing after an overhaul) a check shall be made to
ensure that all employees, equipment, and tools are free of the
propeller.
[47 FR 16986, Apr. 20, 1982, as amended at 76 FR 24711, May 2, 2011]
Sec. 1915.165 Ship's deck machinery.
(a) Before work is performed on the anchor windlass or any of its
attached accessories, the employer shall ensure that the following steps
are taken:
(1) The devil claws (also known as chain stoppers) shall be made
fast to the anchor chains.
(2) The riding pawls shall be in the engaged position.
(3) In the absence of devil claws and riding pawls, the anchor
chains shall be secured to a suitable fixed structure of the vessel.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002]
Subpart K_Portable, Unfired Pressure Vessels, Drums and Containers,
Other Than Ship's Equipment
Sec. 1915.171 Scope and application of subpart.
The standards contained in this subpart shall apply to ship
repairing and shipbuilding and shall not apply to shipbreaking.
Sec. 1915.172 Portable air receivers and other unfired pressure
vessels.
(a) Portable, unfired pressure vessels, built after the effective
date of this regulation, shall be marked and reported indicating that
they have been designed and constructed to meet the standards of the
American Society of Mechanical Engineers Boiler and Pressure Vessel
Code, Section VIII, Rules for Construction of Unfired Pressure Vessels,
1963. They shall be subjected to a hydrostatic pressure test of one and
one-half times the working pressure of the vessels.
(b) Portable, unfired pressure vessels, not built to the code
requirements of paragraph (a) of this section, and built prior to the
effective date of this regulation, shall be examined quarterly by a
competent person. They shall be subjected yearly to a hydrostatic
pressure test of one and one-half times the working pressure of the
vessels.
(c) The relief valves on the portable, unfired pressure vessels in
paragraphs (a) and (b) of this section shall be set to the safe working
pressure of the vessels, or set to the lowest safe working pressure of
the systems, whichever is lower.
(d) A certification record of such examinations and tests made in
compliance with the requirements of paragraphs (a) and (b) of this
section shall be maintained. The certification record shall include the
date of examinations and tests, the signature of the person who
performed the examinations or tests and the serial number, or other
identifier, of the equipment examined and tested.
[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986;
67 FR 44545, July 3, 2002]
Sec. 1915.173 Drums and containers.
(a) Shipping drums and containers shall not be pressurized to remove
their contents.
(b) A temporarily assembled pressurized piping system conveying
hazardous liquids or gases shall be provided with a relief valve and by-
pass to prevent rupture of the system and the escape of such hazardous
liquids or gases.
(c) Pressure vessels, drums and containers containing toxic or
flammable liquids or gases shall not be stored or used where they are
subject to open flame, hot metal, or other sources of artificial heat.
(d) Unless pressure vessels, drums and containers of 30 gallon
capacity or over containing flammable or toxic liquids or gases are
placed in an out-of-the-way area where they will not be subject to
physical injury from an outside source, barriers or guards shall be
erected to protect them from such physical injury.
(e) Containers of 55 gallons or more capacity containing flammable
or toxic liquid shall be surrounded by dikes or pans which enclose a
volume equal to at least 35 percent of the total volume of the
containers.
[[Page 109]]
(f) Fire extinguishers adequate in number and suitable for the
hazard shall be provided. These extinguishers shall be located in the
immediate area where pressure vessels, drums and containers containing
flammable liquids or gases are stored or in use. Such extinguishers
shall be ready for use at all times.
Subpart L_Electrical Machinery
Sec. 1915.181 Electrical circuits and distribution boards.
(a) The provisions of this section shall apply to ship repairing and
shipbuilding and shall not apply to shipbreaking.
(b) Before an employee is permitted to work on an electrical
circuit, except when the circuit must remain energized for testing and
adjusting, the circuit shall be deenergized and checked at the point at
which the work is to be done to insure that it is actually deenergized.
When testing or adjusting an energized circuit a rubber mat, duck board,
or other suitable insulation shall be used underfoot where an insulated
deck does not exist.
(c) De-energizing the circuit shall be accomplished by opening the
circuit breaker, opening the switch, or removing the fuse, whichever
method is appropriate. The circuit breaker, switch, or fuse location
shall then be locked out or tagged in accordance with Sec. 1915.89.
(d) When work is performed immediately adjacent to an open-front
energized board or in back of an energized board, the board shall be
covered or some other equally safe means shall be used to prevent
contact with any of the energized parts.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002; 76
FR 24711, May 2, 2011]
Subparts M-O [Reserved]
Subpart P_Fire Protection in Shipyard Employment
Source: 69 FR 55702, Sept. 15, 2004, unless otherwise noted.
Sec. 1915.501 General provisions.
(a) Purpose. The purpose of the standard in this subpart is to
require employers to protect all employees from fire hazards in shipyard
employment, including employees engaged in fire response activities.
(b) Scope. This subpart covers employers with employees engaged in
shipyard employment aboard vessels and vessel sections, and on land-side
operations regardless of geographic location.
(c) Employee participation. The employer must provide ways for
employees or employee representatives, or both to participate in
developing and periodically reviewing programs and policies adopted to
comply with this subpart.
(d) Multi-employer worksites--(1) Host employer responsibilities.
The host employer's responsibilities are to:
(i) Inform all employers at the worksite about the content of the
fire safety plan including hazards, controls, fire safety and health
rules, and emergency procedures;
(ii) Make sure the safety and health responsibilities for fire
protection are assigned as appropriate to other employers at the
worksite; and
(iii) If there is more than one host employer, each host employer
must communicate relevant information about fire-related hazards to
other host employers. When a vessel owner or operator (temporarily)
becomes a host shipyard employer by directing the work of ships' crews
on repair or modification of the vessel or by hiring other contractors
directly, the vessel owner or operator must also comply with these
provisions for host employers.
(2) Contract employer responsibilities. The contract employer's
responsibilities are to:
(i) Make sure that the host employer knows about the fire-related
hazards associated with the contract employer's work and what the
contract employer is doing to address them; and
(ii) Advise the host employer of any previously unidentified fire-
related hazards that the contract employer identifies at the worksite.
[[Page 110]]
Sec. 1915.502 Fire safety plan.
(a) Employer responsibilities. The employer must develop and
implement a written fire safety plan that covers all the actions that
employers and employees must take to ensure employee safety in the event
of a fire. (See Appendix A to this subpart for a Model Fire Safety
Plan.)
(b) Plan elements. The employer must include the following
information in the fire safety plan:
(1) Identification of the significant fire hazards;
(2) Procedures for recognizing and reporting unsafe conditions;
(3) Alarm procedures;
(4) Procedures for notifying employees of a fire emergency;
(5) Procedures for notifying fire response organizations of a fire
emergency;
(6) Procedures for evacuation;
(7) Procedures to account for all employees after an evacuation; and
(8) Names, job titles, or departments for individuals who can be
contacted for further information about the plan.
(c) Reviewing the plan with employees. The employer must review the
plan with each employee at the following times:
(1) Within 90 days of December 14, 2004, for employees who are
currently working;
(2) Upon initial assignment for new employees; and
(3) When the actions the employee must take under the plan change
because of a change in duties or a change in the plan.
(d) Additional employer requirements. The employer also must:
(1) Keep the plan accessible to employees, employee representatives,
and OSHA;
(2) Review and update the plan whenever necessary, but at least
annually;
(3) Document that affected employees have been informed about the
plan as required by paragraph (c) of this section; and
(4) Ensure any outside fire response organization that the employer
expects to respond to fires at the employer's worksite has been given a
copy of the current plan.
(e) Contract employers. Contract employers in shipyard employment
must have a fire safety plan for their employees, and this plan must
comply with the host employer's fire safety plan.
Sec. 1915.503 Precautions for hot work.
(a) General requirements--(1) Designated Areas. The employer may
designate areas for hot work in sites such as vessels, vessel sections,
fabricating shops, and subassembly areas that are free of fire hazards.
(2) Non-designated Areas. (i) Before authorizing hot work in a non-
designated area, the employer must visually inspect the area where hot
work is to be performed, including adjacent spaces, to ensure the area
is free of fire hazards, unless a Marine Chemist's certificate or
Shipyard Competent Person's log is used for authorization.
(ii) The employer shall authorize employees to perform hot work only
in areas that are free of fire hazards, or that have been controlled by
physical isolation, fire watches, or other positive means.
Note to paragraph (a)(2): The requirements of paragraph (a)(2) apply
to all hot work operations in shipyard employment except those covered
by Sec. 1915.14.
(b) Specific requirements--(1) Maintaining fire hazard-free
conditions. The employer must keep all hot work areas free of new
hazards that may cause or contribute to the spread of fire. Unexpected
energizing and energy release are covered by 29 CFR 1915.181, Subpart L.
Exposure to toxic and hazardous substances is covered in 29 CFR
1915.1000 through 1915.1450, subpart Z.
(2) Fuel gas and oxygen supply lines and torches. The employer must
make sure that:
(i) No unattended fuel gas and oxygen hose lines or torches are in
confined spaces;
(ii) No unattended charged fuel gas and oxygen hose lines or torches
are in enclosed spaces for more than 15 minutes; and
(iii) All fuel gas and oxygen hose lines are disconnected at the
supply manifold at the end of each shift;
(iv) All disconnected fuel gas and oxygen hose lines are rolled back
to the supply manifold or to open air to disconnect the torch; or
extended fuel gas
[[Page 111]]
and oxygen hose lines are not reconnected at the supply manifold unless
the lines are given a positive means of identification when they were
first connected and the lines are tested using a drop test or other
positive means to ensure the integrity of fuel gas and oxygen burning
system.
Sec. 1915.504 Fire watches.
(a) Written fire watch policy. The employer must create and keep
current a written policy that specifies the following requirements for
employees performing fire watch in the workplace:
(1) The training employees must be given (Sec. 1915.508(c) contains
detailed fire watch training requirements);
(2) The duties employees are to perform;
(3) The equipment employees must be given; and
(4) The personal protective equipment (PPE) that must be made
available and worn as required by 29 CFR Part 1915, Subpart I.
(b) Posting fire watches. The employer must post a fire watch if
during hot work any of the following conditions are present:
(1) Slag, weld splatter, or sparks might pass through an opening and
cause a fire;
(2) Fire-resistant guards or curtains are not used to prevent
ignition of combustible materials on or near decks, bulkheads,
partitions, or overheads;
(3) Combustible material closer than 35 ft. (10.7m) to the hot work
in either the horizontal or vertical direction cannot be removed,
protected with flame-proof covers, or otherwise shielded with metal or
fire-resistant guards or curtains;
(4) The hot work is carried out on or near insulation, combustible
coatings, or sandwich-type construction that cannot be shielded, cut
back, or removed, or in a space within a sandwich type construction that
cannot be inerted;
(5) Combustible materials adjacent to the opposite sides of
bulkheads, decks, overheads, metal partitions, or sandwich-type
construction may be ignited by conduction or radiation;
(6) The hot work is close enough to cause ignition through heat
radiation or conduction on the following:
(i) Insulated pipes, bulkheads, decks, partitions, or overheads; or
(ii) Combustible materials and/or coatings;
(7) The work is close enough to unprotected combustible pipe or
cable runs to cause ignition; or
(8) A Marine Chemist, a Coast Guard-authorized person, or a shipyard
Competent Person, as defined in 29 CFR Part 1915, Subpart B, requires
that a fire watch be posted.
(c) Assigning employees to fire watch duty. (1) The employer must
not assign other duties to a fire watch while the hot work is in
progress.
(2) Employers must ensure that employees assigned to fire watch
duty:
(i) Have a clear view of and immediate access to all areas included
in the fire watch;
(ii) Are able to communicate with workers exposed to hot work;
(iii) Are authorized to stop work if necessary and restore safe
conditions within the hot work area;
(iv) Remain in the hot work area for at least 30 minutes after
completion of the hot work, unless the employer or its representative
surveys the exposed area and makes a determination that there is no
further fire hazard;
(v) Are trained to detect fires that occur in areas exposed to the
hot work;
(vi) Attempt to extinguish any incipient stage fires in the hot work
area that are within the capability of available equipment and within
the fire watch's training qualifications, as defined in Sec. 1915.508;
(vii) Alert employees of any fire beyond the incipient stage; and
(viii) If unable to extinguish fire in the areas exposed to the hot
work, activate the alarm.
(3) The employer must ensure that employees assigned to fire watch
are physically capable of performing these duties.
Sec. 1915.505 Fire response.
(a) Employer responsibilities. The employer must:
(1) Decide what type of response will be provided and who will
provide it; and
[[Page 112]]
(2) Create, maintain, and update a written policy that:
(i) Describes the internal and outside fire response organizations
that the employer will use; and
(ii) Defines what evacuation procedures employees must follow, if
the employer chooses to require a total or partial evacuation of the
worksite at the time of a fire.
(b) Required written policy information--(1) Internal fire response.
If an internal fire response is to be used, the employer must include
the following information in the employer's written policy:
(i) The basic structure of the fire response organization;
(ii) The number of trained fire response employees;
(iii) The fire response functions that may need to be carried out;
(iv) The minimum number of fire response employees necessary, the
number and types of apparatuses, and a description of the fire
suppression operations established by written standard operating
procedures for each type of fire response at the employer's facility;
(v) The type, amount, and frequency of training that must be given
to fire response employees; and
(vi) The procedures for using protective clothing and equipment.
(2) Outside fire response. If an outside fire response organization
is used, the employer must include the following information in the
written policy:
(i) The types of fire suppression incidents to which the fire
response organization is expected to respond at the employer's facility
or worksite;
(ii) The liaisons between the employer and the outside fire response
organizations; and
(iii) A plan for fire response functions that:
(A) Addresses procedures for obtaining assistance from the outside
fire response organization;
(B) Familiarizes the outside fire response organization with the
layout of the employer's facility or worksite, including access routes
to controlled areas, and site-specific operations, occupancies, vessels
or vessel sections, and hazards; and,
(C) Sets forth how hose and coupling connection threads are to be
made compatible and includes where the adapter couplings are kept; or
(D) States that the employer will not allow the use of incompatible
hose connections.
(3) A combination of internal and outside fire response. If a
combination of internal and outside fire response is to be used, the
employer must include the following information, in addition to the
requirements in paragraphs (b)(1) and (2) of this section, in the
written policy:
(i) The basic organizational structure of the combined fire
response;
(ii) The number of combined trained fire responders;
(iii) The fire response functions that may need to be carried out;
(iv) The minimum number of fire response employees necessary, the
number and types of apparatuses, and a description of the fire
suppression operations established by written standard operating
procedures for each particular type of fire response at the worksite;
and
(v) The type, amount, and frequency of joint training with outside
fire response organizations if given to fire response employees.
(4) Employee evacuation. The employer must include the following
information in the employer's written policy:
(i) Emergency escape procedures;
(ii) Procedures to be followed by employees who may remain longer at
the worksite to perform critical shipyard employment operations during
the evacuation;
(iii) Procedures to account for all employees after emergency
evacuation is completed;
(iv) The preferred means of reporting fires and other emergencies;
and
(v) Names or job titles of the employees or departments to be
contacted for further information or explanation of duties.
(5) Rescue and emergency response. The employer must include the
following information in the employer's written policy:
(i) A description of the emergency rescue procedures; and
(ii) Names or job titles of the employees who are assigned to
perform them.
[[Page 113]]
(c) Medical requirements for shipyard fire response employees. The
employer must ensure that:
(1) All fire response employees receive medical examinations to
assure that they are physically and medically fit for the duties they
are expected to perform;
(2) Fire response employees, who are required to wear respirators in
performing their duties, meet the medical requirements of Sec.
1915.154;
(3) Each fire response employee has an annual medical examination;
and
(4) The medical records of fire response employees are kept in
accordance with Sec. 1915.1020.
(d) Organization of internal fire response functions. The employer
must:
(1) Organize fire response functions to ensure enough resources to
conduct emergency operations safely;
(2) Establish lines of authority and assign responsibilities to
ensure that the components of the internal fire response are
accomplished;
(3) Set up an incident management system to coordinate and direct
fire response functions, including:
(i) Specific fire emergency responsibilities;
(ii) Accountability for all fire response employees participating in
an emergency operation; and
(iii) Resources offered by outside organizations; and
(4) Provide the information required in this paragraph (d) to the
outside fire response organization to be used.
(e) Personal protective clothing and equipment for fire response
employees--(1) General requirements. The employer must:
(i) Supply to all fire response employees, at no cost, the
appropriate personal protective clothing and equipment they may need to
perform expected duties; and
(ii) Ensure that fire response employees wear the appropriate
personal protective clothing and use the equipment, when necessary, to
protect them from hazardous exposures.
(2) Thermal stability and flame resistance. The employer must:
(i) Ensure that each fire response employee exposed to the hazards
of flame does not wear clothing that could increase the extent of injury
that could be sustained; and
(ii) Prohibit wearing clothing made from acetate, nylon, or
polyester, either alone or in blends, unless it can be shown that:
(A) The fabric will withstand the flammability hazard that may be
encountered; or
(B) The clothing will be worn in such a way to eliminate the
flammability hazard that may be encountered.
(3) Respiratory protection. The employer must:
(i) Provide self-contained breathing apparatus (SCBA) to all fire
response employees involved in an emergency operation in an atmosphere
that is immediately dangerous to life or health (IDLH), potentially
IDLH, or unknown;
(ii) Provide SCBA to fire response employees performing emergency
operations during hazardous chemical emergencies that will expose them
to known hazardous chemicals in vapor form or to unknown chemicals;
(iii) Provide fire response employees who perform or support
emergency operations that will expose them to hazardous chemicals in
liquid form either:
(A) SCBA, or
(B) Respiratory protective devices certified by the National
Institute for Occupational Safety and Health (NIOSH) under 42 CFR Part
84 as suitable for the specific chemical environment;
(iv) Ensure that additional outside air supplies used in conjunction
with SCBA result in positive pressure systems that are certified by
NIOSH under 42 CFR Part 84;
(v) Provide only SCBA that meet the requirements of NFPA 1981-2002
Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and
Emergency Services (incorporated by reference, see Sec. 1915.5); and
(vi) Ensure that the respiratory protection program and all
respiratory protection equipment comply with Sec. 1915.154.
(4) Interior structural firefighting operations. The employer must:
(i) Supply at no cost to all fire response employees exposed to the
hazards of shipyard fire response, a helmet, gloves, footwear, and
protective
[[Page 114]]
hoods, and either a protective coat and trousers or a protective
coverall; and
(ii) Ensure that this equipment meets the applicable recommendations
in NFPA 1971-2000 Standard on Protective Ensemble for Structural Fire
Fighting (incorporated by reference, see Sec. 1915.5).
(5) Proximity firefighting operations. The employer must provide, at
no cost, to all fire response employees who are exposed to the hazards
of proximity firefighting, appropriate protective proximity clothing
meets the applicable recommendations in NFPA 1976-2000 Standard on
Protective Ensemble for Proximity Fire Fighting (incorporated by
reference, see Sec. 1915.5).
(6) Personal Alert Safety System (PASS) devices. The employer must:
(i) Provide each fire response employee involved in firefighting
operations with a PASS device; and
(ii) Ensure that each PASS device meets the recommendations in NFPA
1982-1998 Standard on Personal Alert Safety Systems (PASS),
(incorporated by reference, see Sec. 1915.5).
(7) Life safety ropes, body harnesses, and hardware. The employer
must ensure that:
(i) All life safety ropes, body harnesses, and hardware used by fire
response employees for emergency operations meet the applicable
recommendations in NFPA 1983-2001, Standard on Fire Service Life Safety
Rope and System Components (incorporated by reference, see Sec.
1915.5);
(ii) Fire response employees use only Class I body harnesses to
attach to ladders and aerial devices; and
(iii) Fire response employees use only Class II and Class III body
harnesses for fall arrest and rappelling operations.
(f) Equipment maintenance--(1) Personal protective equipment. The
employer must inspect and maintain personal protective equipment used to
protect fire response employees to ensure that it provides the intended
protection.
(2) Fire response equipment. The employer must:
(i) Keep fire response equipment in a state of readiness;
(ii) Standardize all fire hose coupling and connection threads
throughout the facility and on vessels and vessel sections by providing
the same type of hose coupling and connection threads for hoses of the
same or similar diameter; and
(iii) Ensure that either all fire hoses and coupling connection
threads are the same within a facility or vessel or vessel section as
those used by the outside fire response organization, or supply suitable
adapter couplings if such an organization is expected to use the fire
response equipment within a facility or vessel or vessel section.
[69 FR 55702, Sept. 15, 2004, as amended at 71 FR 60847, Oct. 17, 2006]
Sec. 1915.506 Hazards of fixed extinguishing systems on board vessels
and vessel sections.
(a) Employer responsibilities. The employer must comply with the
provisions of this section whenever employees are exposed to fixed
extinguishing systems that could create a dangerous atmosphere when
activated in vessels and vessel sections, regardless of geographic
location.
(b) Requirements for automatic and manual systems. Before any work
is done in a space equipped with fixed extinguishing systems, the
employer must either:
(1) Physically isolate the systems or use other positive means to
prevent the systems' discharge; or
(2) Ensure employees are trained to recognize:
(i) Systems' discharge and evacuation alarms and the appropriate
escape routes; and
(ii) Hazards associated with the extinguishing systems and agents
including the dangers of disturbing system components and equipment such
as piping, cables, linkages, detection devices, activation devices, and
alarm devices.
(c) Sea and dock trials. During trials, the employer must ensure
that all systems shall remain operational.
(d) Doors and hatches. The employer must:
(1) Take protective measures to ensure that all doors, hatches,
scuttles, and other exit openings remain working and accessible for
escape in the event the systems are activated; and
[[Page 115]]
(2) Ensure that all inward opening doors, hatches, scuttles, and
other potential barriers to safe exit are removed, locked open, braced,
or otherwise secured so that they remain open and accessible for escape
if systems' activation could result in a positive pressure in the
protected spaces sufficient to impede escape.
(e) Testing the system. (1) When testing a fixed extinguishing
system involves a total discharge of extinguishing medium into a space,
the employer must evacuate all employees from the space and assure that
no employees remain in the space during the discharge. The employer must
retest the atmosphere in accordance with Sec. 1915.12 to ensure that
the oxygen levels are safe for employees to enter.
(2) When testing a fixed extinguishing system does not involve a
total discharge of the systems extinguishing medium, the employer must
make sure that the system's extinguishing medium is physically isolated
and that all employees not directly involved in the testing are
evacuated from the protected space.
(f) Conducting system maintenance. Before conducting maintenance on
a fixed extinguishing system, the employer must ensure that the system
is physically isolated.
(g) Using fixed manual extinguishing systems for fire protection. If
fixed manual extinguishing systems are used to provide fire protection
for spaces in which the employees are working, the employer must ensure
that:
(1) Only authorized employees are allowed to activate the system;
(2) Authorized employees are trained to operate and activate the
systems; and
(3) All employees are evacuated from the protected spaces, and
accounted for, before the fixed manual extinguishing system is
activated.
Sec. 1915.507 Land-side fire protection systems.
(a) Employer responsibilities. The employer must ensure all fixed
and portable fire protection systems needed to meet an OSHA standard for
employee safety or employee protection from fire hazards in land-side
facilities, including, but not limited to, buildings, structures, and
equipment, meet the requirements of this section.
(b) Portable fire extinguishers and hose systems. (1) The employer
must select, install, inspect, maintain, and test all portable fire
extinguishers according to NFPA 10-2002 Standard for Portable Fire
Extinguishers (incorporated by reference, see Sec. 1915.5).
(2) The employer is permitted to use Class II or Class III hose
systems, in accordance with NFPA 10-2002 (incorporated by reference, see
Sec. 1915.5), as portable fire extinguishers if the employer selects,
installs, inspects, maintains, and tests those systems according to the
specific recommendations in NFPA 14-2003 Standard for the Installation
of Standpipe and Hose Systems (incorporated by reference, see Sec.
1915.5).
(c) General requirements for fixed extinguishing systems. The
employer must:
(1) Ensure that any fixed extinguishing system component or
extinguishing agent is approved by an OSHA Nationally Recognized Testing
Laboratory, meeting the requirements of 29 CFR 1910.7, for use on the
specific hazards the employer expects it to control or extinguish;
(2) Notify employees and take the necessary precautions to ensure
employees are safe from fire if for any reason a fire extinguishing
system stops working, until the system is working again;
(3) Ensure all repairs to fire extinguishing systems and equipment
are done by a qualified technician or mechanic;
(4) Provide and ensure employees use proper personal protective
equipment when entering discharge areas in which the atmosphere remains
hazardous to employee safety or health, or provide safeguards to prevent
employees from entering those areas. See Sec. 1915.12 for additional
requirements applicable to safe entry into spaces containing dangerous
atmospheres;
(5) Post hazard warning or caution signs at both the entrance to and
inside of areas protected by fixed extinguishing systems that use
extinguishing agents in concentrations known to be hazardous to employee
safety or health; and
(6) Select, install, inspect, maintain, and test all automatic fire
detection
[[Page 116]]
systems and emergency alarms according to NFPA 72-2002 National Fire
Alarm Code (incorporated by reference, see Sec. 1915.5)
(d) Fixed extinguishing systems. The employer must select, install,
maintain, inspect, and test all fixed systems required by OSHA as
follows:
(1) Standpipe and hose systems according to NFPA 14-2003 Standard
for the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec. 1915.5);
(2) Automatic sprinkler systems according to NFPA 25-2002 Standard
for the Inspection, Testing, and Maintenance of Water-based Fire
Protection Systems, (incorporated by reference, see Sec. 1915.5), and
either (i) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems (incorporated by reference, see Sec. 1915.5), or (ii) NFPA 750-
2003 Standard on Water Mist Fire Protection Systems (incorporated by
reference, see Sec. 1915.5);
(3) Fixed extinguishing systems that use water or foam as the
extinguishing agent according to NFPA 15-2001 Standard for Water Spray
Fixed Systems for Fire Protection (incorporated by reference, see Sec.
1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
Foam (incorporated by reference, see Sec. 1915.5);
(4) Fixed extinguishing systems using dry chemical as the
extinguishing agent according to NFPA 17-2002 Standard for Dry Chemical
Extinguishing Systems (incorporated by reference, see Sec. 1915.5); and
(5) Fixed extinguishing systems using gas as the extinguishing agent
according to NFPA 12-2005 Standard on Carbon Dioxide Extinguishing
Systems (incorporated by reference, see Sec. 1915.5); NFPA 12A-2004
Standard on Halon 1301 Fire Extinguishing Systems (incorporated by
reference, see Sec. 1915.5); and NFPA 2001-2004 Standard on Clean Agent
Fire Extinguishing Systems (incorporated by reference, see Sec.
1915.5).
[69 FR 55702, Sept. 15, 2004, as amended at 71 FR 60847, Oct. 17, 2006]
Sec. 1915.508 Training.
(a) The employer must train employees in the applicable requirements
of this section:
(1) Within 90 days of December 14, 2004, for employees currently
working;
(2) Upon initial assignment for new employees; and
(3) When necessary to maintain proficiency for employees previously
trained.
(b) Employee training. The employer must ensure that all employees
are trained on:
(1) The emergency alarm signals, including system discharge alarms
and employee evacuation alarms; and
(2) The primary and secondary evacuation routes that employees must
use in the event of a fire in the workplace. While all vessels and
vessel sections must have a primary evacuation route, a secondary
evacuation route is not required when impracticable.
(c) Additional training requirements for employees expected to fight
incipient stage fires. The employer must ensure that employees expected
to fight incipient stage fires are trained on the following:
(1) The general principles of using fire extinguishers or hose
lines, the hazards involved with incipient firefighting, and the
procedures used to reduce these hazards;
(2) The hazards associated with fixed and portable fire protection
systems that employees may use or to which they may be exposed during
discharge of those systems; and
(3) The activation and operation of fixed and portable fire
protection systems that the employer expects employees to use in the
workplace.
(d) Additional training requirements for shipyard employees
designated for fire response. The employer must:
(1) Have a written training policy stating that fire response
employees must be trained and capable of carrying out their duties and
responsibilities at all times;
(2) Keep written standard operating procedures that address
anticipated emergency operations and update these procedures as
necessary;
(3) Review fire response employee training programs and hands-on
sessions before they are used in fire response training to make sure
that fire response employees are protected from hazards associated with
fire response training;
[[Page 117]]
(4) Provide training for fire response employees that ensures they
are capable of carrying out their duties and responsibilities under the
employer's standard operating procedures;
(5) Train new fire response employees before they engage in
emergency operations;
(6) At least quarterly, provide training on the written operating
procedures to fire response employees who are expected to fight fires;
(7) Use qualified instructors to conduct the training;
(8) Conduct any training that involves live fire response exercises
in accordance with NFPA 1403-2002 Standard on Live Fire Training
Evolutions (incorporated by reference, see Sec. 1915.5);
(9) Conduct semi-annual drills according to the employer's written
procedures for fire response employees that cover site-specific
operations, occupancies, buildings, vessels and vessel sections, and
fire-related hazards; and
(10) Prohibit the use of smoke generating devices that create a
dangerous atmosphere in training exercises.
(e) Additional training requirements for fire watch duty. (1) The
employer must ensure that each fire watch is trained by an instructor
with adequate fire watch knowledge and experience to cover the items as
follows:
(i) Before being assigned to fire watch duty;
(ii) Whenever there is a change in operations that presents a new or
different hazard;
(iii) Whenever the employer has reason to believe that the fire
watch's knowledge, skills, or understanding of the training previously
provided is inadequate; and
(iv) Annually.
(2) The employer must ensure that each employee who stands fire
watch duty is trained in:
(i) The basics of fire behavior, the different classes of fire and
of extinguishing agents, the stages of fire, and methods for
extinguishing fires;
(ii) Extinguishing live fire scenarios whenever allowed by local and
federal law;
(iii) The recognition of the adverse health effects that may be
caused by exposure to fire;
(iv) The physical characteristics of the hot work area;
(v) The hazards associated with fire watch duties;
(vi) The personal protective equipment (PPE) needed to perform fire
watch duties safely;
(vii) The use of PPE;
(viii) The selection and use of any fire extinguishers and fire
hoses likely to be used by a fire watch in the work area;
(ix) The location and use of barriers;
(x) The means of communication designated by the employer for fire
watches;
(xi) When and how to start fire alarm procedures; and
(xii) The employer's evacuation plan.
(3) The employer must ensure that each fire watch is trained to
alert others to exit the space whenever:
(i) The fire watch perceives an unsafe condition;
(ii) The fire watch perceives that a worker performing hot work is
in danger;
(iii) The employer or a representative of the employer orders an
evacuation; or
(iv) An evacuation signal, such as an alarm, is activated.
(f) Records. The employer must keep records that demonstrate that
employees have been trained as required by paragraphs (a) through (e) of
this section.
(1) The employer must ensure that the records include the employee's
name; the trainer's name; the type of training; and the date(s) on which
the training took place.
(2) The employer must keep each training record for one year from
the time it was made or until it is replaced with a new training record,
whichever is shorter, and make it available for inspection and copying
by OSHA on request.
Sec. 1915.509 Definitions applicable to this subpart.
Alarm--a signal or message from a person or device that indicates
that there is a fire, medical emergency, or other situation that
requires emergency response or evacuation. At some shipyards, this may
be called an ``incident'' or a ``call for service.''
[[Page 118]]
Alarm system--a system that warns employees at the worksite of
danger.
Body harness--a system of straps that 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.
Class II standpipe system--a 1\1/2\ inch (3.8 cm) hose system which
provides a means for the control or extinguishment of incipient stage
fires.
Contract employer--an employer, such as a painter, joiner,
carpenter, or scaffolding sub-contractor, who performs 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 incidental services that do not influence shipyard
employment (such as mail delivery or office supply services).
Dangerous atmosphere--an atmosphere that may expose employees to the
risk of death, incapacitation, injury, acute illness, or impairment of
ability to self-rescue (i.e., escape unaided from a confined or enclosed
space).
Designated area--an area established for hot work after an
inspection that is free of fire hazards.
Drop Test--a method utilizing gauges to ensure the integrity of an
oxygen fuel gas burning system. The method requires that the burning
torch is installed to one end of the oxygen and fuel gas lines and then
the gauges are attached to the other end of the hoses. The manifold or
cylinder supply valve is opened and the system is pressurized. The
manifold or cylinder supply valve is then closed and the gauges are
watched for at least sixty (60) seconds. Any drop in pressure indicates
a leak.
Emergency operations--activities performed by fire response
organizations that are related to: rescue, fire suppression, emergency
medical care, and special operations or activities that include
responding to the scene of an incident and all activities performed at
that scene.
Fire hazard--a condition or material that may start or contribute to
the spread of fire.
Fire protection--methods of providing fire prevention, response,
detection, control, extinguishment, and engineering.
Fire response--the activity taken by the employer at the time of an
emergency incident involving a fire at the worksite, including fire
suppression activities carried out by internal or external resources or
a combination of both, or total or partial employee evacuation of the
area exposed to the fire.
Fire response employee--a shipyard employee who carries out the
duties and responsibilities of shipyard firefighting in accordance with
the fire safety plan.
Fire response organization--an organized group knowledgeable,
trained, and skilled in shipyard firefighting operations that responds
to shipyard fire emergencies, including: fire brigades, shipyard fire
departments, private or contractual fire departments, and municipal fire
departments.
Fire suppression--the activities involved in controlling and
extinguishing fires.
Fire watch--the activity of observing and responding to the fire
hazards associated with hot work in shipyard employment and the
employees designated to do so.
Fixed extinguishing system--a permanently installed fire protection
system that either extinguishes or controls fire occurring in the space
it protects.
Flammable liquid--any liquid having a flashpoint below 100 [deg]F
(37.8 [deg]C), except any mixture having components with flashpoints of
100 [deg]F (37.8 [deg]C) or higher, the total of which make up 99
percent or more of the total volume of the mixture.
Hazardous substance--a substance likely to cause injury by reason of
being explosive, flammable, poisonous, corrosive, oxidizing, an
irritant, or otherwise harmful.
Hose systems--fire protection systems consisting of a water supply,
approved fire hose, and a means to control the flow of water at the
output end of the hose.
Host employer--an employer who is in charge of coordinating work or
who hires other employers to perform work at a multi-employer workplace.
Incident management system--a system that defines the roles and
responsibilities to be assumed by personnel and
[[Page 119]]
the operating procedures to be used in the management and direction of
emergency operations; the system is also referred to as an ``incident
command system'' (ICS).
Incipient stage fire--a fire, in the initial or beginning stage,
which can be controlled or extinguished by portable fire extinguishers,
Class II standpipe or small hose systems without the need for protective
clothing or breathing apparatus.
Inerting--the displacement of the atmosphere in a permit space by
noncombustible gas (such as nitrogen) to such an extent that the
resulting atmosphere is noncombustible. This procedure produces an IDLH
oxygen-deficient atmosphere.
Interior structural firefighting operations--the physical activity
of fire response, rescue, or both involving a fire beyond the incipient
stage inside of buildings, enclosed structures, vessels, and vessel
sections.
Multi-employer workplace--a workplace where there is a host employer
and at least one contract employer.
Personal Alert Safety System (PASS)--a device that sounds a loud
signal if the wearer becomes immobilized or is motionless for 30 seconds
or more.
Physical isolation--the elimination of a fire hazard by removing the
hazard from the work area (at least 35 feet for combustibles), by
covering or shielding the hazard with a fire-resistant material, or
physically preventing the hazard from entering the work area.
Physically isolated--positive isolation of the supply from the
distribution piping of a fixed extinguishing system. Examples of ways to
physically isolate include: removing a spool piece and installing a
blank flange; providing a double block and bleed valve system; or
completely disconnecting valves and piping from all cylinders or other
pressure vessels containing extinguishing agents.
Protected space--any space into which a fixed extinguishing system
can discharge.
Proximity firefighting--specialized fire-fighting operations that
require specialized thermal protection and may include the activities of
rescue, fire suppression, and property conservation at incidents
involving fires producing very high levels of conductive, convective,
and radiant heat such as aircraft fires, bulk flammable gas fires, and
bulk flammable liquid fires. Proximity firefighting operations usually
are exterior operations but may be combined with structural firefighting
operations. Proximity firefighting is not entry firefighting.
Qualified instructor--a person with specific knowledge, training,
and experience in fire response or fire watch activities to cover the
material found in Sec. 1915.508(b) or (c).
Rescue--locating endangered persons at an emergency incident,
removing those persons from danger, treating the injured, and
transporting the injured to an appropriate health care facility.
Shipyard firefighting--the activity of rescue, fire suppression, and
property conservation involving buildings, enclosed structures,
vehicles, vessels, aircraft, or similar properties involved in a fire or
emergency situation.
Small hose system--a system of hoses ranging in diameter from \5/
8\[sec] (1.6 cm) up to 1\1/2\[sec] (3.8 cm) which is for the use of
employees and which provides a means for the control and extinguishment
of incipient stage fires.
Standpipe--a fixed fire protection system consisting of piping and
hose connections used to supply water to approved hose lines or
sprinkler systems. The hose may or may not be connected to the system.
Appendix A to Subpart P of Part 1915--Model Fire Safety Plan (Non-
Mandatory)
Model Fire Safety Plan
Note: This appendix is non-mandatory and provides guidance to assist
employers in establishing a Fire Safety Plan as required in Sec.
1915.502.
Table of Contents
I. Purpose.
II. Work site fire hazards and how to properly control them.
III. Alarm systems and how to report fires.
IV. How to evacuate in different emergency situations.
V. Employee awareness.
I. Purpose
The purpose of this fire safety plan is to inform our employees of
how we will control and reduce the possibility of fire in the
[[Page 120]]
workplace and to specify what equipment employees may use in case of
fire.
II. Work Site Fire Hazards and How To Properly Control Them
A. Measures to contain fires.
B. Teaching selected employees how to use fire protection equipment.
C. What to do if you discover a fire.
D. Potential ignition sources for fires and how to control them.
E. Types of fire protection equipment and systems that can control a
fire.
F. The level of firefighting capability present in the facility,
vessel, or vessel section.
G. Description of the personnel responsible for maintaining
equipment, alarms, and systems that are installed to prevent or control
fire ignition sources, and to control fuel source hazards.
III. Alarm Systems and How To Report Fires
A. A demonstration of alarm procedures, if more than one type
exists.
B. The work site emergency alarm system.
C. Procedures for reporting fires.
IV. How To Evacuate in Different Emergency Situations
A. Emergency escape procedures and route assignments.
B. Procedures to account for all employees after completing an
emergency evacuation.
C. What type of evacuation is needed and what the employee's role is
in carrying out the plan.
D. Helping physically impaired employees.
V. Employee Awareness
Names, job titles, or departments of individuals who can be
contacted for further information about this plan.
Subparts Q-Y [Reserved]
Subpart Z_Toxic and Hazardous Substances
Source: 58 FR 35514, July 1, 1993, unless otherwise noted.
Sec. 1915.1000 Air contaminants.
Wherever this section applies, an employees's exposure to any
substance listed in Table Z--Shipyards of this section shall be limited
in accordance with the requirements of the following paragraphs of this
section.
(a)(1) Substances with limits preceded by ``C''--Ceiling values. An
employee's exposure to any substance in Table Z--Shipyards, the exposure
limit of which is preceded by a ``C,'' shall at no time exceed the
exposure limit given for that substance. If instantaneous monitoring is
not feasible, then the ceiling shall be assessed as a 15-minute time
weighted average exposure which shall not be exceeded at any time over a
working day.
(2) Other Substances--8-hour Time Weighted Averages. An employee's
exposure to any substance in Table Z--Shipyards, the exposure limit of
which is not preceded by a ``C,'' shall not exceed the 8-hour Time
Weighted Average given for that substance in any 8-hour work shift of a
40-hour work week.
(b)-(c) [Reserved]
(d) Computation formula. The computation formula which shall apply
to employee exposure to more than one substance for which 8-hour time
weighted averages are listed in subpart Z of 29 CFR part 1915 in order
to determine whether an employee is exposed over the regulatory limit is
as follows:
(1)(i) The cumulative exposure for an 8-hour work shift shall be
computed as follows:
E = (Ca Ta+Cb
Tb+...Cn Tn)/8
Where:
E is the equivalent exposure for the working shift.
C is the concentration during any period of time T where the
concentration remains constant.
T is the duration in hours of the exposure at the concentration C.
The value of E shall not exceed the 8-hour time weighted average
specified in subpart Z of 29 CFR part 1915 for the material involved.
(ii) To illustrate the formula prescribed in paragraph (d)(1)(i) of
this section, assume that Substance A has an 8-hour time weighted
average limit of 100 ppm noted in Table Z--Shipyards. Assume that an
employee is subject to the following exposure:
Two hours exposure at 150 ppm
Two hours exposure at 75 ppm
Four hours exposure at 50 ppm
Substituting this information in the formula, we have
(2 x 150 + 2 x 75 + 4 x 50) / 8 = 81.25 ppm
Since 81.25 ppm is less than 100 ppm, the 8-hour time weighted
average limit, the exposure is acceptable.
[[Page 121]]
(2)(i) in case of a mixture of air contaminants an employer shall
compute the equivalent exposure as follows:
Em = (C1/L1+C2/
L2)+...(Cn/Ln)
Where:
Em is the equivalent exposure for the mixture.
C is the concentration of a particular contaminant.
L is the exposure limit for that substance specified in subpart Z of 29
CFR part 1915.
The value of Em shall not exceed unity (1).
(ii) To illustrate the formula prescribed in paragraph (d)(2)(i) of
this section, consider the following exposures:
------------------------------------------------------------------------
Actual
concentration 8 hr. TWA PEL
Substance of 8 hour (ppm)
exposure (ppm)
------------------------------------------------------------------------
B....................................... 500 1000
C....................................... 45 200
D....................................... 40 200
------------------------------------------------------------------------
Substituting in the formula, we have:
Em=500/1,000+45/200+40/200
Em=0.500+0.225+0.200
Em=0.925
Since Em is less than unity (1), the exposure combination is within
acceptable limits.
Table Z--Shipyards
----------------------------------------------------------------------------------------------------------------
ppm mg/m \3 Skin
Substance CAS No. \d\ \a*\ b*\ Designation
----------------------------------------------------------------------------------------------------------------
Abate; see Temephos.........................................
Acetaldehyde................................................ 75-07-0 200 360 --
Acetic acid................................................. 64-19-7 10 25 --
Acetic anhydride............................................ 108-24-7 5 20 --
Acetone..................................................... 67-64-1 1000 2400 --
Acetonitrile................................................ 75-05-8 40 70 --
2-Acetylaminofluorine; see Sec. 1915.1014................. 53-96-3
Acetylene................................................... 74-86-2 E
Acetylene dichloride; see 1,2-Dichloroethylene..............
Acetylene tetrabromide...................................... 79-27-6 1 14 --
Acrolein.................................................... 107-02-8 0.1 0.25 --
Acrylamide.................................................. 79-06-1 -- 0.3 X
Acrylonitrile; see Sec. 1915.1045......................... 107-13-1
Aldrin...................................................... 309-00-2 -- 0.25 X
Allyl alcohol............................................... 107-18-6 2 5 X
Allyl chloride.............................................. 107-05-1 1 3 --
Allyl glycidyl ether (AGE).................................. 106-92-3 (C)10 (C)45 --
Allyl propyl disulfide...................................... 2179-59-1 2 12 --
alpha-Alumina............................................... 1344-28-1
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Aluminum, (as Al) Metal..................................... 7429-90-5
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Alundum; see alpha-Alumina..................................
4-Aminodiphenyl; see Sec. 1915.1011....................... 92-67-1
2-Aminoethanol; see Ethanolamine............................
2-Aminopyridine............................................. 504-29-0 0.5 2 --
Ammonia..................................................... 7664-41-7 50 35 --
Ammonium sulfamate.......................................... 7773-06-0
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
n-Amyl acetate.............................................. 628-63-7 100 525 --
sec-Amyl acetate............................................ 626-38-0 125 650 --
Aniline and homologs........................................ 62-53-3 5 19 X
Anisidine (o-, p-isomers)................................... 29191-52-4 -- 0.5 X
Antimony and compounds (as Sb).............................. 7440-36-0 -- 0.5 --
ANTU (alpha Naphthylthiourea)............................... 86-88-4 -- 0.3 --
Argon....................................................... 7440-37-1 E
Arsenic, inorganic compounds (as As); see Sec. 1915.1018.. 7440-38-2 -- -- --
Arsenic, organic compounds (as As).......................... 7440-38-2 -- 0.5 --
Arsine...................................................... 7784-42-1 0.05 0.2 --
[[Page 122]]
Asbestos; see 1915.1001.....................................
Azinphos-methyl............................................. 86-50-0 -- 0.2 X
Barium, soluble compounds (as Ba)........................... 7440-39-3 -- 0.5 --
Barium sulfate.............................................. 7727-43-7
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Benomyl..................................................... 17804-35-2
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Benzene \g\; see Sec. 1915.1028........................... 71-43-2
Benzidine; see Sec. 1915.1010............................. 92-87-5
p-Benzoquinone; see Quinone.................................
Benzo(a)pyrene; see Coal tar pitch volatiles................
Benzoyl peroxide............................................ 94-36-0 -- 5 --
Benzyl chloride............................................. 100-44-7 1 5 --
Beryllium and beryllium compounds (as Be)................... 7440-41-7 -- 0.002 --
Biphenyl; see Diphenyl......................................
Bismuth telluride, Undoped.................................. 1304-82-1
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Bisphenol A; see Diglycidyl ether...........................
Boron oxide................................................. 1303-86-2
Total dust.............................................. ............... -- 15 --
Boron tribromide............................................ 10294-33-4 1 10 --
Boron trifluoride........................................... 7637-07-2 (C)1 (C)3 --
Bromine..................................................... 7726-95-6 0.1 0.7 --
Bromine pentafluoride....................................... 7789-30-2 0.1 0.7 --
Bromoform................................................... 75-25-2 0.5 5 X
Butadiene (1,3-Butadiene); see 29 CFR 1910.1051; 29 CFR 106-99-0 1 -- --
1910.19(l)................................................. ppm/5
ppm
STEL
Butanethiol; see Butyl mercaptan............................
2-Butanone (Methyl ethyl ketone)............................ 78-93-3 200 590 --
2-Butoxyethanol............................................. 111-76-2 50 240 X
n-Butyl-acetate............................................. 123-86-4 150 710 --
sec-Butyl acetate........................................... 105-46-4 200 950 --
tert-Butyl acetate.......................................... 540-88-5 200 950 --
n-Butyl alcohol............................................. 71-36-3 100 300 --
sec-Butyl alcohol........................................... 78-92-2 150 450 --
tert-Butyl alcohol.......................................... 75-65-0 100 300 --
Butylamine.................................................. 109-73-9 (C)5 (C)15 X
tert-Butyl chromate (as CrO3); see 1915.1026 \n\............ 1189-85-1
n-Butyl glycidyl ether (BGE)................................ 2426-08-6 50 270 --
Butyl mercaptan............................................. 109-79-5 0.5 1.5 --
p-tert-Butyltoluene......................................... 98-51-1 10 60 --
Cadmium dust fume (as Cd); see 1915.1027.................... 7440-43-9 -- -- --
Calcium carbonate........................................... 1317-65-3
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Calcium hydroxide........................................... 1305-62-0 -- -- --
Calcium hydroxide...........................................
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Calcium oxide............................................... 1305-78-8 -- 5 --
Calcium silicate............................................ 1344-95-2
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Calcium sulfate............................................. 7778-18-9
[[Page 123]]
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Camphor, synthetic.......................................... 76-22-2 -- 2 --
Carbaryl (Sevin)............................................ 63-25-2 -- 5 --
Carbon black................................................ 1333-86-4 -- 3.5 --
Carbon dioxide.............................................. 124-38-9 5000 9000 --
Carbon disulfide............................................ 75-15-0 20 60 X
Carbon monoxide............................................. 630-08-0 50 55 --
Carbon tetrachloride........................................ 56-23-5 10 65 X
Cellulose................................................... 9004-34-6
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Chlordane................................................... 57-74-9 -- 0.5 X
Chlorinated camphene........................................ 8001-35-2 -- 0.5 X
Chlorinated diphenyl oxide.................................. 55720-99-5 -- 0.5 --
Chlorine.................................................... 7782-50-5 1 3 --
Chlorine trifluoride........................................ 7790-91-2 (C)0.1 (C)0.4 --
Chloroacetaldehyde.......................................... 107-20-0 (C)1 (C)3 --
a-Chloroacetophenone (Phenacyl chloride).................... 532-27-4 0.05 0.3 --
Chlorobenzene............................................... 108-90-7 75 350 --
o-Chlorobenzylidene malononitrile........................... 2698-41-1 0.05 0.4 --
Chlorobromomethane.......................................... 74-97-5 200 1050 --
2-Chloro-1,3-butadiene; see beta-Chloroprene................
Chlorodiphenyl (42% Chlorine) (PCB)......................... 53469-21-9 -- 1 X
Chlorodiphenyl (54% Chlorine) (PCB)......................... 11097-69-1 -- 0.5 X
1-Chloro,2,3-epoxypropane; see Epichlorohydrin..............
2-Chloroethanol; see Ethylene chlorohydrin..................
Chloroethylene; see Vinyl chloride..........................
Chloroform (Trichloromethane)............................... 67-66-3 50 240 --
bis(Chloromethyl) ether; see Sec. 1915.1008............... 542-88-1
Chloromethyl methyl ether; see Sec. 1915.1006............. 107-30-2
1-Chloro-1-nitropropane..................................... 600-25-9 20 100 --
Chloropicrin................................................ 76-06-2 0.1 0.7
beta-Chloroprene............................................ 126-99-8 25 90 X
2-Chloro-6-(trichloromethyl) pyridine....................... 1929-82-4
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Chromium (II) compounds.....................................
(as Cr)................................................. 7440-47-3 -- 0.5 --
Chromium (III) compounds....................................
(as Cr)................................................. 7440-47-3 -- 0.5 --
Chromium (VI) compounds; see 1915.1026 \o\..................
Chromium metal and insol. salts (as Cr)..................... 7440-47-3 -- 1 --
Chrysene; see Coal tar pitch volatiles......................
Clopidol.................................................... 2971-90-6
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Coal tar pitch volatiles (benzene soluble fraction), 65966-93-2 -- 0.2 --
anthracene, BaP, phenanthrene, acridine, chrysene, pyrene..
Cobalt metal, dust, and fume (as Co)........................ 7440-48-4 -- 0.1 --
Copper...................................................... 7440-50-8
Fume (as Cu)............................................ ............... -- 0.1 --
Dusts and mists (as Cu)................................. ............... -- 1 --
Corundum; see Emery.........................................
Cotton dust (raw)........................................... ............... -- 1
Crag herbicide (Sesone)..................................... 136-78-7
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
[[Page 124]]
Cresol, all isomers......................................... 1319-77-3 5 22 X
Crotonaldehyde.............................................. 123-73-9; 2 6
4170-30-3
Cumene...................................................... 98-82-8 50 245 X
Cyanides (as CN)............................................ Varies with -- 5 --
Compound
Cyanogen.................................................... 460-19-5 10 -- --
Cyclohexane................................................. 110-82-7 300 1050 --
Cyclohexanol................................................ 108-93-0 50 200 --
Cyclohexanone............................................... 108-94-1 50 200 --
Cyclohexene................................................. 110-83-8 300 1015 --
Cyclonite................................................... 121-82-4 -- 1.5 X
Cyclopentadiene............................................. 542-92-7 75 200 --
2,4-D (Dichlorophenoxyacetic acid).......................... 94-75-7 -- 10 --
Decaborane.................................................. 17702-41-9 0.05 0.3 X
Demeton (Systox)............................................ 8065-48-3 -- 0.1 X
Diacetone alcohol (4-Hydroxy-4-methyl-2-pentanone).......... 123-42-2 50 240 --
1,2-Diaminoethane; see Ethylenediamine......................
Diazomethane................................................ 334-88-3 0.2 0.4 --
Diborane.................................................... 19287-45-7 0.1 0.1 --
1,2-Dibromo-3-chloropropane (CBCP); see Sec. 1915.1044.... 96-12-8 ....... --
1,2-Dibromoethane; see Ethylene dibromide...................
Dibutyl phosphate........................................... 107-66-4 1 5 --
Dibutyl phthalate........................................... 84-74-2 -- 5 --
Dichloroacetylene........................................... 7572-29-4 (C)0.1 (C)0.4 --
o-Dichlorobenzene........................................... 95-50-1 (C)50 (C)300 --
p-Dichlorobenzene........................................... 106-46-7 75 450 --
3,3'-Dichlorobenzidine; see Sec. 1915.1007................ 91-94-1
Dichlorodifluoromethane..................................... 75-71-8 1000 4950 --
1,3-Dichloro-5,5-dimethyl hydantoin......................... 118-52-5 -- 0.2 --
Dichlorodiphenyltrichloroethane (DDT)....................... 50-29-3 -- 1 X
1,1-Dichloroethane.......................................... 75-34-3 100 400 --
1,2-Dichloroethane; see Ethylene dichloride.................
1,2-Dichloroethylene........................................ 540-59-0 200 790 --
Dichloroethyl ether......................................... 111-44-4 (C)15 (C)90 X
Dichloromethane; see Methylene chloride.....................
Dichloromonofluoromethane................................... 75-43-4 1000 4200 --
1,1-Dichloro-1-nitroethane.................................. 594-72-9 (C)10 (C)60 --
1,2-Dichloropropane; see Propylene dichloride...............
Dichlorotetrafluoroethane................................... 76-14-2 1000 7000 --
Dichlorvos (DDVP)........................................... 62-73-7 -- 1 X
Dicyclopentadienyl iron..................................... 102-54-5
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Dieldrin.................................................... 60-57-1 -- 0.25 X
Diethylamine................................................ 109-89-7 25 75 --
2-Diethylaminoethanol....................................... 100-37-8 10 50 --
Diethylene triamine......................................... 111-40-0 (C)10 (C)42 X
Diethyl ether; see Ethyl ether..............................
Difluorodibromomethane...................................... 75-61-6 100 860 --
Diglycidyl ether (DGE)...................................... 2238-07-5 (C)0.5 (C)2.8 --
Dihydroxybenzene; see Hydroquinone..........................
Diisobutyl ketone........................................... 108-83-8 50 290 --
Diisopropylamine............................................ 108-18-9 5 20 X
4-Dimethylaminoazobenzene; see Sec. 1915.1015............. 60-11-7
Dimethoxymethane; see Methylal..............................
Dimethyl acetamide.......................................... 127-19-5 10 35 X
Dimethylamine............................................... 124-40-3 10 18 --
[[Page 125]]
Dimethylaminobenzene; see Xylidine..........................
Dimethylaniline (N,N-Dimethylaniline)....................... 121-69-7 5 25 X
Dimethylbenzene; see Xylene.................................
Dimethyl-1,2-dibromo- 2,2-dichloroethyl phosphate........... 300-76-5 -- 3 --
Dimethylformamide........................................... 68-12-2 10 30 X
2,6-Dimethyl-4-heptanone; see Diisobutyl ketone.............
1,1-Dimethylhydrazine....................................... 57-14-7 0.5 1 X
Dimethylphthalate........................................... 131-11-3 -- 5 --
Dimethyl sulfate............................................ 77-78-3 1 5 X
Dinitrobenzene (all isomers)................................ ............... ....... 1 X
(ortho)................................................. 528-29-0
(meta).................................................. 99-65-0
(para).................................................. 100-25-4
Dinitro-o-cresol............................................ 534-52-1 -- 0.2 X
Dinitrotoluene.............................................. 25321-14-6 -- 1.5 X
Dioxane (Diethylene dioxide)................................ 123-91-1 100 360 X
Diphenyl (Biphenyl)......................................... 92-52-4 0.2 1 --
Diphenylamine............................................... 122-39-4 -- 10 --
Diphenylmethane diisocyanate; see Methylene bisphenyl
isocyanate.................................................
Dipropylene glycol methyl ether............................. 34590-94-8 100 600 X
Di-sec octyl phthalate (Di-(2-ethylhexyl) phthalate)........ 117-81-7 -- 5 --
Emery....................................................... 12415-34-8
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Endosulfan.................................................. 115-29-7 -- 0.1 X
Endrin...................................................... 72-20-8 -- 0.1 X
Epichlorohydrin............................................. 106-89-8 5 19 X
EPN......................................................... 2104-64-5 -- 0.5 X
1,2-Epoxypropane; see Propylene oxide.......................
2,3-Epoxy-1-propanol; see Glycidol..........................
Ethane...................................................... 74-84-0 E
Ethanethiol; see Ethyl mercaptan............................
Ethanolamine................................................ 141-43-5 3 6 --
2-Ethoxyethanol (Cellosolve)................................ 110-80-5 200 740 X
2-Ethoxyethyl acetate (Cellosolve acetate).................. 111-15-9 100 540 X
Ethyl acetate............................................... 141-78-6 400 1400 --
Ethyl acrylate.............................................. 140-88-5 25 100 X
Ethyl alcohol (Ethanol)..................................... 64-17-5 1000 1900 --
Ethylamine.................................................. 75-04-7 10 18 --
Ethyl amyl ketone (5-Methyl-3-heptanone).................... 541-85-5 25 130 --
Ethyl benzene............................................... 100-41-4 100 435 --
Ethyl bromide............................................... 74-96-4 200 890 --
Ethyl butyl ketone (3-Heptanone)............................ 106-35-4 50 230 --
Ethyl chloride.............................................. 75-00-3 1000 2600 --
Ethyl ether................................................. 60-29-7 400 1200 --
Ethyl formate............................................... 109-94-4 100 300 --
Ethyl mercaptan............................................. 75-08-1 0.5 1 --
Ethyl silicate.............................................. 78-10-4 100 850 --
Ethylene.................................................... 74-85-1 E
Ethylene chlorohydrin....................................... 107-07-3 5 16 X
Ethylenediamine............................................. 107-15-3 10 25 --
Ethylene dibromide.......................................... 106-93-4 (C)25 (C)190 X
Ethylene dichloride (1,2-Dichloroethane).................... 107-06-2 50 200 --
Ethylene glycol dinitrate................................... 628-96-6 (C)0.2 (C)1 X
Ethylene glycol methyl acetate; see Methyl cellosolve
acetate....................................................
Ethyleneimine; see Sec. 1915.1012......................... 151-56-4
Ethylene oxide; see Sec. 1915.1047........................ 75-21-8
[[Page 126]]
Ethylidene chloride; see 1,1-Dichloroethane.................
N-Ethylmorpholine........................................... 100-74-3 20 94 X
Ferbam...................................................... 14484-64-1
Total dust.............................................. ............... -- 15 --
Ferrovanadium dust.......................................... 12604-58-9 -- 1 --
Fibrous Glass...............................................
Total dust.............................................. ............... ....... 15 --
Respirable fraction..................................... ............... -- 5 --
Fluorides (as F)............................................ Varies with -- 2.5 --
compound
Fluorine.................................................... 7782-41-4 0.1 0.2 --
Fluorotrichloromethane (Trichlorofluoromethane)............. 75-69-4 1000 5600 --
Formaldehyde; see Sec. 1915.1048.......................... 50-00-0
Formic acid................................................. 64-18-6 5 9 --
Furfural.................................................... 98-01-1 5 20 X
Furfuryl alcohol............................................ 98-00-0 50 200 --
Gasoline.................................................... 8006-61-9 ....... A \3\ --
Glycerin (mist)............................................. 56-81-5
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Glycidol.................................................... 556-52-5 50 150 --
Glycol monoethyl ether; see 2-Ethoxyethanol.................
Graphite, natural, respirable dust.......................... 7782-42-5 (\2\) (\2\) (\2\)
Graphite, synthetic.........................................
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Guthion; see Azinphos methyl................................
Gypsum...................................................... 13397-24-5
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Hafnium..................................................... 7440-58-6 -- 0.5 --
Helium...................................................... 7440-59-7 E
Heptachlor.................................................. 76-44-8 -- 0.5 X
Heptane (n-Heptane)......................................... 142-82-5 500 2000 --
Hexachloroethane............................................ 67-72-1 1 10 X
Hexachloronaphthalene....................................... 1335-87-1 -- 0.2 X
n-Hexane.................................................... 110-54-3 500 1800 --
2-Hexanone (Methyl n-butyl ketone).......................... 591-78-6 100 410 --
Hexone (Methyl isobutyl ketone)............................. 108-10-1 100 410 --
sec-Hexyl acetate........................................... 108-84-9 50 300 --
Hydrazine................................................... 302-01-2 1 1.3 X
Hydrogen.................................................... 1333-74-0 E
Hydrogen bromide............................................ 10035-10-6 3 10 --
Hydrogen chloride........................................... 7647-01-0 (C)5 (C)7 --
Hydrogen cyanide............................................ 74-90-8 10 11 X
Hydrogen fluoride (as F).................................... 7664-39-3 3 2 --
Hydrogen peroxide........................................... 7722-84-1 1 1.4 --
Hydrogen selenide (as Se)................................... 7783-07-5 0.05
Hydrogen sulfide............................................ 7783-06-4 10 15 --
Hydroquinone................................................ 123-31-9 -- 2 --
Indene...................................................... 95-13-6 10 45 --
Indium and compounds (as In)................................ 7440-74-6 -- 0.1 --
Iodine...................................................... 7553-56-2 (C)0.1 (C)1 --
Iron oxide fume............................................. 1309-37-1 -- 10 --
Iron salts (soluble) (as Fe)................................ Varies with -- 1 --
compound
Isoamyl acetate............................................. 123-92-2 100 525 --
Isoamyl alcohol (primary and secondary)..................... 123-51-3 100 360 --
Isobutyl acetate............................................ 110-19-0 150 700 --
Isobutyl alcohol............................................ 78-83-1 100 300 --
[[Page 127]]
Isophorone.................................................. 78-59-1 25 140 --
Isopropyl acetate........................................... 108-21-4 250 950 --
Isopropyl alcohol........................................... 67-63-0 400 980 --
Isopropylamine.............................................. 75-31-0 5 12 --
Isopropyl ether............................................. 108-20-3 500 2100 --
Isopropyl glycidyl ether (IGE).............................. 4016-14-2 50 240 --
Kaolin...................................................... 1332-58-7
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Ketene...................................................... 463-51-4 0.5 0.9 --
Lead, inorganic (as Pb); see Sec. 1915.1025............... 7439-92-1 -- -- --
Limestone................................................... 1317-65-3
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Lindane..................................................... 58-89-9 -- 0.5 X
Lithium hydride............................................. 7580-67-8 -- 0.025 --
L.P.G. (Liquefied petroleum gas)............................ 68476-85-7 1000 1800
Magnesite................................................... 546-93-0
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Magnesium oxide fume........................................ 1309-48-4
Total particulate....................................... ............... 15 -- --
Malathion................................................... 121-75-5
Total dust.............................................. ............... -- 15 X
Maleic anhydride............................................ 108-31-6 0.25
Manganese compounds (as Mn)................................. 7439-96-5 -- (C)5 --
Manganese fume (as Mn)...................................... 7439-96-5 -- (C)5 --
Marble...................................................... 1317-65-3
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Mercury (aryl and inorganic)(as Hg)......................... 7439-97-6 ....... 0.1 X
Mercury (organo) alkyl compounds (as Hg).................... 7439-97-6 -- 0.01 X
Mercury (vapor) (as Hg)..................................... 7439-97-6 -- 0.1 X
Mesityl oxide............................................... 141-79-7 25 100 --
Methane..................................................... 74-82-8 E
Methanethiol; see Methyl mercaptan..........................
Methoxychlor................................................ 72-43-5
Total dust.............................................. ............... -- 15 --
2-Methoxyethanol (Methyl cellosolve)........................ 109-86-4 25 80 X
2-Methoxyethyl acetate (Methyl cellosolve acetate).......... 110-49-6 25 120 X
Methyl acetate.............................................. 79-20-9 200 610 --
Methyl acetylene (Propyne).................................. 74-99-7 1000 1650 --
Methyl acetylene-propadiene mixture (MAPP).................. ............... 1000 1800 --
Methyl acrylate............................................. 96-33-3 10 35 X
Methylal (Dimethoxy-methane)................................ 109-87-5 1000 3100 --
Methyl alcohol.............................................. 67-56-1 200 260 --
Methylamine................................................. 74-89-5 10 12 --
Methyl amyl alcohol; see Methyl isobutyl carbinol...........
Methyl n-amyl ketone........................................ 110-43-0 100 465 --
Methyl bromide.............................................. 74-83-9 (C)20 (C)80 X
Methyl butyl ketone; see 2-Hexanone.........................
Methyl cellosolve; see 2-Methoxyethanol.....................
Methyl cellosolve acetate; see 2-Methoxyethyl acetate.......
Methyl chloride............................................. 74-87-3 100 210 --
Methyl chloroform (1,1,1-Trichloroethane)................... 71-55-6 350 1900 --
Methylcyclohexane........................................... 108-87-2 500 2000 --
Methylcyclohexanol.......................................... 25639-42-3 100 470 --
o-Methylcyclohexanone....................................... 583-60-8 100 460 X
[[Page 128]]
Methylene chloride; see Sec. 1910.1052....................
Methyl ethyl ketone (MEK); see 2-Butanone...................
Methyl formate.............................................. 107-31-3 100 250 --
Methyl hydrazine (Monomethyl hydrazine)..................... 60-34-4 (C)0.2 (C)0.35 X
Methyl iodide............................................... 74-88-4 5 28 X
Methyl isoamyl ketone....................................... 110-12-3 100 475 --
Methyl isobutyl carbinol.................................... 108-11-2 25 100 X
Methyl isobutyl ketone; see Hexone..........................
Methyl isocyanate........................................... 624-83-9 0.02 0.05 X
Methyl mercaptan............................................ 74-93-1 0.5 1 --
Methyl methacrylate......................................... 80-62-6 100 410 100
Methyl propyl ketone; see 2-Pentanone.......................
Methyl silicate............................................. 681-84-5 5 30 --
alpha-Methyl styrene........................................ 98-83-9 (C)100 (C)480 --
Methylene bisphenyl isocyanate (MDI)........................ 101-68-8 (C)0.02 (C)0.2 --
Mica; see Silicates.........................................
Mineral wool................................................
Total dust.............................................. ............... -- 15 --
Respirable dust......................................... ............... -- 5 --
Molybdenum (as Mo).......................................... 7439-98-7
Soluble compounds....................................... ............... -- 5 --
Insoluble compounds.....................................
Total dust............................................. ............... -- 15 --
Monomethyl aniline.......................................... 100-61-8 2 9 X
Monomethyl hydrazine; see Methyl hydrazine..................
Morpholine.................................................. 110-91-8 20 70 X
Naphtha (Coal tar).......................................... 8030-30-6 100 400 --
Naphthalene................................................. 91-20-3 10 50 --
alpha-Naphthylamine; see Sec. 1915.1004................... 134-32-7
beta-Naphthylamine; see Sec. 1915.1009.................... 91-59-8 ....... ....... --
Neon........................................................ 7440-01-9 .......
Nickel carbonyl (as Ni)..................................... 13463-39-3 0.001 0.007 --
Nickel, metal and insoluble compounds (as Ni)............... 7440-02-0 -- 1 --
Nickel, soluble compounds (as Ni)........................... 7440-02-0 -- 1 --
Nicotine.................................................... 54-11-5 -- 0.5 X
Nitric acid................................................. 7697-37-2 2 5 --
Nitric oxide................................................ 10102-43-9 25 30 --
p-Nitroaniline.............................................. 100-01-6 1 6 X
Nitrobenzene................................................ 98-95-3 1 5 X
p-Nitrochlorobenzene........................................ 100-00-5 -- 1 X
4-Nitrodiphenyl; see Sec. 1915.1003....................... 92-93-3
Nitroethane................................................. 79-24-3 100 310 --
Nitrogen.................................................... 7727-37-9 E
Nitrogen dioxide............................................ 10102-44-0 (C)5 (C)9 --
Nitrogen trifluoride........................................ 7783-54-2 10 29 --
Nitroglycerin............................................... 55-63-0 (C)0.2 (C)2 X
Nitromethane................................................ 75-52-5 100 250 --
1-Nitropropane.............................................. 108-03-2 25 90 --
2-Nitropropane.............................................. 79-46-9 25 90 --
N-Nitrosodimethylamine; see Sec. 1915.1016................ 62-79-9 ....... ....... --
Nitrotoluene (all isomers).................................. ............... 5 30 X
o-isomer................................................ 88-72-2;
m-isomer................................................ 99-08-1;
p-isomer................................................ 99-99-0
Nitrotrichloromethane; see Chloropicrin.....................
Nitrous oxide............................................... 10024-97-2 E
Octachloronaphthalene....................................... 2234-13-1 -- 0.1 X
Octane...................................................... 111-65-9 400 1900 --
Oil mist, mineral........................................... 8012-95-1 -- 5 --
Osmium tetroxide (as Os).................................... 20816-12-0 -- 0.002 --
[[Page 129]]
Oxalic acid................................................. 144-62-7 -- 1 --
Oxygen difluoride........................................... 7783-41-7 0.05 0.1 --
Ozone....................................................... 10028-15-6 0.1 0.2 --
Paraquat, respirable dust................................... 4685-14-7; -- 0.5 X
1910-42-5;
2074-50-2
Parathion................................................... 56-38-2 -- 0.1 --
Particulates not otherwise regulated........................
Total dust organic and inorganic........................ ............... -- 15 --
PCB; see Chlorodiphenyl (42% and 54% chlorine)..............
Pentaborane................................................. 19624-22-7 0.005 0.01 --
Pentachloronaphthalene...................................... 1321-64-8 -- 0.5 X
Pentachlorophenol........................................... 87-86-5 -- 0.5 X
Pentaerythritol............................................. 115-77-5
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Pentane..................................................... 109-66-0 500 1500 --
2-Pentanone (Methyl propyl ketone).......................... 107-87-9 200 700 --
Perchloroethylene (Tetrachloroethylene)..................... 127-18-4 100 670 --
Perchloromethyl mercaptan................................... 594-42-3 0.1 0.8 --
Perchloryl fluoride......................................... 7616-94-6 3 13.5 --
Perlite..................................................... 93763-70-3
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Petroleum distillates (Naphtha)(Rubber Solvent)............. ............... ....... A \3\ --
Phenol...................................................... 108-95-2 5 19 X
p-Phenylene diamine......................................... 106-50-3 -- 0.1 X
Phenyl ether, vapor......................................... 101-84-8 1 7 --
Phenyl ether-biphenyl mixture, vapor........................ ............... 1 7 --
Phenylethylene; see Styrene.................................
Phenyl glycidyl ether (PGE)................................. 122-60-1 10 60 --
Phenylhydrazine............................................. 100-63-0 5 22 X
Phosdrin (Mevinphos)........................................ 7786-34-7 -- 0.1 X
Phosgene (Carbonyl chloride)................................ 75-44-5 0.1 0.4 --
Phosphine................................................... 7803-51-2 0.3 0.4 --
Phosphoric acid............................................. 7664-38-2 -- 1 --
Phosphorus (yellow)......................................... 7723-14-0 -- 0.1 --
Phosphorus pentachloride.................................... 10026-13-8 -- 1 --
Phosphorus pentasulfide..................................... 1314-80-3 -- 1 --
Phosphorus trichloride...................................... 7719-12-2 0.5 3 --
Phthalic anhydride.......................................... 85-44-9 2 12 --
Picloram.................................................... 1918-02-1
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Picric acid................................................. 88-89-1 -- 0.1 --
Piperazine dihydrochloride.................................. 142-64-3 -- -- X
Pindone (2-Pivalyl-1,3-indandione).......................... 83-26-1 -- 0.1 --
Plaster of Paris............................................ 26499-65-0
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Platinum (as Pt)............................................ 7440-06-4
Metal................................................... ............... -- -- --
Soluble salts........................................... ............... -- 0.002 --
Polytetrafluoroethylene decomposition products.............. ............... ....... A \2\
Portland cement............................................. 65997-15-1
Total dust.............................................. ............... 15 -- 10
Respirable fraction..................................... ............... 5 -- --
Propargyl alcohol........................................... 107-19-7 1 -- X
beta-Propriolactone; see Sec. 1915.1013................... 57-57-8
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Propionic acid.............................................. 79-09-4 -- -- --
n-Propyl acetate............................................ 109-60-4 200 840 --
n-Propyl alcohol............................................ 71-23-8 200 500 --
n-Propyl nitrate............................................ 627-13-4 25 110 --
Propylene dichloride........................................ 78-87-5 75 350 --
Propylene imine............................................. 75-55-8 2 5 X
Propylene oxide............................................. 75-56-9 100 240 --
Propyne; see Methyl acetylene...............................
Pyrethrum................................................... 8003-34-7 -- 5 --
Pyridine.................................................... 110-86-1 5 15 --
Quinone..................................................... 106-51-4 0.1 0.4 --
RDX; see Cyclonite..........................................
Rhodium (as Rh), metal fume and insoluble compounds......... 7440-16-6 -- 0.1 --
Rhodium (as Rh), soluble compounds.......................... 7440-16-6 -- 0.001 --
Ronnel...................................................... 299-84-3 -- 10 --
Rotenone.................................................... 83-79-4 -- 5 --
Rouge....................................................... ............... --
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Selenium compounds (as Se).................................. 7782-49-2 -- 0.2 --
Selenium hexafluoride (as Se)............................... 7783-79-1 0.05 0.4 --
Silica, amorphous, precipitated and gel..................... 112926-00-8 (\2\) (\2\) (\2\)
Silica, amorphous, diatomaceous earth, containing less than 61790-53-2 (\2\) (\2\) (\2\)
1% crystalline silica......................................
Silica, crystalline cristobalite, respirable dust........... 14464-46-1 (\2\) (\2\) (\2\)
Silica, crystalline quartz, respirable dust................. 14808-60-7 (\2\) (\2\) (\2\)
Silica, crystalline tripoli (as quartz), respirable dust.... 1317-95-9 (\2\) (\2\) (\2\)
Silica, crystalline tridymite, respirable dust.............. 15468-32-3 (\2\) (\2\) (\2\)
Silica, fused, respirable dust.............................. 60676-86-0 (\2\) (\2\) (\2\)
Silicates (less than 1% crystalline silica).................
Mica (respirable dust).................................. 12001-26-2 (\2\) (\2\) (\2\)
Soapstone, total dust................................... -- (\2\) (\2\) (\2\)
Soapstone, respirable dust.............................. -- (\2\) (\2\) (\2\)
Talc (containing asbestos).............................. -- (\3\) (\3\) (\3\)
Talc (containing no asbestos), respirable dust.......... 14807-96-6 (\2\) (\2\) (\2\)
Tremolite, asbestiform.................................. ............... (\3\) (\3\) (\3\)
Silicon..................................................... 7440-21-3
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Silicon carbide............................................. 409-21-2
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Silver, metal and soluble compounds (as Ag)................. 7440-22-4 -- 0.01 --
Soapstone; see Silicates....................................
Sodium fluoroacetate........................................ 62-74-8 -- 0.05 X
Sodium hydroxide............................................ 1310-73-2 -- 2 --
Starch...................................................... 9005-25-8
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Stibine..................................................... 7803-52-3 0.1 0.5 --
Stoddard solvent............................................ 8052-41-3 200 1150 --
Strychnine.................................................. 57-24-9 -- 0.15 --
Styrene..................................................... 100-42-5 100 420 50
Sucrose..................................................... 57-50-1
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Sulfur dioxide.............................................. 7446-09-5 5 13 --
Sulfur hexafluoride......................................... 2551-62-4 1000 6000 --
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Sulfuric acid............................................... 7664-93-9 -- 1 --
Sulfur monochloride......................................... 10025-67-9 1 6 --
Sulfur pentafluoride........................................ 5714-22-7 0.025 0.25 --
Sulfuryl fluoride........................................... 2699-79-8 5 20 --
Systox, see Demeton.........................................
2,4,5-T (2,4,5-trichlorophenoxyacetic acid)................. 93-76-5 -- 10 --
Talc; see Silicates--.......................................
Tantalum, metal and oxide dust.............................. 7440-25-7 -- 5 --
TEDP (Sulfotep)............................................. 3689-24-5 -- 0.2 X
Teflon decomposition products............................... ............... ....... A2
Tellurium and compounds (as Te)............................. 13494-80-9 -- 0.1 --
Tellurium hexafluoride (as Te).............................. 7783-80-4 0.02 0.2 --
Temephos.................................................... 3383-96-8
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
TEPP (Tetraethyl pyrophosphate)............................. 107-49-3 -- 0.05 X
Terphenyls.................................................. 26140-60-3 (C)1 (C)9 --
1,1,1,2-Tetrachloro-2,2-difluoroethane...................... 76-11-9 500 4170 --
1,1,2,2-Tetrachloro-1,2-difluoroethane...................... 76-12-0 500 4170 --
1,1,2,2-Tetrachloroethane................................... 79-34-5 5 35 X
Tetrachloroethylene; see Perchloroethylene..................
Tetrachloromethane; see Carbon tetrachloride................
Tetrachloronaphthalene...................................... 1335-88-2 -- 2 X
Tetraethyl lead (as Pb)..................................... 78-00-2 -- 0.1 X
Tetrahydrofuran............................................. 109-99-9 200 590 --
Tetramethyl lead, (as Pb)................................... 75-74-1 -- 0.15 X
Tetramethyl succinonitrile.................................. 3333-52-6 0.5 3 X
Tetranitromethane........................................... 509-14-8 1 8 --
Tetryl (2,4,6-Trinitrophenylmethylnitramine)................ 479-45-8 -- 1.5 X
Thallium, soluble compounds (as Tl)......................... 7440-28-0 -- 0.1 X
4,4'-Thiobis (6-tert, Butyl-m-cresol)....................... 96-69-5
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Thiram...................................................... 137-26-8 -- 5 --
Tin, inorganic compounds (except oxides) (as Sn)............ 7440-31-5 -- 2 --
Tin, organic compounds (as Sn).............................. 7440-31-5 -- 0.1 --
Tin oxide (as Sn)........................................... 21651-19-4 -- -- --
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Titanium dioxide............................................ 13463-67-7
Total dust.............................................. ............... -- 15 --
Toluene..................................................... 108-88-3 200 750 100
Toluene-2,4-diisocyanate (TDI).............................. 584-84-9 (C)0.02 (C)0.14 --
o-Toluidine................................................. 95-53-4 5 22 X
Toxaphene; see Chlorinated camphene.........................
Tremolite; see Silicates....................................
Tributyl phosphate.......................................... 126-73-8 -- 5 --
1,1,1-Trichloroethane; see Methyl chloroform................
1,1,2-Trichloroethane....................................... 79-00-5 10 45 X
Trichloroethylene........................................... 79-01-6 100 535 --
Trichloromethane; see Chloroform............................
Trichloronaphthalene........................................ 1321-65-9 -- 5 X
1,2,3-Trichloropropane...................................... 96-18-4 50 300 --
1,1,2-Trichloro-1,2,2-trifluoroethane....................... 76-13-1 1000 7600 --
Triethylamine............................................... 121-44-8 25 100 --
Trifluorobromomethane....................................... 75-63-8 1000 6100 --
Trimethyl benzene........................................... 25551-13-7 25 120 --
2,4,6-Trinitrophenyl; see Picric acid.......................
[[Page 132]]
2,4,6-Trinitrophenylmethylnitramine; see Tetryl.............
2,4,6-Trinitrotoluene (TNT)................................. 118-96-7 -- 1.5 X
Triorthocresyl phosphate.................................... 78-30-8 -- 0.1 --
Triphenyl phosphate......................................... 115-86-6 -- 3 --
Tungsten (as W)............................................. 7440-33-7
Insoluble compounds..................................... ............... -- 5 --
Soluble compounds....................................... ............... -- 1 --
Turpentine.................................................. 8006-64-2 100 560 --
Uranium (as U).............................................. 7440-61-1
Soluble compounds....................................... ............... -- 0.2 --
Insoluble compounds..................................... ............... -- 0.2 --
Vanadium.................................................... 1314-62-1
Respirable dust (as V2 O5).............................. ............... -- (C)0.5 --
Fume (as V2 O5)......................................... ............... -- (C)0.1 --
Vegetable oil mist..........................................
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Vinyl benzene; see Styrene..................................
Vinyl chloride; see Sec. 1915.1017........................ 75-01-4
Vinyl cyanide; see Acrylonitrile............................
Vinyl toluene............................................... 25013-15-4 100 480 --
Warfarin.................................................... 81-81-2 -- 0.1 --
Xylenes (o-, m-, p-isomers)................................. 1330-20-7 100 435 --
Xylidine.................................................... 1300-73-8 5 25 X
Yttrium..................................................... 7440-65-5 -- 1 --
Zinc chloride fume.......................................... 7646-85-7 -- 1 --
Zinc oxide fume............................................. 1314-13-2 -- 5 --
Zinc oxide.................................................. 1314-13-2
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Zinc stearate............................................... 557-05-1
Total dust.............................................. ............... -- 15 --
Respirable fraction..................................... ............... -- 5 --
Zirconium compounds (as Zr)................................. 7440-67-7 -- 5
----------------------------------------------------------------------------------------------------------------
Mineral Dusts
Substance mppcf (j)
------------------------------------------------------------------------
SILICA:
Crystalline
Quartz. Threshold Limit calculated from the 250 (k)
formula.......................................
------------------------
%SiO2+5
Cristobalite...................................
Amorphous, including natural diatomaceous 20
earth.......................................
SILICATES (less than 1% crystalline silica)
Mica......................................... 20
Portland cement.............................. 50
Soapstone.................................... 20
Talc (non-asbestiform)....................... 20
Talc (fibrous), use asbestos limit........... --
Graphite (natural)............................. 15
------------------------------------------------------------------------
Inert or Nuisance Particulates: (m) 50 (or 15 mg/m\3\
whichever is the
smaller) of total dust
<1% SiO2
------------------------------------------------------------------------
Conversion factors...........................
mppcf x 35.3 = million particles per cubic
meter = particles per c.c.
[[Page 133]]
------------------------------------------------------------------------
Footnotes to Table Z--Shipyards:
\1\ [Reserved]
\2\ See Mineral Dusts Table.
\3\ Use Asbestos Limit Sec. 1915.1001.
\4\ See 1915.1001.
* The PELs are 8-hour TWAs unless otherwise noted; a (C) designation
denotes a ceiling limit. They are to be determined from breathing-zone
air samples.
\a\ Parts of vapor or gas per million parts of contaminated air by
volume at 25 [deg]C and 760 torr.
\b\ Milligrams of substance per cubic meter of air. When entry is in
this column only, the value is exact; when listed with a ppm entry, it
is approximate.
\c\ [Reserved]
\d\ The CAS number is for information only. Enforcement is based on the
substance name. For an entry covering more than one metal compound,
measured as the metal, the CAS number for the metal is given--not CAS
numbers for the individual compounds.
\e-f\ [Reserved]
\g\ For sectors excluded from Sec. 1915.1028 the limit is 10 ppm TWA.
\h\ Where OSHA has published a proposal for a substance but has not
issued a final rule, the proposal is referenced and the existing limit
is published.
\i\ [Reserved]
\j\ Millions of particles per cubic foot of air, based on impinger
samples counted by light-field techniques.
\k\ The percentage of crystalline silica in the formula is the amount
determined from airborne samples, except in those instances in which
other methods have been shown to be applicable.
\m\ Covers all organic and inorganic particulates not otherwise
regulated. Same as Particulates Not Otherwise Regulated.
\n\ If the exposure limit in Sec. 1915.1026 is stayed or is otherwise
not in effect, the exposure limit is a ceiling of 0.1 mg/m\3\.
\o\ If the exposure limit in Sec. 1915.1026 is stayed or is otherwise
not in effect, the exposure limit is 0.1 mg/m\3\ (as CrO3) as an 8-
hour TWA.
The 1970 TLV uses letter designations instead of a numerical value as
follows:
A \1\ [Reserved]
A \2\ Polytetrafluoroethylene decomposition products. Because these
products decompose in part by hydrolysis in alkaline solution, they
can be quantitatively determined in air as fluoride to provide an
index of exposure. No TLV is recommended pending determination of the
toxicity of the products, but air concentrations should be minimal.
A \3\ Gasoline and/or Petroleum Distillates. The composition of these
materials varies greatly and thus a single TLV for all types of these
materials is no longer applicable. The content of benzene, other
aromatics and additives should be determined to arrive at the
appropriate TLV.
E Simple asphyxiants. The limiting factor is the available oxygen which
shall be at least 18% and be within the requirement addressing
explosion in subpart B of part 1915.
[58 FR 35514, July 1, 1993, as amended at 61 FR 56856, Nov. 4, 1996; 62
FR 1619, Jan. 10, 1997; 67 FR 44545, July 3, 2002; 71 FR 10377, Feb. 28,
2006; 71 FR 36009, June 23, 2006; 76 FR 80740, Dec. 27, 2011]
Sec. 1915.1001 Asbestos.
(a) Scope and application. This section regulates asbestos exposure
in all shipyard employment work as defined in 29 CFR part 1915,
including but not limited to the following:
(1) Demolition or salvage of structures, vessels, and vessel
sections where asbestos is present;
(2) Removal or encapsulation of materials containing asbestos;
(3) Construction, alteration, repair, maintenance, or renovation of
vessels, vessel sections, structures, substrates, or portions thereof,
that contain asbestos;
(4) Installation of products containing asbestos;
(5) Asbestos spill/emergency cleanup; and
(6) Transportation, disposal, storage, containment of and
housekeeping activities involving asbestos or products containing
asbestos, on the site or location at which construction activities are
performed.
(7) Coverage under this standard shall be based on the nature of the
work operation involving asbestos exposure.
(8) This section does not apply to asbestos-containing asphalt roof
cements, coatings and mastics.
(b) Definitions. Aggressive method means removal or disturbance of
building/vessel materials by sanding, abrading, grinding, or other
method that
[[Page 134]]
breaks, crumbles, or otherwise disintegrates intact ACM.
Amended water means water to which surfactant (wetting agent) has
been added to increase the ability of the liquid to penetrate ACM.
Asbestos includes chrysotile, amosite, crocidolite, tremolite
asbestos, anthophyllite asbestos, actinolite asbestos, and any of these
minerals that has been chemically treated and/or altered. For purposes
of this standard, asbestos includes PACM, as defined below.
Asbestos-containing material, (ACM) means any material containing
more than one percent asbestos.
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or designee.
Authorized person means any person authorized by the employer and
required by work duties to be present in regulated areas.
Building/facility/vessel owner is the legal entity, including a
lessee, which exercises control over management and record keeping
functions relating to a building, facility, and/or vessel in which
activities covered by this standard take place.
Certified Industrial Hygienist (CIH) means one certified in the
practice of industrial hygiene by the American Board of Industrial
Hygiene.
Class I asbestos work means activities involving the removal of
thermal system insulation or surfacing ACM/PACM.
Class II asbestos work means activities involving the removal of ACM
which is neither TSI or surfacing ACM. This includes, but is not limited
to, the removal of asbestos-containing wallboard, floor tile and
sheeting, roofing and siding shingles, and construction mastics.
Class III asbestos work means repair and maintenance operations,
where ``ACM'', including TSI and surfacing ACM and PACM, is likely to be
disturbed.
Class IV asbestos work means maintenance and custodial activities
during which employees contact but do not disturb ACM or PACM and
activities to clean up dust, waste and debris resulting from Class I,
II, and III activities.
Clean room means an uncontaminated room having facilities for the
storage of employees' street clothing and uncontaminated materials and
equipment.
Closely resemble means that the major workplace conditions which
have contributed to the levels of historic asbestos exposure, are no
more protective than conditions of the current workplace.
Competent person see qualified person.
Critical barrier means one or more layers of plastic sealed over all
openings into a work area or any other physical barrier sufficient to
prevent airborne asbestos in a work area from migrating to an adjacent
area.
Decontamination area means an enclosed area adjacent and connected
to the regulated area and consisting of an equipment room, shower area,
and clean room, which is used for the decontamination of workers,
materials, and equipment that are contaminated with asbestos.
Demolition means the wrecking or taking out of any load-supporting
structural member and any related razing, removing, or stripping of
asbestos products.
Director means the Director, National Institute for Occupational
Safety and Health, U.S. Department of Health and Human Services, or
designee.
Disturbance means activities that disrupt the matrix of ACM or PACM,
crumble or pulverize ACM or PACM, or generate visible debris from ACM or
PACM. Disturbance includes cutting away small amounts of ACM and PACM,
no greater than the amount which can be contained in one standard sized
glove bag or waste bag, in order to access a building or vessel
component. In no event shall the amount of ACM or PACM so disturbed
exceed that which can be contained in one glove bag or waste bag which
shall not exceed 60 inches in length and width.
Employee exposure means that exposure to airborne asbestos that
would occur if the employee were not using respiratory protective
equipment.
Equipment room (change room) means a contaminated room located
within
[[Page 135]]
the decontamination area that is supplied with impermeable bags or
containers for the disposal of contaminated protective clothing and
equipment.
Fiber means a particulate form of asbestos, 5 micrometers or longer,
with a length-to-diameter ratio of at least 3 to 1.
Glovebag means not more than a 60x60 inch impervious plastic bag-
like enclosure affixed around an asbestos-containing material, with
glove-like appendages through which material and tools may be handled.
High-efficiency particulate air (HEPA) filter means a filter capable
of trapping and retaining at least 99.97 percent of all mono-dispersed
particles of 0.3 micrometers in diameter.
Homogeneous area means an area of surfacing material or thermal
system insulation that is uniform in color and texture.
Industrial hygienist means a professional qualified by education,
training, and experience to anticipate, recognize, evaluate and develop
controls for occupational health hazards.
Intact means that the ACM has not crumbled, been pulverized, or
otherwise deteriorated so that the asbestos is no longer likely to be
bound with its matrix.
Modification for purposes of paragraph (g)(6)(ii) of this section
means a changed or altered procedure, material or component of a control
system, which replaces a procedure, material or component of a required
system. Omitting a procedure or component, or reducing or diminishing
the stringency or strength of a material or component of the control
system is not a ``modification'' for purposes of paragraph (g)(6) of
this section.
Negative Initial Exposure Assessment means a demonstration by the
employer, which complies with the criteria in paragraph (f)(2)(iii) of
this section, that employee exposure during an operation is expected to
be consistently below the PELs.
PACM means presumed asbestos containing material.
Presumed asbestos containing material means thermal system
insulation and surfacing material found in buildings, vessels, and
vessel sections constructed no later than 1980. The designation of a
material as ``PACM'' may be rebutted pursuant to paragraph (k)(5) of
this section.
Project Designer means a person who has successfully completed the
training requirements for an abatement project designer established by
40 U.S.C. Sec. 763.90(g).
Qualified person means, in addition to the definition in 29 CFR
1926.32(f), one who is capable of identifying existing asbestos hazards
in the workplace and selecting the appropriate control strategy for
asbestos exposure, who has the authority to take prompt corrective
measures to eliminate them, as specified in 29 CFR 1926.32(f); in
addition, for Class I and Class II work who is specially trained in a
training course which meets the criteria of EPA's Model Accreditation
Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class
III and Class IV work, who is trained in a manner consistent with EPA
requirements for training of local education agency maintenance and
custodial staff as set forth at 40 CFR 763.92(a)(2).
Regulated area means an area established by the employer to
demarcate areas where Class I, II, and III asbestos work is conducted,
and any adjoining area where debris and waste from such asbestos work
accumulate; and a work area within which airborne concentrations of
asbestos, exceed or can reasonably be expected to exceed the permissible
exposure limit. Requirements for regulated areas are set out in
paragraph (e) of this section.
Removal means all operations where ACM and/or PACM is taken out or
stripped from structures or substrates, and includes demolition
operations.
Renovation means the modifying of any existing vessel, vessel
section, structure, or portion thereof.
Repair means overhauling, rebuilding, reconstructing, or
reconditioning of vessels, vessel sections, structures or substrates,
including encapsulation or other repair of ACM or PACM attached to
structures or substrates.
[[Page 136]]
Surfacing material means material that is sprayed, troweled-on or
otherwise applied to surfaces (such as acoustical plaster on ceilings
and fireproofing materials on structural members, or other materials on
surfaces for acoustical, fireproofing, and other purposes).
Surfacing ACM means surfacing material which contains more than 1%
asbestos.
Thermal system insulation (TSI) means ACM applied to pipes,
fittings, boilers, breeching, tanks, ducts or other structural
components to prevent heat loss or gain.
Thermal system insulation ACM is thermal system insulation which
contains more than 1% asbestos.
(c) Permissible exposure limits (PELS)--(1) Time-weighted average
limit (TWA). The employer shall ensure that no employee is exposed to an
airborne concentration of asbestos in excess of 0.1 fiber per cubic
centimeter of air as an eight (8) hour time-weighted average (TWA), as
determined by the method prescribed in appendix A to this section, or by
an equivalent method.
(2) Excursion limit. The employer shall ensure that no employee is
exposed to an airborne concentration of asbestos in excess of 1.0 fiber
per cubic centimeter of air (1 f/cc) as averaged over a sampling period
of thirty (30) minutes, as determined by the method prescribed in
appendix A to this section, or by an equivalent method.
(d) Multi-employer worksites. (1) On multi-employer worksites, an
employer performing work requiring the establishment of a regulated area
shall inform other employers on the site of the nature of the employer's
work with asbestos and/or PACM, of the existence of and requirements
pertaining to regulated areas, and the measures taken to ensure that
employees of such other employers are not exposed to asbestos.
(2) Asbestos hazards at a multi-employer worksite shall be abated by
the contractor who created or controls the source of asbestos
contamination. For example, if there is a significant breach of an
enclosure containing Class I work, the employer responsible for erecting
the enclosure shall repair the breach immediately.
(3) In addition, all employers of employees exposed to asbestos
hazards shall comply with applicable protective provisions to protect
their employees. For example, if employees working immediately adjacent
to a Class I asbestos job are exposed to asbestos due to the inadequate
containment of such job, their employer shall either remove the
employees from the area until the enclosure breach is repaired; or
perform an initial exposure assessment pursuant to paragraph (f) of this
section.
(4) All employers of employees working adjacent to regulated areas
established by another employer on a multi-employer worksite shall take
steps on a daily basis to ascertain the integrity of the enclosure and/
or the effectiveness of the control method relied on by the primary
asbestos contractor to assure that asbestos fibers do not migrate to
such adjacent areas.
(5) All general contractors on a shipyard project which includes
work covered by this standard shall be deemed to exercise general
supervisory authority over the work covered by this standard, even
though the general contractor is not qualified to serve as the asbestos
``qualified person'' as defined by paragraph (b) of this section. As
supervisor of the entire project, the general contractor shall ascertain
whether the asbestos contractor is in compliance with this standard, and
shall require such contractor to come into compliance with this standard
when necessary.
(e) Regulated areas. (1) All Class I, II and III asbestos work shall
be conducted within regulated areas. All other operations covered by
this standard shall be conducted within a regulated area where airborne
concentrations of asbestos exceed, or there is a reasonable possibility
they may exceed a PEL. Regulated areas shall comply with the
requirements of paragraphs (e) (2), (3), (4) and (5) of this section.
(2) Demarcation. The regulated area shall be demarcated in any
manner that minimizes the number of persons within the area and protects
persons outside the area from exposure to airborne asbestos. Where
critical barriers or negative pressure enclosures are
[[Page 137]]
used, they may demarcate the regulated area. Signs shall be provided and
displayed pursuant to the requirements of paragraph (k)(7) of this
section.
(3) Access. Access to regulated areas shall be limited to authorized
persons and to persons authorized by the Act or regulations issued
pursuant thereto.
(4) Respirators. All persons entering a regulated area where
employees are required pursuant to paragraph (h)(1) of this section to
wear respirators shall be supplied with a respirator selected in
accordance with paragraph (h)(2) of this section.
(5) Prohibited activities. The employer shall ensure that employees
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the
regulated area.
(6) Qualified persons. The employer shall ensure that all asbestos
work performed within regulated areas is supervised by a qualified
person, as defined in paragraph (b) of this section. The duties of the
qualified person are set out in paragraph (o) of this section.
(f) Exposure assessments and monitoring--(1) General monitoring
criteria. (i) Each employer who has a workplace or work operation where
exposure monitoring is required under this section shall perform
monitoring to determine accurately the airborne concentrations of
asbestos to which employees may be exposed.
(ii) Determinations of employee exposure shall be made from
breathing zone air samples that are representative of the 8-hour TWA and
30-minute short-term exposures of each employee.
(iii) Representative 8-hour TWA employee exposure shall be
determined on the basis of one or more samples representing full-shift
exposure for employees in each work area. Representative 30-minute
short-term employee exposures shall be determined on the basis of one or
more samples representing 30 minute exposures associated with operations
that are most likely to produce exposures above the excursion limit for
employees in each work area.
(2) Initial exposure assessment. (i) Each employer who has a
workplace or work operation covered by this standard shall ensure that a
``qualified person'' conducts an exposure assessment immediately before
or at the initiation of the operation to ascertain expected exposures
during that operation or workplace. The assessment must be completed in
time to comply with requirements which are triggered by exposure data or
the lack of a ``negative exposure assessment,'' and to provide
information necessary to assure that all control systems planned are
appropriate for that operation and will work properly.
(ii) Basis of initial exposure assessment. Unless a negative
exposure assessment has been made pursuant to paragraph (f)(2)(iii) of
this section, the initial exposure assessment shall, if feasible, be
based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this
section. The assessment shall take into consideration both the
monitoring results and all observations, information or calculations
which indicate employee exposure to asbestos, including any previous
monitoring conducted in the workplace, or of the operations of the
employer which indicate the levels of airborne asbestos likely to be
encountered on the job. For Class I asbestos work, until the employer
conducts exposure monitoring and documents that employees on that job
will not be exposed in excess of the PELs, or otherwise makes a negative
exposure assessment pursuant to paragraph (f)(2)(iii) of this section,
the employer shall presume that employees are exposed in excess of the
TWA and excursion limit.
(iii) Negative initial exposure assessment. For any one specific
asbestos job which will be performed by employees who have been trained
in compliance with the standard, the employer may demonstrate that
employee exposures will be below the PELs by data which conform to the
following criteria:
(A) Objective data demonstrating that the product or material
containing asbestos minerals or the activity involving such product or
material cannot release airborne fibers in concentrations exceeding the
TWA and excursion limit under those work conditions having the greatest
potential for releasing asbestos; or
(B) Where the employer has monitored prior asbestos jobs for the PEL
and the excursion limit within 12 months of the current or projected
job,
[[Page 138]]
the monitoring and analysis were performed in compliance with the
asbestos standard in effect; and the data were obtained during work
operations conducted under workplace conditions ``closely resembling''
the processes, type of material, control methods, work practices, and
environmental conditions used and prevailing in the employer's current
operations, the operations were conducted by employees whose training
and experience are no more extensive than that of employees performing
the current job, and these data show that under the conditions
prevailing and which will prevail in the current workplace there is a
high degree of certainty that employee exposures will not exceed the TWA
and excursion limit; or
(C) The results of initial exposure monitoring of the current job
made from breathing zone air samples that are representative of the 8-
hour TWA and 30-minute short-term exposures of each employee covering
operations which are most likely during the performance of the entire
asbestos job to result in exposures over the PELs.
(3) Periodic monitoring--(i) Class I and II operations. The employer
shall conduct daily monitoring that is representative of the exposure of
each employee who is assigned to work within a regulated area who is
performing Class I or II work, unless the employer pursuant to paragraph
(f)(2)(iii) of this section, has made a negative exposure assessment for
the entire operation.
(ii) All operations under the standard other than Class I and II
operations. The employer shall conduct periodic monitoring of all work
where exposures are expected to exceed a PEL, at intervals sufficient to
document the validity of the exposure prediction.
(iii) Exception. When all employees required to be monitored daily
are equipped with supplied-air respirators operated in the pressure
demand mode, or other positive pressure mode respirator, the employer
may dispense with the daily monitoring required by this paragraph.
However, employees performing Class I work using a control method which
is not listed in paragraph (g)(4) (i), (ii), or (iii) of this section or
using a modification of a listed control method, shall continue to be
monitored daily even if they are equipped with supplied-air respirators.
(4) Termination of monitoring. (i) If the periodic monitoring
required by paragraph (f)(3) of this section reveals that employee
exposures, as indicated by statistically reliable measurements, are
below the permissible exposure limit and excursion limit the employer
may discontinue monitoring for those employees whose exposures are
represented by such monitoring.
(ii) Additional monitoring. Notwithstanding the provisions of
paragraph (f) (2) and (3), and (f)(4) of this section, the employer
shall institute the exposure monitoring required under paragraph (f)(3)
of this section whenever there has been a change in process, control
equipment, personnel or work practices that may result in new or
additional exposures above the permissible exposure limit and/or
excursion limit or when the employer has any reason to suspect that a
change may result in new or additional exposures above the permissible
exposure limit and/or excursion limit. Such additional monitoring is
required regardless of whether a ``negative exposure assessment'' was
previously produced for a specific job.
(5) Employee notification of monitoring results. The employer must,
as soon as possible but no later than 5 days after the receipt of the
results of any monitoring performed under this section, notify each
affected employee of these results either individually in writing or by
posting the results in an appropriate location that is accessible to
employees.
(6) Observation of monitoring. (i) The employer shall provide
affected employees and their designated representatives an opportunity
to observe any monitoring of employee exposure to asbestos conducted in
accordance with this section.
(ii) When observation of the monitoring of employee exposure to
asbestos requires entry into an area where the use of protective
clothing or equipment is required, the observer shall be provided with
and be required to use such clothing and equipment and shall comply with
all other applicable safety and health procedures.
(g) Methods of compliance--(1) Engineering controls and work
practices for all
[[Page 139]]
operations covered by this section. The employer shall use the following
engineering controls and work practices in all operations covered by
this section, regardless of the levels of exposure:
(i) Vacuum cleaners equipped with HEPA filters to collect all debris
and dust containing ACM and PACM, except as provided in paragraph
(g)(8)(ii) of this section in the case of roofing material;
(ii) Wet methods, or wetting agents, to control employee exposures
during asbestos handling, mixing, removal, cutting, application, and
cleanup, except where employers demonstrate that the use of wet methods
is infeasible due to for example, the creation of electrical hazards,
equipment malfunction, and, in roofing, except as provided in paragraph
(g)(8)(ii) of this section; and
(iii) Prompt clean-up and disposal of wastes and debris contaminated
with asbestos in leak-tight containers except in roofing operations,
where the procedures specified in paragraph (g)(8)(ii) of this section
apply.
(2) In addition to the requirements of paragraph (g)(1) of this
section above, the employer shall use the following control methods to
achieve compliance with the TWA permissible exposure limit and excursion
limit prescribed by paragraph (c) of this section;
(i) Local exhaust ventilation equipped with HEPA filter dust
collection systems;
(ii) Enclosure or isolation of processes producing asbestos dust;
(iii) Ventilation of the regulated area to move contaminated air
away from the breathing zone of employees and toward a filtration or
collection device equipped with a HEPA filter;
(iv) Use of other work practices and engineering controls that the
Assistant Secretary can show to be feasible.
(v) Wherever the feasible engineering and work practice controls
described above are not sufficient to reduce employee exposure to or
below the permissible exposure limit and/or excursion limit prescribed
in paragraph (c) of this section, the employer shall use them to reduce
employee exposure to the lowest levels attainable by these controls and
shall supplement them by the use of respiratory protection that complies
with the requirements of paragraph (h) of this section.
(3) Prohibitions. The following work practices and engineering
controls shall not be used for work related to asbestos or for work
which disturbs ACM or PACM, regardless of measured levels of asbestos
exposure or the results of initial exposure assessments:
(i) High-speed abrasive disc saws that are not equipped with point
of cut ventilator or enclosures with HEPA filtered exhaust air.
(ii) Compressed air used to remove asbestos, or materials containing
asbestos, unless the compressed air is used in conjunction with an
enclosed ventilation system designed to capture the dust cloud created
by the compressed air.
(iii) Dry sweeping, shoveling or other dry clean-up of dust and
debris containing ACM and PACM.
(iv) Employee rotation as a means of reducing employee exposure to
asbestos.
(4) Class I requirements. In addition to the provisions of
paragraphs (g) (1) and (2) of this section, the following engineering
controls and work practices and procedures shall be used.
(i) All Class I work, including the installation and operation of
the control system shall be supervised by a qualified person as defined
in paragraph (b) of this section;
(ii) For all Class I jobs involving the removal of more than 25
linear or 10 square feet of TSI or surfacing ACM or PACM; for all other
Class I jobs, where the employer cannot produce a negative exposure
assessment pursuant to paragraph (f)(2)(iii) of this section, or where
employees are working in areas adjacent to the regulated area, while the
Class I work is being performed, the employer shall use one of the
following methods to ensure that airborne asbestos does not migrate from
the regulated area:
(A) Critical barriers shall be placed over all the openings to the
regulated area, except where activities are performed outdoors; or
(B) The employer shall use another barrier or isolation method which
prevents the migration of airborne asbestos from the regulated area, as
verified by perimeter area surveillance during
[[Page 140]]
each work shift at each boundary of the regulated area, showing no
visible asbestos dust; and perimeter area monitoring showing that
clearance levels contained in 40 CFR part 763, subpart E of the EPA
Asbestos in Schools Rule are met, or that perimeter area levels,
measured by Phase Contrast Microscopy (PCM) are no more than background
levels representing the same area before the asbestos work began. The
results of such monitoring shall be made known to the employer no later
than 24 hours from the end of the work shift represented by such
monitoring. Exception: For work completed outdoors where employees are
not working in areas adjacent to the regulated areas, this paragraph
(g)(4)(ii) is satisfied when the specific control methods in paragraph
(g)(5) of this section are used.
(iii) For all Class I jobs, HVAC systems shall be isolated in the
regulated area by sealing with a double layer of 6 mil plastic or the
equivalent;
(iv) For all Class I jobs, impermeable dropcloths shall be placed on
surfaces beneath all removal activity;
(v) For all Class I jobs, all objects within the regulated area
shall be covered with impermeable dropcloths or plastic sheeting which
is secured by duct tape or an equivalent.
(vi) For all Class I jobs where the employer cannot produce a
negative exposure assessment or where exposure monitoring shows the PELs
are exceeded, the employer shall ventilate the regulated area to move
contaminated air away from the breathing zone of employees toward a HEPA
filtration or collection device.
(5) Specific control systems for Class I work. In addition, Class I
asbestos work shall be performed using one or more of the following
control methods pursuant to the limitations stated below:
(i) Negative pressure enclosure (NPE) systems. NPE systems may be
used where the configuration of the work area does not make the erection
of the enclosure infeasible, with the following specifications and work
practices.
(A) Specifications--(1) The negative pressure enclosure (NPE) may be
of any configuration,
(2) At least 4 air changes per hour shall be maintained in the NPE,
(3) A minimum of -0.02 column inches of water pressure differential,
relative to outside pressure, shall be maintained within the NPE as
evidenced by manometric measurements,
(4) The NPE shall be kept under negative pressure throughout the
period of its use, and
(5) Air movement shall be directed away from employees performing
asbestos work within the enclosure, and toward a HEPA filtration or a
collection device.
(B) Work practices--(1) Before beginning work within the enclosure
and at the beginning of each shift, the NPE shall be inspected for
breaches and smoke-tested for leaks, and any leaks sealed.
(2) Electrical circuits in the enclosure shall be deactivated,
unless equipped with ground-fault circuit interrupters.
(ii) Glove bag systems may be used to remove PACM and/or ACM from
straight runs of piping and elbows and other connections with the
following specifications and work practices:
(A) Specifications--(1) Glovebags shall be made of 6 mil thick
plastic and shall be seamless at the bottom.
(2) Glovebags used on elbows and other connections must be designed
for that purpose and used without modifications.
(B) Work practices--(1) Each glovebag shall be installed so that it
completely covers the circumference of pipes or other structures where
the work is to be done.
(2) Glovebags shall be smoke-tested for leaks and any leaks sealed
prior to use.
(3) Glovebags may be used only once and may not be moved.
(4) Glovebags shall not be used on surfaces whose temperature
exceeds 150 [deg]F.
(5) Prior to disposal, glovebags shall be collapsed by removing air
within them using a HEPA vacuum.
(6) Before beginning the operation, loose and friable material
adjacent to the glovebag/box operation shall be wrapped and sealed in
two layers of six mil plastic or otherwise rendered intact.
(7) Where a system uses an attached waste bag, such bag shall be
connected
[[Page 141]]
to a collection bag using hose or other material which shall withstand
the pressure of ACM waste and water without losing its integrity.
(8) A sliding valve or other device shall separate the waste bag
from the hose to ensure no exposure when the waste bag is disconnected.
(9) At least two persons shall perform Class I glovebag removal
operations.
(iii) Negative pressure glove bag systems. Negative pressure glove
bag systems may be used to remove ACM or PACM from piping.
(A) Specifications: In addition to the specifications for glove bag
systems above, negative pressure glove bag systems shall attach the HEPA
vacuum system or other device to the bag to prevent collapse during
removal.
(B) Work practices--(1) The employer shall comply with the work
practices for glove bag systems in paragraph (g)(5)(ii)(B)(4) of this
section,
(2) The HEPA vacuum cleaner or other device used to prevent collapse
of bag during removal shall run continually during the operation until
it is completed at which time the bag shall be collapsed prior to
removal of the bag from the pipe.
(3) Where a separate waste bag is used along with a collection bag
and discarded after one use, the collection bag may be reused if rinsed
clean with amended water before reuse.
(iv) Negative pressure glove box systems. Negative pressure glove
boxes may be used to remove ACM or PACM from pipe runs with the
following specifications and work practices.
(A) Specifications--(1) Glove boxes shall be constructed with rigid
sides and made from metal or other material which can withstand the
weight of the ACM and PACM and water used during removal:
(2) A negative pressure generator shall be used to create negative
pressure in the system:
(3) An air filtration unit shall be attached to the box:
(4) The box shall be fitted with gloved apertures:
(5) An aperture at the base of the box shall serve as a bagging
outlet for waste ACM and water:
(6) A back-up generator shall be present on site:
(7) Waste bags shall consist of 6 mil thick plastic double-bagged
before they are filled or plastic thicker than 6 mil.
(B) Work practices--(1) At least two persons shall perform the
removal:
(2) The box shall be smoke-tested for leaks and any leaks sealed
prior to each use.
(3) Loose or damaged ACM adjacent to the box shall be wrapped and
sealed in two layers of 6 mil plastic prior to the job, or otherwise
made intact prior to the job.
(4) A HEPA filtration system shall be used to maintain pressure
barrier in box.
(v) Water spray process system. A water spray process system may be
used for removal of ACM and PACM from cold line piping if, employees
carrying out such process have completed a 40-hour separate training
course in its use, in addition to training required for employees
performing Class I work. The system shall meet the following
specifications and shall be performed by employees using the following
work practices.
(A) Specifications--(1) Piping from which insulation will be removed
shall be surrounded on 3 sides by rigid framing,
(2) A 360 degree water spray, delivered through nozzles supplied by
a high pressure separate water line, shall be formed around the piping.
(3) The spray shall collide to form a fine aerosol which provides a
liquid barrier between workers and the ACM and PACM.
(B) Work practices--(1) The system shall be run for at least 10
minutes before removal begins.
(2) All removal shall take place within the barrier.
(3) The system shall be operated by at least three persons, one of
whom shall not perform removal but shall check equipment, and ensure
proper operation of the system.
(4) After removal, the ACM and PACM shall be bagged while still
inside the water barrier.
(vi) A small walk-in enclosure which accommodates no more than two
persons (mini-enclosure) may be used if the disturbance or removal can
be completely contained by the enclosure,
[[Page 142]]
with the following specifications and work practices.
(A) Specifications--(1) The fabricated or job-made enclosure shall
be constructed of 6 mil plastic or equivalent:
(2) The enclosure shall be placed under negative pressure by means
of a HEPA filtered vacuum or similar ventilation unit:
(B) Work practices--(1) Before use, the mini-enclosure shall be
inspected for leaks and smoketested to detect breaches, and any breaches
sealed.
(2) Before reuse, the interior shall be completely washed with
amended water and HEPA-vacuumed.
(3) During use, air movement shall be directed away from the
employee's breathing zone within the mini-enclosure.
(6) Alternative control methods for Class I work. Class I work may
be performed using a control method which is not referenced in paragraph
(g)(5) of this section, or which modifies a control method referenced in
paragraph (g)(5) of this section, if the following provisions are
complied with:
(i) The control method shall enclose, contain or isolate the
processes or source of airborne asbestos dust, or otherwise capture or
redirect such dust before it enters the breathing zone of employees.
(ii) A certified industrial hygienist or licensed professional
engineer who is also qualified as a project designer as defined in
paragraph (b) of this section, shall evaluate the work area, the
projected work practices and the engineering controls and shall certify
in writing that: the planned control method is adequate to reduce direct
and indirect employee exposure to below the PELs under worst-case
conditions of use, and that the planned control method will prevent
asbestos contamination outside the regulated area, as measured by
clearance sampling which meets the requirements of EPA's Asbestos in
Schools Rule issued under AHERA, or perimeter monitoring which meets the
criteria in paragraph (g)(4)(ii)(B) of this section.
(A) Where the TSI or surfacing material to be removed is 25 linear
or 10 square feet or less , the evaluation required in paragraph (g)(6)
of this section may be performed by a ``qualified person'', and may omit
consideration of perimeter or clearance monitoring otherwise required.
(B) The evaluation of employee exposure required in paragraph (g)(6)
of this section, shall include and be based on sampling and analytical
data representing employee exposure during the use of such method under
worst-case conditions and by employees whose training and experience are
equivalent to employees who are to perform the current job.
(7) Work practices and engineering controls for Class II work. (i)
All Class II work shall be supervised by a qualified person as defined
in paragraph (b) of this section.
(ii) For all indoor Class II jobs, where the employer has not
produced a negative exposure assessment pursuant to paragraph
(f)(2)(iii) of this section, or where during the job, changed conditions
indicate there may be exposure above the PEL or where the employer does
not remove the ACM in a substantially intact state, the employer shall
use one of the following methods to ensure that airborne asbestos does
not migrate from the regulated area;
(A) Critical barriers shall be placed over all openings to the
regulated area; or,
(B) The employer shall use another barrier or isolation method which
prevents the migration of airborne asbestos from the regulated area, as
verified by perimeter area monitoring or clearance monitoring which
meets the criteria set out in paragraph (g)(4)(ii)(B) of this section.
(C) Impermeable dropcloths shall be placed on surfaces beneath all
removal activity;
(iii) [Reserved]
(iv) All Class II asbestos work shall be performed using the work
practices and requirements set out above in paragraph (g)(1)(i) through
(g)(1)(iii) of this section.
(8) Additional controls for Class II work. Class II asbestos work
shall also be performed by complying with the work practices and
controls designated for each type of asbestos work to be performed, set
out in this paragraph. Where more than one control method may be used
for a type of asbestos work, the employer may choose one or
[[Page 143]]
a combination of designated control methods. Class II work also may be
performed using a method allowed for Class I work, except that glove
bags and glove boxes are allowed if they fully enclose the Class II
material to be removed.
(i) For removing vinyl and asphalt flooring/deck materials which
contain ACM or for which in buildings constructed not later than 1980,
the employer has not verified the absence of ACM pursuant to paragraph
(g)(8)(i)(I): the employer shall ensure that employees comply with the
following work practices and that employees are trained in these
practices pursuant to paragraph (k)(9) of this section:
(A) Flooring/deck materials or its backing shall not be sanded.
(B) Vacuums equipped with HEPA filter, disposable dust bag, and
metal floor tool (no brush) shall be used to clean floors.
(C) Resilient sheeting shall be removed by cutting with wetting of
the snip point and wetting during delamination. Rip-up of resilient
sheet floor material is prohibited.
(D) All scraping of residual adhesive and/or backing shall be
performed using wet methods.
(E) Dry sweeping is prohibited.
(F) Mechanical chipping is prohibited unless performed in a negative
pressure enclosure which meets the requirements of paragraph (g)(5)(i)
of this section.
(G) Tiles shall be removed intact, unless the employer demonstrates
that intact removal is not possible.
(H) When tiles are heated and can be removed intact, wetting may be
omitted.
(I) Resilient flooring/deck material in buildings/vessels
constructed no later than 1980, including associated mastic and backing
shall be assumed to be asbestos-containing unless an industrial
hygienist determines that it is asbestos-free using recognized
analytical techniques.
(ii) For removing roofing material which contains ACM the employer
shall ensure that the following work practices are followed:
(A) Roofing material shall be removed in an intact state to the
extent feasible.
(B) Wet methods shall be used to remove roofing materials that are
not intact, or that will be rendered not intact during removal, unless
such wet methods are not feasible or will create safety hazards.
(C) Cutting machines shall be continuously misted during use, unless
a competent person determines that misting substantially decreases
worker safety.
(D) When removing built-up roofs with asbestos-containing roofing
felts and an aggregate surface using a power roof cutter, all dust
resulting from the cutting operation shall be collected by a HEPA dust
collector, or shall be HEPA vacuumed by vacuuming along the cut line.
When removing built-up roofs with asbestos-containing roofing felts and
a smooth surface using a power roof cutter, the dust resulting from the
cutting operation shall be collected either by a HEPA dust collector or
HEPA vacuuming along the cut line, or by gently sweeping and then
carefully and completely wiping up the still-wet dust and debris left
along the cut line. The dust and debris shall be immediately bagged or
placed in covered containers.
(E) Asbestos-containing material that has been removed from a roof
shall not be dropped or thrown to the ground. Unless the material is
carried or passed to the ground by hand, it shall be lowered to the
ground via covered, dust-tight chute, crane or hoist:
(1) Any ACM that is not intact shall be lowered to the ground as
soon as is practicable, but in any event no later than the end of the
work shift. While the material remains on the roof it shall either be
kept wet, placed in an impermeable waste bag, or wrapped in plastic
sheeting.
(2) Intact ACM shall be lowered to the ground as soon as is
practicable, but in any event no later than the end of the work shift.
(F) Upon being lowered, unwrapped material shall be transferred to a
closed receptacle in such manner so as to preclude the dispersion of
dust.
(G) Roof level heating and ventilation air intake sources shall be
isolated or the ventilation system shall be shut down.
[[Page 144]]
(H) Notwithstanding any other provision of this section, removal or
repair of sections of intact roofing less than 25 square feet in area
does not require use of wet methods or HEPA vacuuming as long as manual
methods which do not render the material non-intact are used to remove
the material and no visible dust is created by the removal method used.
In determining whether a job involves less than 25 square feet, the
employer shall include all removal and repair work performed on the same
roof on the same day.
(iii) When removing cementitious asbestos-containing siding and
shingles or transite panels containing ACM on building exteriors (other
than roofs, where paragraph (g)(8)(ii) of this section applies) the
employer shall ensure that the following work practices are followed:
(A) Cutting, abrading or breaking siding, shingles, or transite
panels shall be prohibited unless the employer can demonstrate that
methods less likely to result in asbestos fiber release cannot be used.
(B) Each panel or shingle shall be sprayed with amended water prior
to removal.
(C) Unwrapped or unbagged panels or shingles shall be immediately
lowered to the ground via a covered dust-tight chute, crane or hoist, or
be placed in an impervious waste bag or wrapped in plastic sheeting and
lowered to the ground no later than the end of the work shift.
(D) Nails shall be cut with flat, sharp instruments.
(iv) When removing gaskets containing ACM, the employer shall ensure
that the following work practices are followed:
(A) If a gasket is visibly deteriorated and unlikely to be removed
intact, removal shall be undertaken within a glovebag as described in
paragraph (g)(5)(ii) of this section.
(B) [Reserved]
(C) The gasket shall be immediately placed in a disposal container.
(D) Any scraping to remove residue must be performed wet.
(v) When performing any other Class II removal of asbestos
containing material for which specific controls have not been listed in
paragraph (g)(8)(iv) (A) through (D) of this section, the employer shall
ensure that the following work practices are complied with.
(A) The material shall be thoroughly wetted with amended water prior
to and during its removal.
(B) The material shall be removed in an intact state unless the
employer demonstrates that intact removal is not possible.
(C) Cutting, abrading or breaking the material shall be prohibited
unless the employer can demonstrate that methods less likely to result
in asbestos fiber release are not feasible.
(D) Asbestos-containing material removed, shall be immediately
bagged or wrapped, or kept wetted until transferred to a closed
receptacle, no later than the end of the work shift.
(vi) Alternative work practices and controls. Instead of the work
practices and controls listed in paragraphs (g)(8) (i) through (v) of
this section, the employer may use different or modified engineering and
work practice controls if the following provisions are complied with.
(A) The employer shall demonstrate by data representing employee
exposure during the use of such method under conditions which closely
resemble the conditions under which the method is to be used, that
employee exposure will not exceed the PELs under any anticipated
circumstances.
(B) A qualified person shall evaluate the work area, the projected
work practices and the engineering controls, and shall certify in
writing, that the different or modified controls are adequate to reduce
direct and indirect employee exposure to below the PELs under all
expected conditions of use and that the method meets the requirements of
this standard. The evaluation shall include and be based on data
representing employee exposure during the use of such method under
conditions which closely resemble the conditions under which the method
is to be used for the current job, and by employees whose training and
experience are equivalent to employees who are to perform the current
job.
(9) Work practices and engineering controls for Class III asbestos
work. Class III asbestos work shall be conducted using engineering and
work practice controls
[[Page 145]]
which minimize the exposure to employees performing the asbestos work
and to bystander employees.
(i) The work shall be performed using wet methods.
(ii) To the extent feasible, the work shall be performed using local
exhaust ventilation.
(iii) Where the disturbance involves drilling, cutting, abrading,
sanding, chipping, breaking, or sawing of thermal system insulation or
surfacing material, the employer shall use impermeable dropcloths and
shall isolate the operation using mini-enclosures or glove bag systems
pursuant to paragraph (g)(5) of this section or another isolation
method.
(iv) Where the employer does not demonstrate by a negative exposure
assessment performed in compliance with paragraph (f)(2)(iii) of this
section that the PELs will not be exceeded, or where monitoring results
show exceedances of a PEL, the employer shall contain the area using
impermeable dropcloths and plastic barriers or their equivalent, or
shall isolate the operation using mini-enclosure or glove bag systems
pursuant to paragraph (g)(5) of this section.
(v) Employees performing Class III jobs which involve the
disturbance of TSI or surfacing ACM or PACM or where the employer does
not demonstrate by a ``negative exposure assessment'' in compliance with
paragraph (f)(2)(iii) of this section that the PELs will not be exceeded
or where monitoring results show exceedances of the PEL, shall wear
respirators which are selected, used and fitted pursuant to provisions
of paragraph (h) of this section.
(10) Class IV asbestos work. Class IV asbestos jobs shall be
conducted by employees trained pursuant to the asbestos awareness
training program set out in paragraph (k)(9) of this section. In
addition, all Class IV jobs shall be conducted in conformity with the
requirements set out in paragraph (g)(1) of this section, mandating wet
methods, HEPA vacuums, and prompt clean up of debris containing ACM or
PACM.
(i) Employees cleaning up debris and waste in a regulated area where
respirators are required shall wear respirators which are selected, used
and fitted pursuant to provisions of paragraph (h) of this section.
(ii) Employers of employees cleaning up waste and debris in an area
where friable TSI or surfacing ACM/PACM is accessible, shall assume that
such waste and debris contain asbestos.
(11) Specific compliance methods for brake and clutch repair--(i)
Engineering controls and work practices for brake and clutch repair and
service. During automotive brake and clutch inspection, disassembly,
repair and assembly operations, the employer shall institute engineering
controls and work practices to reduce employee exposure to materials
containing asbestos using a negative pressure enclosure/HEPA vacuum
system method or low pressure/wet cleaning method, which meets the
detailed requirements set out in appendix L to this section. The
employer may also comply using an equivalent method which follows
written procedures which the employer demonstrates can achieve results
equivalent to Method A. For facilities in which no more than 5 pair of
brakes or 5 clutches are inspected, disassembled, repaired, or assembled
per week, the method set for in paragraph [D] of appendix L to this
section may be used.
(ii) The employer may also comply by using an equivalent method
which follows written procedures, which the employer demonstrates can
achieve equivalent exposure reductions as do the two ``preferred
methods.'' Such demonstration must include monitoring data conducted
under workplace conditions closely resembling the process, type of
asbestos containing materials, control method, work practices and
environmental conditions which the equivalent method will be used, or
objective data, which document that under all reasonably foreseeable
conditions of brake and clutch repair applications, the method results
in exposures which are equivalent to the methods set out in appendix L
to this section.
(12) Alternative methods of compliance for installation, removal,
repair, and maintenance of certain roofing and pipeline coating
materials. Notwithstanding any other provision of this section, an
[[Page 146]]
employer who complies with all provisions of this paragraph (g)(12) when
installing, removing, repairing, or maintaining intact pipeline
asphaltic wrap, or roof flashings which contain asbestos fibers
encapsulated or coated by bituminous or resinous compounds shall be
deemed to be in compliance with this section. If an employer does not
comply with all provisions of this paragraph (g)(12) or if during the
course of the job the material does not remain intact, the provisions of
paragraph (g)(8) of this section apply instead of this paragraph
(g)(12).
(i) Before work begins and as needed during the job, a qualified
person who is capable of identifying asbestos hazards in the workplace
and selecting the appropriate control strategy for asbestos exposure,
and who has the authority to take prompt corrective measures to
eliminate such hazards, shall conduct an inspection of the worksite and
determine that the roofing material is intact and will likely remain
intact.
(ii) All employees performing work covered by this paragraph (g)(12)
shall be trained in a training program that meets the requirements of
paragraph (k)(9)(viii) of this section.
(iii) The material shall not be sanded, abraded, or ground. Manual
methods which do not render the material non-intact shall be used.
(iv) Material that has been removed from a roof shall not be dropped
or thrown to the ground. Unless the material is carried or passed to the
ground by hand, it shall be lowered to the ground via covered, dust-
tight chute, crane or hoist. All such material shall be removed from the
roof as soon as is practicable, but in any event no later than the end
of the work shift.
(v) Where roofing products which have been labeled as containing
asbestos pursuant to paragraph (k)(8) of this section are installed on
non-residential roofs during operations covered by this paragraph
(g)(12), the employer shall notify the building owner of the presence
and location of such materials no later than the end of the job.
(vi) All removal or disturbance of pipeline asphaltic wrap shall be
performed using wet methods.
(h) Respiratory protection--(1) General. For employees who use
respirators required by this section, the employer must provide each
employee an appropriate respirator that complies with the requirements
of this paragraph. Respirators must be used in the following
circumstances:
(i) During all Class I asbestos jobs.
(ii) During all Class II work where the ACM is not removed in a
substantially intact state.
(iii) During all Class II and III work which is not performed using
wet methods, provided, however, that respirators need not be worn during
removal of ACM from sloped roofs when a negative exposure assessment has
been made and the ACM is removed in an intact state.
(iv) During all Class II and III asbestos jobs where the employer
does not produce a ``negative exposure assessment.''
(v) During all Class III jobs where TSI or surfacing ACM or PACM is
being disturbed.
(vi) During all Class IV work performed within regulated areas where
employees performing other work are required to wear respirators.
(vii) During all work covered by this section where employees are
exposed above the TWA or excursion limit.
(viii) In emergencies.
(2) Respirator selection. (i) Employers must select, and provide to
employees at no cost, the appropriate respirators specified in paragraph
(d)(3)(i)(A) of 29 CFR 1910.134; however, employers must not select or
use filtering facepiece respirators for use against asbestos fibers.
(ii) Employers are to provide HEPA filters for powered and non-
powered air-purifying respirators.
(iii) Employers must:
(A) Inform employees that they may require the employer to provide a
tight-fitting, powered air-purifying respirator (PAPR) permitted for use
under paragraph (h)(2)(i) of this standard instead of a negative
pressure respirator.
(B) Provide employees with a tight-fitting PAPR instead of a
negative pressure respirator when the employees choose to use a tight-
fitting PAPR and it provides them with the required protection against
asbestos.
(iv) Employers must provide employees with an air-purifying, half
mask
[[Page 147]]
respirator, other than a filtering facepiece respirator, whenever the
employees perform:
(A) Class II or Class III asbestos work for which no negative
exposure assessment is available.
(B) Class III asbestos work involving disturbance of TSI or
surfacing ACM or PACM.
(v) Employers must provide employees with:
(A) A tight-fitting, powered air-purifying respirator or a full
facepiece, supplied-air respirator operated in the pressure-demand mode
and equipped with either HEPA egress cartridges or an auxiliary
positive-pressure, self-contained breathing apparatus (SCBA) whenever
the employees are in a regulated area performing Class I asbestos work
for which a negative exposure assessment is not available and the
exposure assessment indicates that the exposure level will be at or
below 1 f/cc as an 8-hour time-weighted average (TWA).
(B) A full facepiece, supplied-air respirator operated in the
pressure-demand mode and equipped with an auxiliary positive-pressure
SCBA whenever the employees are in a regulated area performing Class I
asbestos work for which a negative exposure assessment is not available
and the exposure assessment indicates that the exposure level will be
above 1 f/cc as an 8-hour TWA.
(3) Respirator program. (i) When respiratory protection is used, the
employer shall institute a respiratory protection program in accordance
with 29 CFR 1910.134(b) through (d) (except paragraph (d)(1)(iii)), and
(f) through (m) which covers each employee required by this section to
use a respirator.
(ii) No employee shall be assigned to tasks requiring the use of
respirators if, based on his or her most recent examination, an
examining physician determines that the employee will be unable to
function normally wearing a respirator, or that the safety or health of
the employee or of other employees will be impaired by the use of a
respirator. Such employees shall be assigned to another job or given the
opportunity to transfer to a different position, the duties of which he
or she is able to perform with the same employer, in the same
geographical area, and with the same seniority, status, and rate of pay
and other job benefits he or she had just prior to such transfer, if
such a different position is available.
(i) Protective clothing--(1) General. The employer shall provide and
require the use of protective clothing, such as coveralls or similar
whole-body clothing, head coverings, gloves, and foot coverings for any
employee exposed to airborne concentrations of asbestos that exceed the
TWA and/or excursion limit prescribed in paragraph (c) of this section,
or for which a required negative exposure assessment is not produced, or
for any employee performing Class I operations which involve the removal
of over 25 linear or 10 square feet of TSI or surfacing ACM or PACM.
(2) Laundering. (i) The employer shall ensure that laundering of
contaminated clothing is done so as to prevent the release of airborne
asbestos in excess of the TWA or excursion limit prescribed in paragraph
(c) of this section.
(ii) Any employer who gives contaminated clothing to another person
for laundering shall inform such person of the requirement in paragraph
(i)(2)(i) of this section to effectively prevent the release of airborne
asbestos in excess of the TWA excursion limit prescribed in paragraph
(c) of this section.
(3) The employer shall ensure that contaminated clothing is
transported in sealed impermeable bags, or other closed, impermeable
containers, and labeled in accordance with paragraph (k) of this
section.
(4) Inspection of protective clothing. (i) The qualified person
shall examine worksuits worn by employees at least once per workshift
for rips or tears that may occur during the performance of work.
(ii) When rips or tears are detected while an employee is working,
rips and tears shall be immediately mended, or the worksuit shall be
immediately replaced.
(j) Hygiene facilities and practices for employees. (1) Requirements
for employees performing Class I asbestos jobs involving over 25 linear
or 10 square feet of TSI or surfacing ACM and PACM.
[[Page 148]]
(i) Decontamination areas. For all Class I jobs involving over 25
linear or 10 square feet of TSI or surfacing ACM or PACM, the employer
shall establish a decontamination area that is adjacent and connected to
the regulated area for the decontamination of such employees. The
decontamination area shall consist of an equipment room, shower area,
and clean room in series. The employer shall ensure that employees enter
and exit the regulated area through the decontamination area.
(A) Equipment room. The equipment room shall be supplied with
impermeable, labeled bags and containers for the containment and
disposal of contaminated protective equipment.
(B) Shower area. Shower facilities shall be provided which comply
with 29 CFR 1910.141(d)(3), unless the employer can demonstrate that
they are not feasible. The showers shall be adjacent both to the
equipment room and the clean room, unless the employer can demonstrate
that this location is not feasible. Where the employer can demonstrate
that it is not feasible to locate the shower between the equipment room
and the clean room, or where the work is performed outdoors, or when the
work involving asbestos exposure takes place on board a ship, the
employers shall ensure that employees:
(1) Remove asbestos contamination from their worksuits in the
equipment room using a HEPA vacuum before proceeding to a shower that is
not adjacent to the work area; or
(2) Remove their contaminated worksuits in the equipment room, then
don clean worksuits, and proceed to a shower that is not adjacent to the
work area.
(C) Clean change room. The clean room shall be equipped with a
locker or appropriate storage container for each employee's use. When
the employer can demonstrate that it is not feasible to provide a clean
change area adjacent to the work area, or where the work is performed
outdoors, or when the work takes place aboard a ship, the employer may
permit employees engaged in Class I asbestos jobs to clean their
protective clothing with a portable HEPA-equipped vacuum before such
employees leave the regulated area. Following showering, such employees
however must then change into street clothing in clean change areas
provided by the employer which otherwise meet the requirements of this
section.
(ii) Decontamination area entry procedures. The employer shall
ensure that employees:
(A) Enter the decontamination area through the clean room;
(B) Remove and deposit street clothing within a locker provided for
their use; and
(C) Put on protective clothing and respiratory protection before
leaving the clean room.
(D) Before entering the regulated area, the employer shall ensure
that employees pass through the equipment room.
(iii) Decontamination area exit procedures. The employer shall
ensure that:
(A) Before leaving the regulated area, employees shall remove all
gross contamination and debris from their protective clothing.
(B) Employees shall remove their protective clothing in the
equipment room and deposit the clothing in labeled impermeable bags or
containers.
(C) Employees shall not remove their respirators in the equipment
room.
(D) Employees shall shower prior to entering the clean room.
(E) After showering, employees shall enter the clean room before
changing into street clothes.
(iv) Lunch areas. Whenever food or beverages are consumed at the
worksite where employees are performing Class I asbestos work, the
employer shall provide lunch areas in which the airborne concentrations
of asbestos are below the permissible exposure limit and/or excursion
limit.
(2) Requirements for Class I work involving less than 25 linear or
10 square feet of TSI or surfacing and PACM, and for Class II and Class
III asbestos work operations where exposures exceed a PEL or where there
is no negative exposure assessment produced before the operation. (i)
The employer shall establish an equipment room or area that is adjacent
to the regulated area for the decontamination of employees and their
equipment which is contaminated with asbestos which shall consist of an
area covered by an impermeable drop cloth
[[Page 149]]
on the floor/deck or horizontal working surface.
(ii) The area must be of sufficient size as to accommodate cleaning
of equipment and removing personal protective equipment without
spreading contamination beyond the area (as determined by visible
accumulations).
(iii) Work clothing must be cleaned with a HEPA vacuum before it is
removed.
(iv) All equipment and surfaces of containers filled with ACM must
be cleaned prior to removing them from the equipment room or area.
(v) The employer shall ensure that employees enter and exit the
regulated area through the equipment room or area.
(3) Requirements for Class IV work. Employers shall ensure that
employees performing Class IV work within a regulated area comply with
the hygiene practice required of employees performing work which has a
higher classification within that regulated area. Otherwise employers of
employees cleaning up debris and material which is TSI or surfacing ACM
or identified as PACM shall provide decontamination facilities for such
employees which are required by paragraph (j)(2) of this section.
(4) Smoking in work areas. The employer shall ensure that employees
do not smoke in work areas where they are occupationally exposed to
asbestos because of activities in that work area.
(k) Communication of hazards. (1) This section applies to the
communication of information concerning asbestos hazards in shipyard
employment activities to facilitate compliance with this standard. Most
asbestos-related shipyard activities involve previously installed
building materials. Building/vessel owners often are the only and/or
best sources of information concerning them. Therefore, they, along with
employers of potentially exposed employees, are assigned specific
information conveying and retention duties under this section. Installed
Asbestos Containing Building/Vessel Material: Employers and building/
vessel owners shall identify TSI and sprayed or troweled on surfacing
materials as asbestos-containing unless the employer, by complying with
paragraph (k)(5) of this section determines that the material is not
asbestos-containing. Asphalt or vinyl flooring/decking material
installed in buildings or vessels no later than 1980 must also be
considered as asbestos containing unless the employer/owner, pursuant to
paragraph (g)(8)(i)(I) of this section, determines it is not asbestos
containing. If the employer or building/vessel owner has actual
knowledge or should have known, through the exercise of due diligence,
that materials other than TSI and sprayed-on or troweled-on surfacing
materials are asbestos-containing, they must be treated as such. When
communicating information to employees pursuant to this standard, owners
and employers shall identify ``PACM'' as ACM. Additional requirements
relating to communication of asbestos work on multi- employer worksites
are set out in paragraph (d) of this standard.
(2) Duties of building/vessel and facility owners. (i) Before work
subject to this standard is begun, building/vessel and facility owners
shall determine the presence, location, and quantity of ACM and/or PACM
at the work site pursuant to paragraph (k)(1) of this section.
(ii) Building/vessel and/or facility owners shall notify the
following persons of the presence, location and quantity of ACM or PACM,
at work sites in their buildings/facilities/vessels. Notification either
shall be in writing or shall consist of a personal communication between
the owner and the person to whom notification must be given or their
authorized representatives:
(A) Prospective employers applying or bidding for work whose
employees reasonably can be expected to work in or adjacent to areas
containing such material;
(B) Employees of the owner who will work in or adjacent to areas
containing such material:
(C) On multi-employer worksites, all employers of employees who will
be performing work within or adjacent to areas containing such
materials;
(D) Tenants who will occupy areas containing such materials.
(3) Duties of employers whose employees perform work subject to this
standard in or adjacent to areas containing ACM and
[[Page 150]]
PACM. Building/vessel and facility owners whose employees perform such
work shall comply with these provisions to the extent applicable.
(i) Before work in areas containing ACM and PACM is begun, employers
shall identify the presence, location, and quantity of ACM, and/or PACM
therein pursuant to paragraph (k)(1) of this section.
(ii) Before work under this standard is performed employers of
employees who will perform such work shall inform the following persons
of the location and quantity of ACM and/or PACM present at the worksite
and the precautions to be taken to ensure that airborne asbestos is
confined to the area.
(iii) Within 10 days of the completion of such work, the employer
whose employees have performed work subject to this standard, shall
inform the building/vessel or facility owner and employers of employees
who will be working in the area of the current location and quantity of
PACM and/or ACM remaining in the former regulated area and final
monitoring results, if any.
(4) In addition to the above requirements, all employers who
discover ACM and/or PACM on a work site shall convey information
concerning the presence, location and quantity of such newly discovered
ACM and/or PACM to the owner and to other employers of employees working
at the work site, within 24 hours of the discovery.
(5) Criteria to rebut the designation of installed material as PACM.
(i) At any time, an employer and/or building/vessel owner may
demonstrate, for purposes of this standard, that PACM does not contain
asbestos. Building/vessel owners and/or employers are not required to
communicate information about the presence of building material for
which such a demonstration pursuant to the requirements of paragraph
(k)(5)(ii) of this section has been made. However, in all such cases,
the information, data and analysis supporting the determination that
PACM does not contain asbestos, shall be retained pursuant to paragraph
(n) of this section.
(ii) An employer or owner may demonstrate that PACM does not contain
more than 1% asbestos by the following:
(A) Having completed an inspection conducted pursuant to the
requirements of AHERA (40 CFR part 763, subpart E) which demonstrates
that the material is not ACM; or
(B) Performing tests of the material containing PACM which
demonstrate that no ACM is present in the material. Such tests shall
include analysis of bulk samples collected in the manner described in 40
CFR 763.86. The tests, evaluation and sample collection shall be
conducted by an accredited inspector or by a CIH. Analysis of samples
shall be performed by persons or laboratories with proficiency
demonstrated by current successful participation in a nationally
recognized testing program such as the National Voluntary Laboratory
Accreditation Program (NVLAP) or the National Institute for Standards
and Technology (NIST) or the Round Robin for bulk samples administered
by the American Industrial Hygiene Association (AIHA), or an equivalent
nationally-recognized round robin testing program.
(iii) The employer and/or building/vessel owner may demonstrate that
flooring material including associated mastic and backing does not
contain asbestos, by a determination of an industrial hygienist based
upon recognized analytical techniques showing that the material is not
ACM.
(6) At the entrance to mechanical rooms/areas in which employees
reasonably can be expected to enter and which contain ACM and/or PACM,
the building/vessel owner shall post signs which identify the material
which is present, its location, and appropriate work practices which, if
followed, will ensure that ACM and/or PACM will not be disturbed. The
employer shall ensure, to the extent feasible, that employees who come
in contact with these signs can comprehend them. Means to ensure
employee comprehension may include the use of foreign languages,
pictographs, graphics, and awareness training.
(7) Hazard communication. (i) Labels shall be affixed to all
products containing asbestos and to all containers containing such
products, including waste containers. Where feasible, installed asbestos
products shall contain a visible label.
[[Page 151]]
(ii) General. The employer shall include asbestos in the program
established to comply with the Hazard Communication Standard (HCS)
(Sec. 1910.1200). The employer shall ensure that each employee has
access to labels on containers of asbestos and safety data sheets, and
is trained in accordance with the provisions of the HCS and paragraph
(k)(9) of this section. The employer shall ensure that at least the
following hazards are addressed: Cancer and lung effects.
(iii) Labels. (A) The employer shall ensure that labels of bags or
containers of protective clothing and equipment, scrap, waste, and
debris containing asbestos fibers bear the following information:
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST
(B)(1) Prior to June 1, 2015, employers may include the following
information on raw materials, mixtures or labels of bags or containers
of protective clothing and equipment, scrap, waste, and debris
containing asbestos fibers in lieu of the labeling requirements in
paragraphs (k)(7)(ii) and (k)(7)(iii)(A) of this section:
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
(2) Labels shall also contain a warning statement against breathing
asbestos fibers.
(iv) The provisions for labels required in paragraph (k)(7) of this
section do not apply where:
(A) Asbestos fibers have been modified by a bonding agent, coating,
binder, or other material, provided that the manufacturer can
demonstrate that, during any reasonably foreseeable use, handling,
storage, disposal, processing, or transportation, no airborne
concentrations of asbestos fibers in excess of the permissible exposure
limit and/or excursion limit will be released, or
(B) Asbestos is present in a product in concentrations less than 1.0
percent.
(8) Signs. (i) Warning signs that demarcate the regulated area shall
be provided and displayed at each location where a regulated area is
required to be established by paragraph (e) of this section. Signs shall
be posted at such a distance from such a location that an employee may
read the signs and take necessary protective steps before entering the
area marked by the signs.
(ii) The warning signs required by this paragraph (k)(8) shall bear
the following legend:
DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
(iii) In addition, where the use of respirators and protective
clothing is required in the regulated area under this section, the
warning signs shall include the following:
WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA
(iv) The employer shall ensure that employees working in and
contiguous to regulated areas comprehend the warning signs required to
be posted by paragraph (k)(8) of this section. Means to ensure employee
comprehension may include the use of foreign languages, pictographs, and
graphics.
(v) When a building/vessel owner or employer identifies previously
installed PACM and/or ACM, labels or signs shall be affixed or posted so
that employees will be notified of what materials contain PACM and/or
ACM. The employer shall attach such labels in areas where they will
clearly be noticed by employees who are likely to be exposed, such as at
the entrance to mechanical room/areas. Signs required by paragraph
(k)(6) of this section may be posted in lieu of labels, so long as they
contain information required for labeling. The employer shall ensure, to
the extent feasible, that employees who come in contact with these signs
or labels can comprehend them. Means to ensure employee comprehension
may include the use of foreign languages, pictographs, graphics, and
awareness training.
(vi) Prior to June 1, 2016, employers may use the following legend
in lieu of that specified in paragraph (k)(8)(ii) of this section:
[[Page 152]]
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
(vii) Prior to June 1, 2016, employers may use the following legend
in lieu of that specified in paragraph (k)(8)(iii) of this section:
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
(9) Employee information and training. (i) The employer shall train
each employee who is likely to be exposed in excess of a PEL and each
employee who performs Class I through IV asbestos operations in
accordance with the requirements of this section. Training shall be
provided at no cost to the employee. The employer shall institute a
training program and ensure employee participation in the program.
(ii) Training shall be provided prior to or at the time of initial
assignment and at least annually thereafter.
(iii) Training for Class I operations and for Class II operations
that require the use of critical barriers (or equivalent isolation
methods) and/or negative pressure enclosures under this section shall be
the equivalent in curriculum, training method and length to the EPA
Model Accreditation Plan (MAP) asbestos abatement workers training (40
CFR part 763, subpart E, appendix C).
(iv) Training for other Class II work.
(A) For work with asbestos containing roofing materials, flooring
materials, siding materials, ceiling tiles, or transite panels, training
shall include at a minimum all the elements included in paragraph
(k)(9)(viii) of this section and in addition, the specific work
practices and engineering controls set forth in paragraph (g) of this
section which specifically relate to that category. Such course shall
include ``hands-on'' training and shall take at least 8 hours.
(B) An employee who works with more than one of the categories of
material specified in paragraph (k)(9)(iv)(A) of this section shall
receive training in the work practices applicable to each category of
material that the employee removes and each removal method that the
employee uses.
(C) For Class II operations not involving the categories of material
specified in paragraph (k)(9)(iv)(A) of this section, training shall be
provided which shall include at a minimum all the elements included in
paragraph (k)(9)(viii) of this section and in addition, the specific
work practices and engineering controls set forth in paragraph (g) of
this section which specifically relate to the category of material being
removed, and shall include ``hands-on'' training in the work practices
applicable to each category of material that the employee removes and
each removal method that the employee uses.
(v) Training for Class III employees shall be consistent with EPA
requirements for training of local education agency maintenance and
custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall
also include ``hands-on'' training and shall take at least 16 hours.
Exception: For Class III operations for which the competent person
determines that the EPA curriculum does not adequately cover the
training needed to perform that activity, training shall include as a
minimum all the elements included in paragraph (k)(9)(viii) of this
section and in addition, the specific work practices and engineering
controls set forth in paragraph (g) of this section which specifically
relate to that activity, and shall include ``hands-on'' training in the
work practices applicable to each category of material that the employee
disturbs.
(vi) Training for employees performing Class IV operations shall be
consistent with EPA requirements for training of local education agency
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1).
Such a course shall include available information concerning the
locations of thermal system insulation and surfacing ACM/PACM, and
asbestos-containing flooring material, or flooring material where the
absence of asbestos has not yet been certified; and instruction in the
recognition of damage, deterioration, and delamination of asbestos
containing building materials. Such a course shall take at least 2
hours.
(vii) Training for employees who are likely to be exposed in excess
of the PEL and who are not otherwise required to be trained under
paragraph
[[Page 153]]
(k)(9) (iii) through (vi) of this section, shall meet the requirements
of paragraph (k)(9)(viii) of this section.
(viii) The training program shall be conducted in a manner that the
employee is able to understand. In addition to the content required by
the provisions in paragraphs (k)(9)(iii) through (vi) of this section,
the employer shall ensure that each such employee is informed of the
following:
(A) Methods of recognizing asbestos, including the requirement in
paragraph (k)(1) of this section to presume that certain building
materials contain asbestos;
(B) The health effects associated with asbestos exposure;
(C) The relationship between smoking and asbestos in producing lung
cancer;
(D) The nature of operations that could result in exposure to
asbestos, the importance of necessary protective controls to minimize
exposure including, as applicable, engineering controls, work practices,
respirators, housekeeping procedures, hygiene facilities, protective
clothing, decontamination procedures, emergency procedures, and waste
disposal procedures, and any necessary instruction in the use of these
controls and procedures; where Class III and IV work will be or is
performed, the contents of EPA 20T-2003, ``Managing Asbestos In-Place''
July 1990 or its equivalent in content;
(E) The purpose, proper use, fitting instructions, and limitations
of respirators as required by 29 CFR 1910.134;
(F) The appropriate work practices for performing the asbestos job;
(G) Medical surveillance program requirements;
(H) The content of this standard including appendices;
(I) The names, addresses and phone numbers of public health
organizations which provide information, materials and/or conduct
programs concerning smoking cessation. The employer may distribute the
list of such organizations contained in appendix J to this section, to
comply with this requirement; and
(J) The requirements for posting signs and affixing labels and the
meaning of the required legends for such signs and labels.
(10) Access to training materials. (i) The employer shall make
readily available to affected employees without cost, written materials
relating to the employee training program, including a copy of this
regulation.
(ii) The employer shall provide to the Assistant Secretary and the
Director, upon request, all information and training materials relating
to the employee information and training program.
(iii) The employer shall inform all employees concerning the
availability of self-help smoking cessation program material. Upon
employee request, the employer shall distribute such material,
consisting of NIH Publication No, 89-1647, or equivalent self-help
material, which is approved or published by a public health organization
listed in appendix J to this section.
(l) Housekeeping--(1) Vacuuming. Where vacuuming methods are
selected, HEPA filtered vacuuming equipment must be used. The equipment
shall be used and emptied in a manner that minimizes the reentry of
asbestos into the workplace.
(2) Waste disposal. Asbestos waste, scrap, debris, bags, containers,
equipment, and contaminated clothing consigned for disposal shall be
collected and disposed of in sealed, labeled, impermeable bags or other
closed, labeled, impermeable containers except in roofing operations,
where the procedures specified in paragraph (g)(8)(ii) of this section
apply.
(3) Care of asbestos-containing flooring/deck material. (i) All
vinyl and asphalt flooring/deck material shall be maintained in
accordance with this paragraph unless the building/facility owner
demonstrates, pursuant to paragraph (g)(8)(i)(I) of this section that
the flooring/deck does not contain asbestos.
(ii) Sanding of flooring/deck material is prohibited.
(iii) Stripping of finishes shall be conducted using low abrasion
pads at speeds lower than 300 rpm and wet methods.
(iv) Burnishing or dry buffing may be performed only on flooring/
deck which has sufficient finish so that the pad cannot contact the
flooring/deck material.
[[Page 154]]
(4) Waste and debris and accompanying dust in an area containing
accessible thermal system insulation or surfacing ACM/PACM or visibly
deteriorated ACM:
(i) Shall not be dusted or swept dry, or vacuumed without using a
HEPA filter;
(ii) Shall be promptly cleaned up and disposed of in leak tight
containers.
(m) Medical surveillance--(1) General--(i) Employees covered. (A)
The employer shall institute a medical surveillance program for all
employees who for a combined total of 30 or more days per year are
engaged in Class I, II and III work or are exposed at or above a
permissible exposure limit. For purposes of this paragraph, any day in
which a worker engages in Class II or Class III operations or a
combination thereof on intact material for one hour or less (taking into
account the entire time spent on the removal operation, including
cleanup) and, while doing so, adheres fully to the work practices
specified in this standard, shall not be counted.
(B) For employees otherwise required by this standard to wear a
negative pressure respirator, employers shall ensure employees are
physically able to perform the work and use the equipment. This
determination shall be made under the supervision of a physician.
(ii) Examination. (A) The employer shall ensure that all medical
examinations and procedures are performed by or under the supervision of
a licensed physician, and are provided at no cost to the employee and at
a reasonable time and place.
(B) Persons other than such licensed physicians who administer the
pulmonary function testing required by this section shall complete a
training course in spirometry sponsored by an appropriate academic or
professional institution.
(2) Medical examinations and consultations--(i) Frequency. The
employer shall make available medical examinations and consultations to
each employee covered under paragraph (m)(1)(i) of this section on the
following schedules:
(A) Prior to assignment of the employee to an area where negative-
pressure respirators are worn;
(B) When the employee is assigned to an area where exposure to
asbestos may be at or above the permissible exposure limit for 30 or
more days per year, or engage in Class I, II, or III work for a combined
total of 30 or more days per year, a medical examination must be given
within 10 working days following the thirtieth day of exposure;
(C) And at least annually thereafter.
(D) If the examining physician determines that any of the
examinations should be provided more frequently than specified, the
employer shall provide such examinations to affected employees at the
frequencies specified by the physician.
(E) Exception: No medical examination is required of any employee if
adequate records show that the employee has been examined in accordance
with this paragraph within the past 1-year period.
(ii) Content. Medical examinations made available pursuant to
paragraphs (m)(2)(i) (A) through (m)(2)(i) (C) of this section shall
include:
(A) A medical and work history with special emphasis directed to the
pulmonary, cardiovascular, and gastrointestinal systems.
(B) On initial examination, the standardized questionnaire contained
in part 1 of appendix D to this section and, on annual examination, the
abbreviated standardized questionnaire contained in part 2 of appendix D
to this section.
(C) A physical examination directed to the pulmonary and
gastrointestinal systems, including a chest x-ray to be administered at
the discretion of the physician, and pulmonary function tests of forced
vital capacity (FVC) and forced expiratory volume at one second
(FEV(1)). Interpretation and classification of chest roentgenogram shall
be conducted in accordance with appendix E to this section.
(D) Any other examinations or tests deemed necessary by the
examining physician.
(3) Information provided to the physician. The employer shall
provide the following information to the examining physician:
(i) A copy of this standard and appendices D, E, and I to this
section;
[[Page 155]]
(ii) A description of the affected employee's duties as they relate
to the employee's exposure;
(iii) The employee's representative exposure level or anticipated
exposure level;
(iv) A description of any personal protective and respiratory
equipment used or to be used; and
(v) Information from previous medical examinations of the affected
employee that is not otherwise available to the examining physician.
(4) Physician's written opinion. (i) The employer shall obtain a
written opinion from the examining physician. This written opinion shall
contain the results of the medical examination and shall include:
(A) The physician's opinion as to whether the employee has any
detected medical conditions that would place the employee at an
increased risk of material health impairment from exposure to asbestos;
(B) Any recommended limitations on the employee or on the use of
personal protective equipment such as respirators; and
(C) A statement that the employee has been informed by the physician
of the results of the medical examination and of any medical conditions
that may result from asbestos exposure.
(D) A statement that the employee has been informed by the physician
of the increased risk of lung cancer attributable to the combined effect
of smoking and asbestos exposure.
(ii) The employer shall instruct the physician not to reveal in the
written opinion given to the employer specific findings or diagnoses
unrelated to occupational exposure to asbestos.
(iii) The employer shall provide a copy of the physician's written
opinion to the affected employee within 30 days from its receipt.
(n) Recordkeeping--(1) Objective data relied on pursuant to
paragraph (f) of this section. (i) Where the employer has relied on
objective data that demonstrates that products made from or containing
asbestos or the activity involving such products or material are not
capable of releasing fibers of asbestos in concentrations at or above
the permissible exposure limit and/or excursion limit under the expected
conditions of processing, use, or handling to satisfy the requirements
of paragraph (f) of this section, the employer shall establish and
maintain an accurate record of objective data reasonably relied upon in
support of the exemption.
(ii) The record shall include at least the following information:
(A) The product qualifying for exemption;
(B) The source of the objective data;
(C) The testing protocol, results of testing, and/or analysis of the
material for the release of asbestos;
(D) A description of the operation exempted and how the data support
the exemption; and
(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exemption.
(iii) The employer shall maintain this record for the duration of
the employer's reliance upon such objective data.
(2) Exposure measurements. (i) The employer shall keep an accurate
record of all measurements taken to monitor employee exposure to
asbestos as prescribed in paragraph (f) of this section. Note: The
employer may utilize the services of qualified organizations such as
industry trade associations and employee associations to maintain the
records required by this section.
(ii) This record shall include at least the following information:
(A) The date of measurement;
(B) The operation involving exposure to asbestos that is being
monitored;
(C) Sampling and analytical methods used and evidence of their
accuracy;
(D) Number, duration, and results of samples taken;
(E) Type of protective devices worn, if any; and
(F) Name, social security number, and exposure of the employees
whose exposures are represented.
(iii) The employer shall maintain this record for at least thirty
(30) years, in accordance with 29 CFR 1910.1020.
(3) Medical surveillance. (i) The employer shall establish and
maintain an accurate record for each employee subject to medical
surveillance by paragraph (m) of this section, in accordance with 29 CFR
1910.1020.
[[Page 156]]
(ii) The record shall include at least the following information:
(A) The name and social security number of the employee;
(B) A copy of the employee's medical examination results, including
the medical history, questionnaire responses, results of any tests, and
physician's recommendations.
(C) Physician's written opinions;
(D) Any employee medical complaints related to exposure to asbestos;
and
(E) A copy of the information provided to the physician as required
by paragraph (m) of this section.
(iii) The employer shall ensure that this record is maintained for
the duration of employment plus thirty (30) years, in accordance with 29
CFR 1910.1020.
(4) Training records. The employer shall maintain all employee
training records for one (1) year beyond the last date of employment by
that employer.
(5) Data to rebut PACM. (i) Where the building owner and employer
have relied on data to demonstrate that PACM is not asbestos-containing,
such data shall be maintained for as long as they are relied upon to
rebut the presumption.
(ii) [Reserved]
(6) Records of required notification. (i) Where the building/vessel
owner has communicated and received information concerning the identity,
location and quantity of ACM and PACM, written records of such
notifications and their content shall be maintained by the owner for the
duration of ownership and shall be transferred to successive owners of
such buildings/facilities/vessels.
(ii) [Reserved]
(7) Availability. (i) The employer, upon written request, shall make
all records required to be maintained by this section available to the
Assistant Secretary and the Director for examination and copying.
(ii) The employer, upon request, shall make any exposure records
required by paragraphs (f) and (n) of this section available for
examination and copying to affected employees, former employees,
designated representatives, and the Assistant Secretary, in accordance
with 29 CFR 1910.1020(a) through (e) and (g) through (i).
(iii) The employer, upon request, shall make employee medical
records required by paragraphs (m) and (n) of this section available for
examination and copying to the subject employee, anyone having the
specific written consent of the subject employee, and the Assistant
Secretary, in accordance with 29 CFR 1910.1020.
(8) Transfer of records. The employer shall comply with the
requirements concerning transfer of records set forth in 29 CFR
1910.1020(h).
(o) Qualified person--(1) General. On all shipyard worksites covered
by this standard, the employer shall designate a qualified person,
having the qualifications and authority for ensuring worker safety and
health required by subpart C, General Safety and Health Provisions for
Construction (29 CFR 1926.20 through 1926.32).
(2) Required inspections by the qualified person. Sec.
1926.20(b)(2) which requires health and safety prevention programs to
provide for frequent and regular inspections of the job sites,
materials, and equipment to be made by qualified persons, is
incorporated.
(3) Additional inspections. In addition, the qualified person shall
make frequent and regular inspections of the job sites, in order to
perform the duties set out in paragraph (o)(3)(i) of this section. For
Class I jobs, on-site inspections shall be made at least once during
each work shift, and at any time at employee request. For Class II, III
and IV jobs, on-site inspections shall be made at intervals sufficient
to assess whether conditions have changed, and at any reasonable time at
employee request.
(i) On all worksites where employees are engaged in Class I or II
asbestos work, the qualified person designated in accordance with
paragraph (e)(6) of this section shall perform or supervise the
following duties, as applicable:
(A) Set up the regulated area, enclosure, or other containment;
(B) Ensure (by on-site inspection) the integrity of the enclosure or
containment;
(C) Set up procedures to control entry to and exit from the
enclosure and/or area;
[[Page 157]]
(D) Supervise all employee exposure monitoring required by this
section and ensure that it is conducted as required by paragraph (f) of
this section;
(E) Ensure that employees working within the enclosure and/or using
glove bags wear respirators and protective clothing as required by
paragraphs (h) and (i) of this section;
(F) Ensure through on-site supervision, that employees set up, use,
and remove engineering controls, use work practices and personal
protective equipment in compliance with all requirements;
(G) Ensure that employees use the hygiene facilities and observe the
decontamination procedures specified in paragraph (j) of this section;
(H) Ensure that through on-site inspection, engineering controls are
functioning properly and employees are using proper work practices; and
(I) Ensure that notification requirements in paragraph (k) of this
section are met.
(4) Training for the competent person. (i) For Class I and II
asbestos work the qualified person shall be trained in all aspects of
asbestos removal and handling, including: Abatement, installation,
removal and handling; the contents of this standard; the identification
of asbestos; removal procedures, where appropriate; and other practices
for reducing the hazard. Such training shall be obtained in a
comprehensive course for supervisors, that meets the criteria of EPA's
Model Accreditation Plan (40 CFR part 763, subpart E, appendix C), such
as a course conducted by an EPA-approved or state-approved training
provider, certified by EPA or a state, or a course equivalent in
stringency, content, and length.
(ii) For Class III and IV asbestos work, the qualified person shall
be trained in aspects of asbestos handling appropriate for the nature of
the work, to include procedures for setting up glove bags and mini-
enclosures, practices for reducing asbestos exposures, use of wet
methods, the contents of this standard, and the identification of
asbestos. Such training shall include successful completion of a course
that is consistent with EPA requirements for training of local education
agency maintenance and custodial staff as set forth at 40 CFR
763.92(a)(2), or its equivalent in stringency, content, and length.
Qualified persons for Class III and Class IV work may also be trained
pursuant to the requirements of paragraph (o)(4)(i) of this section.
(p) Appendices. (1) Appendices A, C, D, and E to this section are
incorporated as part of this section and the contents of these
appendices are mandatory.
(2) Appendices B, F, H, I, J, and K to this section are
informational and are not intended to create any additional obligations
not otherwise imposed or to detract from any existing obligations.
Appendix A to Sec. 1915.1001--OSHA Reference Method (Mandatory)
This mandatory appendix specifies the procedure for analyzing air
samples for asbestos, and specifies quality control procedures that must
be implemented by laboratories performing the analysis. The sampling and
analytical methods described below represent the elements of the
available monitoring methods (such as appendix B to this section, the
most current version of the OSHA method ID-160, or the most current
version of the NIOSH Method 7400) which OSHA considers to be essential
to achieve adequate employee exposure monitoring while allowing
employers to use methods that are already established within their
organizations. All employers who are required to conduct air monitoring
under paragraph (f) of this section are required to utilize analytical
laboratories that use this procedure, or an equivalent method, for
collecting and analyzing samples.
Sampling and Analytical Procedure
1. The sampling medium for air samples shall be mixed cellulose
ester filter membranes. These shall be designated by the manufacturer as
suitable for asbestos counting. See below for rejection of blanks.
2. The preferred collection device shall be the 25-mm diameter
cassette with an open-faced 50-mm extension cowl. The 37-mm cassette may
be used if necessary but only if written justification for the need to
use the 37-mm filter cassette accompanies the sample results in the
employee's exposure monitoring record. Other cassettes such as the Bell-
mouth may be used within the limits of their validation. Do not reuse or
reload cassettes for asbestos sample collection.
3. An air flow rate between 0.5 liter/min and 5 liters/min shall be
selected for the 25-mm cassette. If the 37-mm cassette is used, an air
flow rate between 1 liter/min and 5 liters/min shall be selected.
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4. Where possible, a sufficient air volume for each air sample shall
be collected to yield between 100 and 1,300 fibers per square millimeter
on the membrane filter. If a filter darkens in appearance or if loose
dust is seen on the filter, a second sample shall be started.
5. Ship the samples in a rigid container with sufficient packing
material to prevent dislodging the collected fibers. Packing material
that has a high electrostatic charge on its surface (e.g., expanded
polystyrene) cannot be used because such material can cause loss of
fibers to the sides of the cassette.
6. Calibrate each personal sampling pump before and after use with a
representative filter cassette installed between the pump and the
calibration devices.
7. Personal samples shall be taken in the ``breathing zone'' of the
employee (i.e., attached to or near the collar or lapel near the
worker's face).
8. Fiber counts shall be made by positive phase contrast using a
microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a
total magnification of approximately 400 X and a numerical aperture of
0.65 to 0.75. The microscope shall also be fitted with a green or blue
filter.
9. The microscope shall be fitted with a Walton-Beckett eyepiece
graticule calibrated for a field diameter of 100 micrometers (2 micrometers).
10. The phase-shift detection limit of the microscope shall be about
3 degrees measured using the HSE phase shift test slide as outlined
below.
a. Place the test slide on the microscope stage and center it under
the phase objective.
b. Bring the blocks of grooved lines into focus.
Note: The slide consists of seven sets of grooved lines (ca. 20
grooves to each block) in descending order of visibility from sets 1 to
7, seven being the least visible. The requirements for asbestos,
tremolite, anthophyllite, and actinolite counting are that the
microscope optics must resolve the grooved lines in set 3 completely,
although they may appear somewhat faint, and that the grooved lines in
sets 6 and 7 must be invisible. Sets 4 and 5 must be at least partially
visible but may vary slightly in visibility between microscopes. A
microscope that fails to meet these requirements has either too low or
too high a resolution to be used for asbestos, tremolite, anthophyllite,
and actinolite counting.
c. If the image deteriorates, clean and adjust the microscope
optics. If the problem persists, consult the microscope manufacturer.
11. Each set of samples taken will include 10% field blanks or a
minimum of 2 field blanks. These blanks must come from the same lot as
the filters used for sample collection. The field blank results shall be
averaged and subtracted from the analytical results before reporting. A
set consists of any sample or group of samples for which an evaluation
for this standard must be made. Any samples represented by a field blank
having a fiber count in excess of the detection limit of the method
being used shall be rejected.
12. The samples shall be mounted by the acetone/triacetin method or
a method with an equivalent index of refraction and similar clarity.
13. Observe the following counting rules.
a. Count only fibers equal to or longer than 5 micrometers. Measure
the length of curved fibers along the curve.
b. In the absence of other information, count all particles as
asbestos that have a length-to-width ratio (aspect ratio) of 3 to 1 or
greater.
c. Fibers lying entirely within the boundary of the Walton-Beckett
graticule field shall receive a count of 1. Fibers crossing the boundary
once, having one end within the circle, shall receive the count of one
half (\1/2\). Do not count any fiber that crosses the graticule boundary
more than once. Reject and do not count any other fibers even though
they may be visible outside the graticule area.
d. Count bundles of fibers as one fiber unless individual fibers can
be identified by observing both ends of an individual fiber.
e. Count enough graticule fields to yield 100 fibers. Count a
minimum of 20 fields; stop counting at 100 fields regardless of fiber
count.
14. Blind recounts shall be conducted at the rate of 10 percent.
Quality Control Procedures
1. Intra-laboratory program. Each laboratory and/or each company
with more than one microscopist counting slides shall establish a
statistically designed quality assurance program involving blind
recounts and comparisons between microscopists to monitor the
variability of counting by each microscopist and between microscopists.
In a company with more than one laboratory, the program shall include
all laboratories and shall also evaluate the laboratory-to-laboratory
variability.
2. a. Interlaboratory program. Each laboratory analyzing asbestos,
tremolite, anthophyllite, and actinolite samples for compliance
determination shall implement an interlaboratory quality assurance
program that as a minimum includes participation of at least two other
independent laboratories. Each laboratory shall participate in round
robin testing at least once every 6 months with at least all the other
laboratories in its interlaboratory quality assurance group. Each
laboratory shall submit
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slides typical of its own work load for use in this program. The round
robin shall be designed and results analyzed using appropriate
statistical methodology.
b. All laboratories should participate in a national sample testing
scheme such as the Proficiency Analytical Testing Program (PAT), the
Asbestos Registry sponsored by the American Industrial Hygiene
Association (AIHA).
3. All individuals performing asbestos, tremolite, anthophyllite,
and actinolite analysis must have taken the NIOSH course for sampling
and evaluating airborne asbestos, tremolite, anthophyllite, and
actinolite dust or an equivalent course.
4. When the use of different microscopes contributes to differences
between counters and laboratories, the effect of the different
microscope shall be evaluated and the microscope shall be replaced, as
necessary.
5. Current results of these quality assurance programs shall be
posted in each laboratory to keep the microscopists informed.
Appendix B to Sec. 1915.1001--Detailed Procedures for Asbestos Sampling
and Analysis (Non-mandatory)
------------------------------------------------------------------------
------------------------------------------------------------------------
Matrix: Air
OSHA Permissible Exposure Limits:
Time Weighted Average............... 0.1 fiber/cc
Excursion Level (30 minutes)........ 1.0 fiber/cc
Collection Procedure:
A known volume of air is drawn through a 25-mm diameter cassette
containing a mixed-cellulose ester filter. The cassette must be equipped
with an electrically conductive 50-mm extension cowl. The sampling time
and rate are chosen to give a fiber density of between 100 to 1,300
fibers/mm\2\ on the filter.
Recommended Sampling Rate............... 0.5 to 5.0 liters/minute (L/
min)
Recommended Air Volumes:
Minimum............................. 25 L
Maximum............................. 2,400 L
------------------------------------------------------------------------
Analytical Procedure: A portion of the sample filter is cleared and
prepared for asbestos fiber counting by Phase Contrast Microscopy (PCM)
at 400X.
Commercial manufacturers and products mentioned in this method are
for descriptive use only and do not constitute endorsements by USDOL-
OSHA. Similar products from other sources can be substituted.
1. Introduction
This method describes the collection of airborne asbestos fibers
using calibrated sampling pumps with mixed-cellulose ester (MCE) filters
and analysis by phase contrast microscopy (PCM). Some terms used are
unique to this method and are defined below: Asbestos: A term for
naturally occurring fibrous minerals. Asbestos includes chrysotile,
crocidolite, amosite (cummingtonite-grunerite asbestos), tremolite
asbestos, actinolite asbestos, anthophyllite asbestos, and any of these
minerals that have been chemically treated and/or altered. The precise
chemical formulation of each species will vary with the location from
which it was mined. Nominal compositions are listed:
Chrysotile................................ Mg3Si2O5(OH)4
Crocidolite............................... Na2Fe32+Fe23+Si8O22(OH)2
Amosite................................... (Mg,Fe)7Si8O22(OH)2
Tremolite-actinolite...................... Ca2(Mg,Fe)5Si8O22(OH)2
Anthophyllite............................. (Mg,Fe)7Si8O22(OH)2
Asbestos Fiber: A fiber of asbestos which meets the criteria
specified below for a fiber.
Aspect Ratio: The ratio of the length of a fiber to it's diameter
(e.g. 3:1, 5:1 aspect ratios).
Cleavage Fragments: Mineral particles formed by comminution of
minerals, especially those characterized by parallel sides and a
moderate aspect ratio (usually less than 20:1).
Detection Limit: The number of fibers necessary to be 95% certain
that the result is greater than zero.
Differential Counting: The term applied to the practice of excluding
certain kinds of fibers from the fiber count because they do not appear
to be asbestos.
Fiber: A particle that is 5 [micro]m or longer, with a length-to-
width ratio of 3 to 1 or longer.
Field: The area within the graticule circle that is superimposed on
the microscope image.
Set: The samples which are taken, submitted to the laboratory,
analyzed, and for which, interim or final result reports are generated.
Tremolite, Anthophyllite, and Actinolite: The non-asbestos form of
these minerals which meet the definition of a fiber. It includes any of
these minerals that have been chemically treated and/or altered.
Walton-Beckett Graticule: An eyepiece graticule specifically
designed for asbestos fiber counting. It consists of a circle with a
projected diameter of 100 2 [micro]m (area of
about 0.00785 mm\2\) with a crosshair having tic-marks at 3-[micro]m
intervals in one direction and
[[Page 160]]
5-[micro]m in the orthogonal direction. There are marks around the
periphery of the circle to demonstrate the proper sizes and shapes of
fibers. This design is reproduced in figure 1. The disk is placed in one
of the microscope eyepieces so that the design is superimposed on the
field of view.
1.1. History
Early surveys to determine asbestos exposures were conducted using
impinger counts of total dust with the counts expressed as million
particles per cubic foot. The British Asbestos Research Council
recommended filter membrane counting in 1969. In July 1969, the Bureau
of Occupational Safety and Health published a filter membrane method for
counting asbestos fibers in the United States. This method was refined
by NIOSH and published as P & CAM 239. On May 29, 1971, OSHA specified
filter membrane sampling with phase contrast counting for evaluation of
asbestos exposures at work sites in the United States. The use of this
technique was again required by OSHA in 1986. Phase contrast microscopy
has continued to be the method of choice for the measurement of
occupational exposure to asbestos.
1.2. Principle
Air is drawn through a MCE filter to capture airborne asbestos
fibers. A wedge shaped portion of the filter is removed, placed on a
glass microscope slide and made transparent. A measured area (field) is
viewed by PCM. All the fibers meeting defined criteria for asbestos are
counted and considered a measure of the airborne asbestos concentration.
1.3. Advantages and Disadvantages
There are four main advantages of PCM over other methods:
(1) The technique is specific for fibers. Phase contrast is a fiber
counting technique which excludes non-fibrous particles from the
analysis.
(2) The technique is inexpensive and does not require specialized
knowledge to carry out the analysis for total fiber counts.
(3) The analysis is quick and can be performed on-site for rapid
determination of air concentrations of asbestos fibers.
(4) The technique has continuity with historical epidemiological
studies so that estimates of expected disease can be inferred from long-
term determinations of asbestos exposures.
The main disadvantage of PCM is that it does not positively identify
asbestos fibers. Other fibers which are not asbestos may be included in
the count unless differential counting is performed. This requires a
great deal of experience to adequately differentiate asbestos from non-
asbestos fibers. Positive identification of asbestos must be performed
by polarized light or electron microscopy techniques. A further
disadvantage of PCM is that the smallest visible fibers are about 0.2
[micro]m in diameter while the finest asbestos fibers may be as small as
0.02 [micro]m in diameter. For some exposures, substantially more fibers
may be present than are actually counted.
1.4. Workplace Exposure
Asbestos is used by the construction industry in such products as
shingles, floor tiles, asbestos cement, roofing felts, insulation and
acoustical products. Non-construction uses include brakes, clutch
facings, paper, paints, plastics, and fabrics. One of the most
significant exposures in the workplace is the removal and encapsulation
of asbestos in schools, public buildings, and homes. Many workers have
the potential to be exposed to asbestos during these operations.
About 95% of the asbestos in commercial use in the United States is
chrysotile. Crocidolite and amosite make up most of the remainder.
Anthophyllite and tremolite or actinolite are likely to be encountered
as contaminants in various industrial products.
1.5. Physical Properties
Asbestos fiber possesses a high tensile strength along its axis, is
chemically inert, non-combustible, and heat resistant. It has a high
electrical resistance and good sound absorbing properties. It can be
weaved into cables, fabrics or other textiles, and also matted into
asbestos papers, felts, or mats.
2. Range and Detection Limit
2.1. The ideal counting range on the filter is 100 to 1,300 fibers/
mm\2\. With a Walton-Beckett graticule this range is equivalent to 0.8
to 10 fibers/field. Using NIOSH counting statistics, a count of 0.8
fibers/field would give an approximate coefficient of variation (CV) of
0.13.
2.2. The detection limit for this method is 4.0 fibers per 100
fields or 5.5 fibers/mm\2\. This was determined using an equation to
estimate the maximum CV possible at a specific concentration (95%
confidence) and a Lower Control Limit of zero. The CV value was then
used to determine a corresponding concentration from historical CV vs
fiber relationships. As an example:
Lower Control Limit (95% Confidence) = AC--1.645(CV)(AC)
Where:
AC = Estimate of the airborne fiber concentration (fibers/cc) Setting
the Lower Control Limit = 0 and solving for CV:
0 = AC--1.645(CV)(AC)
CV = 0.61
This value was compared with CV vs. count curves. The count at which
CV = 0.61 for Leidel-Busch counting statistics (8.9.) or for an OSHA
Salt Lake Technical Center
[[Page 161]]
(OSHA-SLTC) CV curve (see appendix A for further information) was 4.4
fibers or 3.9 fibers per 100 fields, respectively. Although a lower
detection limit of 4 fibers per 100 fields is supported by the OSHA-SLTC
data, both data sets support the 4.5 fibers per 100 fields value.
3. Method Performance--Precision and Accuracy
Precision is dependent upon the total number of fibers counted and
the uniformity of the fiber distribution on the filter. A general rule
is to count at least 20 and not more than 100 fields. The count is
discontinued when 100 fibers are counted, provided that 20 fields have
already been counted. Counting more than 100 fibers results in only a
small gain in precision. As the total count drops below 10 fibers, an
accelerated loss of precision is noted.
At this time, there is no known method to determine the absolute
accuracy of the asbestos analysis. Results of samples prepared through
the Proficiency Analytical Testing (PAT) Program and analyzed by the
OSHA-SLTC showed no significant bias when compared to PAT reference
values. The PAT samples were analyzed from 1987 to 1989 (N=36) and the
concentration range was from 120 to 1,300 fibers/mm\2\.
4. Interferences
Fibrous substances, if present, may interfere with asbestos
analysis.
Some common fibers are:
fiberglass
anhydrate
plant fibers
perlite veins
gypsum
some synthetic fibers
membrane structures
sponge spicules
diatoms
microorganism
wollastonite
The use of electron microscopy or optical tests such as polarized
light, and dispersion staining may be used to differentiate these
materials from asbestos when necessary.
5. Sampling
5.1. Equipment
5.1.1. Sample assembly (The assembly is shown in figure 3).
Conductive filter holder consisting of a 25-mm diameter, 3-piece
cassette having a 50-mm long electrically conductive extension cowl.
Backup pad, 25-mm, cellulose. Membrane filter, mixed-cellulose ester
(MCE), 25-mm, plain, white, 0.4 to 1.2-[micro]m pore size.
Notes: (a) DO NOT RE-USE CASSETTES.
(b) Fully conductive cassettes are required to reduce fiber loss to
the sides of the cassette due to electrostatic attraction.
(c) Purchase filters which have been selected by the manufacturer
for asbestos counting or analyze representative filters for fiber
background before use. Discard the filter lot if more than 4 fibers/100
fields are found.
(d) To decrease the possibility of contamination, the sampling
system (filter-backup pad-cassette) for asbestos is usually preassembled
by the manufacturer.
(e) Other cassettes, such as the Bell-mouth, may be used within the
limits of their validation.
5.1.2. Gel bands for sealing cassettes.
5.1.3. Sampling pump.
Each pump must be a battery operated, self-contained unit small
enough to be placed on the monitored employee and not interfere with the
work being performed. The pump must be capable of sampling at the
collection rate for the required sampling time.
5.1.4. Flexible tubing, 6-mm bore.
5.1.5. Pump calibration.
Stopwatch and bubble tube/burette or electronic meter.
5.2. Sampling Procedure
5.2.1. Seal the point where the base and cowl of each cassette meet
with a gel band or tape.
5.2.2. Charge the pumps completely before beginning.
5.2.3. Connect each pump to a calibration cassette with an
appropriate length of 6-mm bore plastic tubing. Do not use luer
connectors--the type of cassette specified above has built-in adapters.
5.2.4. Select an appropriate flow rate for the situation being
monitored. The sampling flow rate must be between 0.5 and 5.0 L/min for
personal sampling and is commonly set between 1 and 2 L/min. Always
choose a flow rate that will not produce overloaded filters.
5.2.5. Calibrate each sampling pump before and after sampling with a
calibration cassette in-line (Note: This calibration cassette should be
from the same lot of cassettes used for sampling). Use a primary
standard (e.g. bubble burette) to calibrate each pump. If possible,
calibrate at the sampling site.
Note: If sampling site calibration is not possible, environmental
influences may affect the flow rate. The extent is dependent on the type
of pump used. Consult with the pump manufacturer to determine dependence
on environmental influences. If the pump is affected by temperature and
pressure changes, correct the flow rate by using the formula shown in
the section ``Sampling Pump Flow Rate Corrections'' at the end of this
appendix.
5.2.6. Connect each pump to the base of each sampling cassette with
flexible tubing.
[[Page 162]]
Remove the end cap of each cassette and take each air sample open face.
Assure that each sample cassette is held open side down in the
employee's breathing zone during sampling. The distance from the nose/
mouth of the employee to the cassette should be about 10 cm. Secure the
cassette on the collar or lapel of the employee using spring clips or
other similar devices.
5.2.7. A suggested minimum air volume when sampling to determine TWA
compliance is 25 L. For Excursion Limit (30 min sampling time)
evaluations, a minimum air volume of 48 L is recommended.
5.2.8. The most significant problem when sampling for asbestos is
overloading the filter with non-asbestos dust. Suggested maximum air
sample volumes for specific environments are:
------------------------------------------------------------------------
Environment Air vol. (L)
------------------------------------------------------------------------
Asbestos removal operations (visible dust).. 100
Asbestos removal operations (little dust)... 240
Office environments......................... 400 to 2,400
------------------------------------------------------------------------
Caution: Do not overload the filter with dust. High levels of non-
fibrous dust particles may obscure fibers on the filter and lower the
count or make counting impossible. If more than about 25 to 30% of the
field area is obscured with dust, the result may be biased low. Smaller
air volumes may be necessary when there is excessive non-asbestos dust
in the air.
While sampling, observe the filter with a small flashlight. If there
is a visible layer of dust on the filter, stop sampling, remove and seal
the cassette, and replace with a new sampling assembly. The total dust
loading should not exceed 1 mg.
5.2.9. Blank samples are used to determine if any contamination has
occurred during sample handling. Prepare two blanks for the first 1 to
20 samples. For sets containing greater than 20 samples, prepare blanks
as 10% of the samples. Handle blank samples in the same manner as air
samples with one exception: Do not draw any air through the blank
samples. Open the blank cassette in the place where the sample cassettes
are mounted on the employee. Hold it open for about 30 seconds. Close
and seal the cassette appropriately. Store blanks for shipment with the
sample cassettes.
5.2.10. Immediately after sampling, close and seal each cassette
with the base and plastic plugs. Do not touch or puncture the filter
membrane as this will invalidate the analysis.
5.2.11 Attach and secure a sample seal around each sample cassette
in such a way as to assure that the end cap and base plugs cannot be
removed without destroying the seal. Tape the ends of the seal together
since the seal is not long enough to be wrapped end-to-end. Also wrap
tape around the cassette at each joint to keep the seal secure.
5.3. Sample Shipment
5.3.1. Send the samples to the laboratory with paperwork requesting
asbestos analysis. List any known fibrous interferences present during
sampling on the paperwork. Also, note the workplace operation(s)
sampled.
5.3.2. Secure and handle the samples in such that they will not
rattle during shipment nor be exposed to static electricity. Do not ship
samples in expanded polystyrene peanuts, vermiculite, paper shreds, or
excelsior. Tape sample cassettes to sheet bubbles and place in a
container that will cushion the samples in such a manner that they will
not rattle.
5.3.3. To avoid the possibility of sample contamination, always ship
bulk samples in separate mailing containers.
6. Analysis
6.1. Safety Precautions
6.1.1. Acetone is extremely flammable and precautions must be taken
not to ignite it. Avoid using large containers or quantities of acetone.
Transfer the solvent in a ventilated laboratory hood. Do not use acetone
near any open flame. For generation of acetone vapor, use a spark free
heat source.
6.1.2. Any asbestos spills should be cleaned up immediately to
prevent dispersal of fibers. Prudence should be exercised to avoid
contamination of laboratory facilities or exposure of personnel to
asbestos. Asbestos spills should be cleaned up with wet methods and/or a
High Efficiency Particulate-Air (HEPA) filtered vacuum.
Caution: Do not use a vacuum without a HEPA filter--It will disperse
fine asbestos fibers in the air.
6.2. Equipment
6.2.1. Phase contrast microscope with binocular or trinocular head.
6.2.2. Widefield or Huygenian 10X eyepieces (NOTE: The eyepiece
containing the graticule must be a focusing eyepiece. Use a 40X phase
objective with a numerical aperture of 0.65 to 0.75).
6.2.3. Kohler illumination (if possible) with green or blue filter.
6.2.4. Walton-Beckett Graticule, type G-22 with 100 2 [micro]m projected diameter.
6.2.5. Mechanical stage. A rotating mechanical stage is convenient
for use with polarized light.
6.2.6. Phase telescope.
6.2.7. Stage micrometer with 0.01-mm subdivisions.
6.2.8. Phase-shift test slide, mark II (Available from PTR optics
Ltd., and also McCrone).
[[Page 163]]
6.2.9. Precleaned glass slides, 25 mmx75 mm. One end can be frosted
for convenience in writing sample numbers, etc., or paste-on labels can
be used.
6.2.10. Cover glass 1\1/2\.
6.2.11. Scalpel (10, curved blade).
6.2.12. Fine tipped forceps.
6.2.13. Aluminum block for clearing filter (see appendix D and
figure 4).
6.2.14. Automatic adjustable pipette, 100- to 500-[micro]L.
6.2.15. Micropipette, 5 [micro]L.
6.3. Reagents
6.3.1. Acetone (HPLC grade).
6.3.2. Triacetin (glycerol triacetate).
6.3.3. Lacquer or nail polish.
6.4. Standard Preparation
A way to prepare standard asbestos samples of known concentration
has not been developed. It is possible to prepare replicate samples of
nearly equal concentration. This has been performed through the PAT
program. These asbestos samples are distributed by the AIHA to
participating laboratories.
Since only about one-fourth of a 25-mm sample membrane is required
for an asbestos count, any PAT sample can serve as a ``standard'' for
replicate counting.
6.5. Sample Mounting
Note: See Safety Precautions in Section 6.1. before proceeding. The
objective is to produce samples with a smooth (non-grainy) background in
a medium with a refractive index of approximately 1.46. The technique
below collapses the filter for easier focusing and produces permanent
mounts which are useful for quality control and interlaboratory
comparison.
An aluminum block or similar device is required for sample
preparation.
6.5.1. Heat the aluminum block to about 70 [deg]C. The hot block
should not be used on any surface that can be damaged by either the heat
or from exposure to acetone.
6.5.2. Ensure that the glass slides and cover glasses are free of
dust and fibers.
6.5.3. Remove the top plug to prevent a vacuum when the cassette is
opened. Clean the outside of the cassette if necessary. Cut the seal
and/or tape on the cassette with a razor blade. Very carefully separate
the base from the extension cowl, leaving the filter and backup pad in
the base.
6.5.4. With a rocking motion cut a triangular wedge from the filter
using the scalpel. This wedge should be one-sixth to one-fourth of the
filter. Grasp the filter wedge with the forceps on the perimeter of the
filter which was clamped between the cassette pieces. DO NOT TOUCH the
filter with your finger. Place the filter on the glass slide sample side
up. Static electricity will usually keep the filter on the slide until
it is cleared.
6.5.5. Place the tip of the micropipette containing about 200
[micro]L acetone into the aluminum block. Insert the glass slide into
the receiving slot in the aluminum block. Inject the acetone into the
block with slow, steady pressure on the plunger while holding the
pipette firmly in place. Wait 3 to 5 seconds for the filter to clear,
then remove the pipette and slide from the aluminum block.
6.5.6. Immediately (less than 30 seconds) place 2.5 to 3.5 [micro]L
of triacetin on the filter (Note: Waiting longer than 30 seconds will
result in increased index of refraction and decreased contrast between
the fibers and the preparation. This may also lead to separation of the
cover slip from the slide).
6.5.7. Lower a cover slip gently onto the filter at a slight angle
to reduce the possibility of forming air bubbles. If more than 30
seconds have elapsed between acetone exposure and triacetin application,
glue the edges of the cover slip to the slide with lacquer or nail
polish.
6.5.8. If clearing is slow, warm the slide for 15 min on a hot plate
having a surface temperature of about 50 [deg]C to hasten clearing. The
top of the hot block can be used if the slide is not heated too long.
6.5.9. Counting may proceed immediately after clearing and mounting
are completed.
6.6. Sample Analysis
Completely align the microscope according to the manufacturer's
instructions. Then, align the microscope using the following general
alignment routine at the beginning of every counting session and more
often if necessary.
6.6.1. Alignment
(1) Clean all optical surfaces. Even a small amount of dirt can
significantly degrade the image.
(2) Rough focus the objective on a sample.
(3) Close down the field iris so that it is visible in the field of
view. Focus the image of the iris with the condenser focus. Center the
image of the iris in the field of view.
(4) Install the phase telescope and focus on the phase rings.
Critically center the rings. Misalignment of the rings results in
astigmatism which will degrade the image.
(5) Place the phase-shift test slide on the microscope stage and
focus on the lines. The analyst must see line set 3 and should see at
least parts of 4 and 5 but, not see line set 6 or 6. A microscope/
microscopist combination which does not pass this test may not be used.
6.6.2. Counting Fibers
(1) Place the prepared sample slide on the mechanical stage of the
microscope. Position
[[Page 164]]
the center of the wedge under the objective lens and focus upon the
sample.
(2) Start counting from one end of the wedge and progress along a
radial line to the other end (count in either direction from perimeter
to wedge tip). Select fields randomly, without looking into the
eyepieces, by slightly advancing the slide in one direction with the
mechanical stage control.
(3) Continually scan over a range of focal planes (generally the
upper 10 to 15 [micro]m of the filter surface) with the fine focus
control during each field count. Spend at least 5 to 15 seconds per
field.
(4) Most samples will contain asbestos fibers with fiber diameters
less than 1 [micro]m. Look carefully for faint fiber images. The small
diameter fibers will be very hard to see. However, they are an important
contribution to the total count.
(5) Count only fibers equal to or longer than 5 [micro]m. Measure
the length of curved fibers along the curve.
(6) Count fibers which have a length to width ratio of 3:1 or
greater.
(7) Count all the fibers in at least 20 fields. Continue counting
until either 100 fibers are counted or 100 fields have been viewed;
whichever occurs first. Count all the fibers in the final field.
(8) Fibers lying entirely within the boundary of the Walton-Beckett
graticule field shall receive a count of 1. Fibers crossing the boundary
once, having one end within the circle shall receive a count of \1/2\.
Do not count any fiber that crosses the graticule boundary more than
once. Reject and do not count any other fibers even though they may be
visible outside the graticule area. If a fiber touches the circle, it is
considered to cross the line.
(9) Count bundles of fibers as one fiber unless individual fibers
can be clearly identified and each individual fiber is clearly not
connected to another counted fiber. See figure 1 for counting
conventions.
(10) Record the number of fibers in each field in a consistent way
such that filter non-uniformity can be assessed.
(11) Regularly check phase ring alignment.
(12) When an agglomerate (mass of material) covers more than 25% of
the field of view, reject the field and select another. Do not include
it in the number of fields counted.
(13) Perform a ``blind recount'' of 1 in every 10 filter wedges
(slides). Re-label the slides using a person other than the original
counter.
6.7. Fiber Identification
As previously mentioned in Section 1.3., PCM does not provide
positive confirmation of asbestos fibers. Alternate differential
counting techniques should be used if discrimination is desirable.
Differential counting may include primary discrimination based on
morphology, polarized light analysis of fibers, or modification of PCM
data by Scanning Electron or Transmission Electron Microscopy.
A great deal of experience is required to routinely and correctly
perform differential counting. It is discouraged unless it is legally
necessary. Then, only if a fiber is obviously not asbestos should it be
excluded from the count. Further discussion of this technique can be
found in reference 8.10.
If there is a question whether a fiber is asbestos or not, follow
the rule:
``WHEN IN DOUBT, COUNT.''
6.8. Analytical Recommendations--Quality Control System
6.8.1. All individuals performing asbestos analysis must have taken
the NIOSH course for sampling and evaluating airborne asbestos or an
equivalent course.
6.8.2. Each laboratory engaged in asbestos counting shall set up a
slide trading arrangement with at least two other laboratories in order
to compare performance and eliminate inbreeding of error. The slide
exchange occurs at least semiannually. The round robin results shall be
posted where all analysts can view individual analyst's results.
6.8.3. Each laboratory engaged in asbestos counting shall
participate in the Proficiency Analytical Testing Program, the Asbestos
Analyst Registry or equivalent.
6.8.4. Each analyst shall select and count prepared slides from a
``slide bank''. These are quality assurance counts. The slide bank shall
be prepared using uniformly distributed samples taken from the workload.
Fiber densities should cover the entire range routinely analyzed by the
laboratory. These slides are counted blind by all counters to establish
an original standard deviation. This historical distribution is compared
with the quality assurance counts. A counter must have 95% of all
quality control samples counted within three standard deviations of the
historical mean. This count is then integrated into a new historical
mean and standard deviation for the slide.
The analyses done by the counters to establish the slide bank may be
used for an interim quality control program if the data are treated in a
proper statistical fashion.
7. Calculations
7.1. Calculate the estimated airborne asbestos fiber concentration
on the filter sample using the following formula:
[GRAPHIC] [TIFF OMITTED] TR10AU94.027
Where:
[[Page 165]]
AC = Airborne fiber concentration
FB = Total number of fibers greater than 5 [micro]m counted
FL = Total number of fields counted on the filter
BFB = Total number of fibers greater than 5 [micro]m counted in the
blank
BFL = Total number of fields counted on the blank
ECA = Effective collecting area of filter (385 mm\2\ nominal for a 25-mm
filter.)
FR = Pump flow rate (L/min)
MFA = Microscope count field area (mm\2\ ). This is 0.00785 mm\2\ for a
Walton-Beckett Graticule.
T = Sample collection time (min)
1,000 = Conversion of L to cc
Note: The collection area of a filter is seldom equal to 385 mm\2\.
It is appropriate for laboratories to routinely monitor the exact
diameter using an inside micrometer. The collection area is calculated
according to the formula:
Area = [pi](d/2) \2\
7.2. Short-cut Calculation
Since a given analyst always has the same interpupillary distance,
the number of fields per filter for a particular analyst will remain
constant for a given size filter. The field size for that analyst is
constant (i.e. the analyst is using an assigned microscope and is not
changing the reticle).
For example, if the exposed area of the filter is always 385 mm\2\
and the size of the field is always 0.00785 mm\2\, the number of fields
per filter will always be 49,000. In addition it is necessary to convert
liters of air to cc. These three constants can then be combined such
that ECA/(1,000xMFA) = 49. The previous equation simplifies to:
[GRAPHIC] [TIFF OMITTED] TR10AU94.028
7.3. Recount Calculations
As mentioned in step 13 of Section 6.6.2., a ``blind recount'' of
10% of the slides is performed. In all cases, differences will be
observed between the first and second counts of the same filter wedge.
Most of these differences will be due to chance alone, that is, due to
the random variability (precision) of the count method. Statistical
recount criteria enables one to decide whether observed differences can
be explained due to chance alone or are probably due to systematic
differences between analysts, microscopes, or other biasing factors.
The following recount criterion is for a pair of counts that
estimate AC in fibers/cc. The criterion is given at the type-I error
level. That is, there is 5% maximum risk that we will reject a pair of
counts for the reason that one might be biased, when the large observed
difference is really due to chance.
Reject a pair of counts if:
[GRAPHIC] [TIFF OMITTED] TR29JN95.001
Where:
AC1 = lower estimated airborne fiber concentration
AC2 = higher estimated airborne fiber concentration
ACavg = average of the two concentration estimates
CVFB = CV for the average of the two concentration estimates
If a pair of counts are rejected by this criterion then, recount the
rest of the filters in the submitted set. Apply the test and reject any
other pairs failing the test. Rejection shall include a memo to the
industrial hygienist stating that the sample failed a statistical test
for homogeneity and the true air concentration may be significantly
different than the reported value.
7.4. Reporting Results
Report results to the industrial hygienist as fibers/cc. Use two
significant figures. If multiple analyses are performed on a sample, an
average of the results is to be reported unless any of the results can
be rejected for cause.
8. References
8.1. Dreesen, W.C., et al, U.S. Public Health Service: A Study of
Asbestosis in the Asbestos Textile Industry, (Public Health Bulletin No.
241), US Treasury Dept., Washington, DC, 1938.
8.2. Asbestos Research Council: The Measurement of Airborne Asbestos
Dust by the Membrane Filter Method (Technical Note), Asbestos Research
Council, Rockdale, Lancashire, Great Britain, 1969.
8.3. Bayer, S.G., Zumwalde, R.D., Brown, T.A., Equipment and
Procedure for Mounting Millipore Filters and Counting Asbestos Fibers by
Phase Contrast Microscopy, Bureau of Occupational Health, U.S. Dept. of
Health, Education and Welfare, Cincinnati,OH,1969.
8.4. NIOSH Manual of Analytical Methods, 2nd ed., Vol. 1 (DHEW/NIOSH
Pub. No. 77-157-A). National Institute for Occupational Safety and
Health, Cincinnati, OH, 1977.pp.239-1-239-21.
8.5. Asbestos, Code of Federal Regulations 29 CFR 1910.1001. 1971.
8.6. Occupational Exposure to Asbestos, Tremolite, Anthophyllite,
and Actinolite. Final
[[Page 166]]
Rule, Federal Register 51: 119 (20 June 1986). pp.22612-22790.
8.7. Asbestos, Tremolite, Anthophyllite, and Actinolite, Code of
Federal Regulations 1910.1001. 1988. pp 711-752.
8.8. Criteria for a Recommended Standard--Occupational Exposure to
Asbestos (DHEW/NIOSH Pub. No. HSM 72-10267), National Institute for
Occupational Safety and Health NIOSH, Cincinnati, OH, 1972. pp. III-1-
III-24.
8.9. Leidel, N.A., Bayer, S.G., Zumwalde, R.D., Busch, K.A., USPHS/
NIOSH Membrane Filter Method for Evaluating Airborne Asbestos Fibers
(DHEW/NIOSH Pub. No. 79-127). National Institute for Occupational Safety
and Health, Cincinnati, OH, 1979.
8.10. Dixon, W.C., Applications of Optical Microscopy in Analysis of
Asbestos and Quartz, Analytical Techniques in Occupational Health
Chemistry, edited by D.D. Dollberg and A.W. Verstuyft. Wash. D.C.:
American Chemical Society, (ACS Symposium Series 120) 1980. pp. 13-41.
Quality Control
The OSHA asbestos regulations require each laboratory to establish a
quality control program. The following is presented as an example of how
the OSHA-SLTC constructed its internal CV curve as part of meeting this
requirement. Data is from 395 samples collected during OSHA compliance
inspections and analyzed from October 1980 through April 1986.
Each sample was counted by 2 to 5 different counters independently
of one another. The standard deviation and the CV statistic was
calculated for each sample. This data was then plotted on a graph of CV
vs. fibers/mm\2\. A least squares regression was performed using the
following equation:
CV = antilog10[A(log10(x))\2\+B(log10(x))
+C]
Where:
x = the number of fibers/mm\2\
Application of least squares gave:
A = 0.182205
B = -0.973343
C = 0.327499
Using these values, the equation becomes:
CV = antilog10[0.182205(log10 (x))\2\-0.973343(log
10(x))+0.327499]
Sampling Pump Flow Rate Corrections
This correction is used if a difference greater than 5% in ambient
temperature and/or pressure is noted between calibration and sampling
sites and the pump does not compensate for the differences.
[GRAPHIC] [TIFF OMITTED] TR10AU94.030
Where:
Qact = actual flow rate
Qcal = calibrated flow rate (if a rotameter was used, the
rotameter value)
Pcal = uncorrected air pressure at calibration
Pact = uncorrected air pressure at sampling site
Tact = temperature at sampling site (K)
Tcal = temperature at calibration (K)
Walton-Beckett Graticule
When ordering the Graticule for asbestos counting, specify the exact
disc diameter needed to fit the ocular of the microscope and the
diameter (mm) of the circular counting area. Instructions for measuring
the dimensions necessary are listed:
(1) Insert any available graticule into the focusing eyepiece and
focus so that the graticule lines are sharp and clear.
(2) Align the microscope.
(3) Place a stage micrometer on the microscope object stage and
focus the microscope on the graduated lines.
(4) Measure the magnified grid length, PL ([micro]m), using the
stage micrometer.
(5) Remove the graticule from the microscope and measure its actual
grid length, AL (mm). This can be accomplished by using a mechanical
stage fitted with verniers, or a jeweler's loupe with a direct reading
scale.
(6) Let D=100 [micro]m. Calculate the circle diameter, dc
(mm), for the Walton-Beckett graticule and specify the diameter when
making a purchase:
[GRAPHIC] [TIFF OMITTED] TR10AU94.031
Example: If PL=108 [micro]m, AL=2.93 mm and D=100 [micro]m, then,
[GRAPHIC] [TIFF OMITTED] TR10AU94.032
(7) Each eyepiece-objective-reticle combination on the microscope
must be calibrated. Should any of the three be changed (by zoom
adjustment, disassembly, replacement, etc.), the combination must be
recalibrated. Calibration may change if interpupillary distance is
changed.
Measure the field diameter, D (acceptable range: 100 2 [micro]m) with a stage micrometer upon receipt of the
graticule from the manufacturer. Determine the field area (mm\2\).
Field Area= [pi](D/2)\2\
If D=100 [micro]m=0.1 mm, then
Field Area=[pi](0.1 mm/2)\2\=0.00785 mm\2\
The Graticule is available from: Graticules Ltd., Morley Road,
Tonbridge TN9 IRN, Kent, England (Telephone 011-44-732-359061). Also
available from PTR Optics Ltd., 145 Newton Street, Waltham, MA 02154
[telephone (617) 891-6000] or McCrone Accessories
[[Page 167]]
and Components, 2506 S. Michigan Ave., Chicago, IL 60616 [phone (312)
842-7100]. The graticule is custom made for each microscope.
[GRAPHIC] [TIFF OMITTED] TR10AU94.008
Counts for the Fibers in the Figure
------------------------------------------------------------------------
Structure No. Count Explanation
------------------------------------------------------------------------
1 to 6....................... 1 Single fibers all contained
within the circle.
7............................ \1/2\ Fiber crosses circle once.
8............................ 0 Fiber too short.
9............................ 2 Two crossing fibers.
10........................... 0 Fiber outside graticule.
11........................... 0 Fiber crosses graticule twice.
12........................... \1/2\ Although split, fiber only
crosses once.
------------------------------------------------------------------------
[[Page 168]]
Appendix C to Sec. 1915.1001--Qualitative and Quantitative Fit Testing
Procedures. Mandatory
Employers must perform fit testing in accordance with the fit-
testing requirements of 29 CFR 1910.134(f) and the qualitative and
quantitative fit-testing protocols and procedures specified in Appendix
A of 29 CFR 1910.134.
Appendix D to Sec. 1915.1001--Medical Questionnaires. Mandatory
This mandatory appendix contains the medical questionnaires that
must be administered to all employees who are exposed to asbestos,
tremolite, anthophyllite, actinolite, or a combination of these minerals
above the permissible exposure limit (0.1 f/cc), and who will therefore
be included in their employer's medical surveillance program. Part 1 of
the appendix contains the Initial Medical Questionnaire, which must be
obtained for all new hires who will be covered by the medical
surveillance requirements. Part 2 includes the abbreviated Periodical
Medical Questionnaire, which must be administered to all employees who
are provided periodic medical examinations under the medical
surveillance provisions of the standard.
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Appendix E to Sec. 1915.1001--Interpretation and Classification of
Chest Roentgenograms. Mandatory
(a) Chest roentgenograms shall be interpreted and classified in
accordance with a professionally accepted classification system and
recorded on an interpretation form following the format of the CDC/NIOSH
(M) 2.8 form. As a minimum, the content within the bold lines of this
form (items 1 through 4) shall be included. This form is not to be
submitted to NIOSH.
(b) Roentgenograms shall be interpreted and classified only by a B-
reader, a board eligible/certified radiologist, or an experienced
physician with known expertise in pneumoconioses.
(c) All interpreters, whenever interpreting chest roentgenograms
made under this section, shall have immediately available for reference
a complete set of the ILO-U/C International Classification of
Radiographs for Pneumoconioses, 1980.
Appendix F to Sec. 1915.1001--Work Practices and Engineering Controls
for Class I Asbestos Operations Non-Mandatory
This is a non-mandatory appendix to the asbestos standards for
construction and for shipyards. It describes criteria and procedures for
erecting and using negative pressure enclosures for Class I Asbestos
Work, when NPEs are used as an allowable control method to comply with
paragraph (g)(5) (i) of this section. Many small and variable details
are involved in the erection of a negative pressure enclosure. OSHA and
most participants in the rulemaking agreed that only the major, more
performance oriented criteria should be made mandatory. These criteria
are set out in paragraph (g) of this section. In addition, this appendix
includes these mandatory specifications and procedures in its guidelines
in order to make this appendix coherent and helpful. The mandatory
nature of the criteria which appear in the regulatory text is not
changed because they are included in this ``non-mandatory'' appendix.
Similarly, the additional criteria and procedures included as guidelines
in the appendix, do not become mandatory because mandatory criteria are
also included in these comprehensive guidelines.
In addition, none of the criteria, both mandatory and recommended,
are meant to specify or imply the need for use of patented or licensed
methods or equipment. Recommended specifications included in this
attachment should not discourage the use of creative alternatives which
can be shown to reliably achieve the objectives of negative-pressure
enclosures.
Requirements included in this appendix, cover general provisions to
be followed in all asbestos jobs, provisions which must be followed for
all Class I asbestos jobs, and provisions governing the construction and
testing of negative pressure enclosures. The first category includes the
requirement for use of wet methods, HEPA vacuums, and immediate bagging
of waste; Class I work must conform to the following provisions:
oversight by competent person
use of critical barriers over all openings to
work area
isolation of HVAC systems
use of impermeable dropcloths and coverage of all
objects within regulated areas
In addition, more specific requirements for NPEs include:
maintenance of -0.02 inches water gauge within
enclosure
manometric measurements
air movement away from employees performing
removal work
smoke testing or equivalent for detection of
leaks and air direction
deactivation of electrical circuits, if not
provided with ground-fault circuit interrupters.
Planning the Project
The standard requires that an exposure assessment be conducted
before the asbestos job is begun Sec. 1915.1001(f)(1). Information
needed for that assessment, includes data relating to prior similar
jobs, as applied to the specific variables of the current job. The
information needed to conduct the assessment will be useful in planning
the project, and in complying with any reporting requirements under this
standard, when significant changes are being made to a control system
listed in the standard, [see paragraph (k) of this section], as well as
those of USEPA (40 CFR part 61, subpart M). Thus, although the standard
does not explicitly require the preparation of a written asbestos
removal plan, the usual constituents of such a plan, i.e., a description
of the enclosure, the equipment, and the procedures to be used
throughout the project, must be determined before the enclosure can be
erected. The following information should be included in the planning of
the system:
A physical description of the work area;
A description of the approximate amount of material to be removed;
A schedule for turning off and sealing existing ventilation systems;
Personnel hygiene procedures;
A description of personal protective equipment and clothing to worn
by employees;
A description of the local exhaust ventilation systems to be used
and how they are to be tested;
A description of work practices to be observed by employees;
An air monitoring plan;
A description of the method to be used to transport waste material;
and
The location of the dump site.
[[Page 184]]
Materials and Equipment Necessary for Asbestos Removal
Although individual asbestos removal projects vary in terms of the
equipment required to accomplish the removal of the materials, some
equipment and materials are common to most asbestos removal operations.
Plastic sheeting used to protect horizontal surfaces, seal HVAC
openings or to seal vertical openings and ceilings should have a minimum
thickness of 6 mils. Tape or other adhesive used to attach plastic
sheeting should be of sufficient adhesive strength to support the weight
of the material plus all stresses encountered during the entire duration
of the project without becoming detached from the surface.
Other equipment and materials which should be available at the
beginning of each project are:
--HEPA Filtered Vacuum is essential for cleaning the work area after
the asbestos has been removed. It should have a long hose capable of
reaching out-of-the-way places, such as areas above ceiling tiles,
behind pipes, etc.
--Portable air ventilation systems installed to provide the negative
air pressure and air removal from the enclosure must be equipped with a
HEPA filter. The number and capacity of units required to ventilate an
enclosure depend on the size of the area to be ventilated. The filters
for these systems should be designed in such a manner that they can be
replaced when the air flow volume is reduced by the build-up of dust in
the filtration material. Pressure monitoring devices with alarms and
strip chart recorders attached to each system to indicate the pressure
differential and the loss due to dust buildup on the filter are
recommended.
--Water sprayers should be used to keep the asbestos material as
saturated as possible during removal; the sprayers will provide a fine
mist that minimizes the impact of the spray on the material.
--Water used to saturate the asbestos containing material can be amended
by adding at least 15 milliliters (\1/4\ ounce) of wetting agent in 1
liter (1 pint) of water. An example of a wetting agent is a 50/50
mixture of polyoxyethylene ether and polyoxyethylene polyglycol ester.
--Backup power supplies are recommended, especially for ventilation
systems.
--Shower and bath water should be with mixed hot and cold water faucets.
Water that has been used to clean personnel or equipment should either
be filtered or be collected and discarded as asbestos waste. Soap and
shampoo should be provided to aid in removing dust from the workers'
skin and hair.
--See paragraphs (h) and (i) of this section for appropriate respiratory
protection and protective clothing.
--See paragraph (k) of this section for required signs and labels.
Preparing the Work Area
Disabling HVAC Systems: The power to the heating, ventilation, and
air conditioning systems that service the restricted area must be
deactivated and locked off. All ducts, grills, access ports, windows and
vents must be sealed off with two layers of plastic to prevent
entrainment of contaminated air.
Operating HVAC Systems in the Restricted Area: If components of a
HVAC system located in the restricted area are connected to a system
that will service another zone during the project, the portion of the
duct in the restricted area must be sealed and pressurized. Necessary
precautions include caulking the duct joints, covering all cracks and
openings with two layers of sheeting, and pressurizing the duct
throughout the duration of the project by restricting the return air
flow. The power to the fan supplying the positive pressure should be
locked ``on'' to prevent pressure loss.
Sealing Elevators: If an elevator shaft is located in the restricted
area, it should be either shut down or isolated by sealing with two
layers of plastic sheeting. The sheeting should provide enough slack to
accommodate the pressure changes in the shaft without breaking the air-
tight seal.
Removing Mobile Objects: All movable objects should be cleaned and
removed from the work area before an enclosure is constructed unless
moving the objects creates a hazard. Mobile objects will be assumed to
be contaminated and should be either cleaned with amended water and a
HEPA vacuum and then removed from the area or wrapped and then disposed
of as hazardous waste.
Cleaning and Sealing Surfaces: After cleaning with water and a HEPA
vacuum, surfaces of stationary objects should be covered with two layers
of plastic sheeting. The sheeting should be secured with duct tape or an
equivalent method to provide a tight seal around the object.
Bagging Waste: In addition to the requirement for immediate bagging
of waste for disposal, it is further recommended that the waste material
be double-bagged and sealed in plastic bags designed for asbestos
disposal. The bags should be stored in a waste storage area that can be
controlled by the workers conducting the removal. Filters removed from
air handling units and rubbish removed from the area are to be bagged
and handled as hazardous waste.
Constructing the Enclosure
The enclosure should be constructed to provide an air-tight seal
around ducts and
[[Page 185]]
openings into existing ventilation systems and around penetrations for
electrical conduits, telephone wires, water lines, drain pipes, etc.
Enclosures should be both airtight and watertight except for those
openings designed to provide entry and/or air flow control.
Size: An enclosure should be the minimum volume to encompass all of
the working surfaces yet allow unencumbered movement by the worker(s),
provide unrestricted air flow past the worker(s), and ensure walking
surfaces can be kept free of tripping hazards.
Shape: The enclosure may be any shape that optimizes the flow of
ventilation air past the worker(s).
Structural Integrity: The walls, ceilings and floors must be
supported in such a manner that portions of the enclosure will not fall
down during normal use.
Openings: It is not necessary that the structure be airtight;
openings may be designed to direct air flow. Such openings should be
located at a distance from active removal operations. They should be
designed to draw air into the enclosure under all anticipated
circumstances. In the event that negative pressure is lost, they should
be fitted with either HEPA filters to trap dust or automatic trap doors
that prevent dust from escaping the enclosure. Openings for exits should
be controlled by an airlock or a vestibule.
Barrier Supports: Frames should be constructed to support all
unsupported spans of sheeting.
Sheeting: Walls, barriers, ceilings, and floors should be lined with
two layers of plastic sheeting having a thickness of at least 6 mil.
Seams: Seams in the sheeting material should be minimized to reduce
the possibilities of accidental rips and tears in the adhesive or
connections. All seams in the sheeting should overlap, be staggered and
not be located at corners or wall-to- floor joints. Areas Within an
Enclosure: Each enclosure consists of a work area, a decontamination
area, and waste storage area. The work area where the asbestos removal
operations occur should be separated from both the waste storage area
and the contamination control area by physical curtains, doors, and/or
airflow patterns that force any airborne contamination back into the
work area.
See paragraph (j) of Sec. 1915.1001 for requirements for hygiene
facilities.
During egress from the work area, each worker should step into the
equipment room, clean tools and equipment, and remove gross
contamination from clothing by wet cleaning and HEPA vacuuming. Before
entering the shower area, foot coverings, head coverings, hand
coverings, and coveralls are removed and placed in impervious bags for
disposal or cleaning. Airline connections from airline respirators with
HEPA disconnects and power cables from powered air-purifying respirators
(PAPRs) will be disconnected just prior to entering the shower room.
Establishing Negative Pressure Within the Enclosure
Negative Pressure: Air is to be drawn into the enclosure under all
anticipated conditions and exhausted through a HEPA filter for 24 hours
a day during the entire duration of the project.
Air Flow Tests: Air flow patterns will be checked before removal
operations begin, at least once per operating shift and any time there
is a question regarding the integrity of the enclosure. The primary test
for air flow is to trace air currents with smoke tubes or other visual
methods. Flow checks are made at each opening and at each doorway to
demonstrate that air is being drawn into the enclosure and at each
worker's position to show that air is being drawn away from the
breathing zone.
Monitoring Pressure Within the Enclosure: After the initial air flow
patterns have been checked, the static pressure must be monitored within
the enclosure. Monitoring may be made using manometers, pressure gauges,
or combinations of these devices. It is recommended that they be
attached to alarms and strip chart recorders at points identified by the
design engineer.
Corrective Actions: If the manometers or pressure gauges demonstrate
a reduction in pressure differential below the required level, work
should cease and the reason for the change investigated and appropriate
changes made. The air flow patterns should be retested before work
begins again.
Pressure Differential: The design parameters for static pressure
differentials between the inside and outside of enclosures typically
range from 0.02 to 0.10 inches of water gauge, depending on conditions.
All zones inside the enclosure must have less pressure than the ambient
pressure outside of the enclosure (-0.02 inches water gauge
differential). Design specifications for the differential vary according
to the size, configuration, and shape of the enclosure as well as
ambient and mechanical air pressure conditions around the enclosure.
Air Flow Patterns: The flow of air past each worker shall be
enhanced by positioning the intakes and exhaust ports to remove
contaminated air from the worker's breathing zone, by positioning HEPA
vacuum cleaners to draw air from the worker's breathing zone, by forcing
relatively uncontaminated air past the worker toward an exhaust port, or
by using a combination of methods to reduce the worker's exposure.
Air Handling Unit Exhaust: The exhaust plume from air handling units
should be located away from adjacent personnel and intakes for HVAC
systems.
[[Page 186]]
Air Flow Volume: The air flow volume (cubic meters per minute)
exhausted (removed) from the workplace must exceed the amount of makeup
air supplied to the enclosure. The rate of air exhausted from the
enclosure should be designed to maintain a negative pressure in the
enclosure and air movement past each worker. The volume of air flow
removed from the enclosure should replace the volume of the container at
every 5 to 15 minutes. Air flow volume will need to be relatively high
for large enclosures, enclosures with awkward shapes, enclosures with
multiple openings, and operations employing several workers in the
enclosure.
Air Flow Velocity: At each opening, the air flow velocity must
visibly ``drag'' air into the enclosure. The velocity of air flow within
the enclosure must be adequate to remove airborne contamination from
each worker's breathing zone without disturbing the asbestos-containing
material on surfaces.
Airlocks: Airlocks are mechanisms on doors and curtains that control
the air flow patterns in the doorways. If air flow occurs, the patterns
through doorways must be such that the air flows toward the inside of
the enclosure. Sometimes vestibules, double doors, or double curtains
are used to prevent air movement through the doorways. To use a
vestibule, a worker enters a chamber by opening the door or curtain and
then closing the entry before opening the exit door or curtain.
Airlocks should be located between the equipment room and shower
room, between the shower room and the clean room, and between the waste
storage area and the outside of the enclosure. The air flow between
adjacent rooms must be checked using smoke tubes or other visual tests
to ensure the flow patterns draw air toward the work area without
producing eddies.
Monitoring for Airborne Concentrations
In addition to the breathing zone samples taken as outlined in
paragraph (f) of Sec. 1915.1001 , samples of air should be taken to
demonstrate the integrity of the enclosure, the cleanliness of the clean
room and shower area, and the effectiveness of the HEPA filter. If the
clean room is shown to be contaminated, the room must be relocated to an
uncontaminated area.
Samples taken near the exhaust of portable ventilation systems must
be done with care.
General Work Practices
Preventing dust dispersion is the primary means of controlling the
spread of asbestos within the enclosure. Whenever practical, the point
of removal should be isolated, enclosed, covered, or shielded from the
workers in the area. Waste asbestos containing materials must be bagged
during or immediately after removal; the material must remain saturated
until the waste container is sealed.
Waste material with sharp points or corners must be placed in hard
air-tight containers rather than bags.
Whenever possible, large components should be sealed in plastic
sheeting and removed intact.
Bags or containers of waste will be moved to the waste holding area,
washed, and wrapped in a bag with the appropriate labels.
Cleaning the Work Area
Surfaces within the work area should be kept free of visible dust
and debris to the extent feasible. Whenever visible dust appears on
surfaces, the surfaces within the enclosure must be cleaned by wiping
with a wet sponge, brush, or cloth and then vacuumed with a HEPA vacuum.
All surfaces within the enclosure should be cleaned before the
exhaust ventilation system is deactivated and the enclosure is
disassembled. An approved encapsulant may be sprayed onto areas after
the visible dust has been removed.
Appendix G to Sec. 1915.1001 [Reserved]
Appendix H to Sec. 1915.1001--Substance Technical Information for
Asbestos. Non-Mandatory
I. Substance Identification
A. Substance: ``Asbestos'' is the name of a class of magnesium-
silicate minerals that occur in fibrous form. Minerals that are included
in this group are chrysotile, crocidolite, amosite, anthophyllite
asbestos, tremolite asbestos, and actinolite asbestos.
B. Asbestos is and was used in the manufacture of heat-resistant
clothing, automotive brake and clutch linings, and a variety of building
materials including floor tiles, roofing felts, ceiling tiles, asbestos-
cement pipe and sheet, and fire-resistant drywall. Asbestos is also
present in pipe and boiler insulation materials and in sprayed-on
materials located on beams, in crawlspaces, and between walls.
C. The potential for an asbestos-containing product to release
breathable fibers depends largely on its degree of friability. Friable
means that the material can be crumbled with hand pressure and is
therefore likely to emit fibers. The fibrous fluffy sprayed-on materials
used for fireproofing, insulation, or sound proofing are considered to
be friable, and they readily release airborne fibers if disturbed.
Materials such as vinyl-asbestos floor tile or roofing felt are
considered non-friable if intact and generally do not emit airborne
fibers unless subjected to sanding, sawing and other aggressive
operations. Asbestos--cement pipe or sheet can emit airborne fibers if
the materials are cut or sawed, or if they are broken.
[[Page 187]]
D. Permissible exposure: Exposure to airborne asbestos fibers may
not exceed 0.1 fibers per cubic centimeter of air (0.1 f/cc) averaged
over the 8-hour workday, and 1 fiber per cubic centimeter of air (1.0 f/
cc) averaged over a 30 minute work period.
II. Health Hazard Data
A. Asbestos can cause disabling respiratory disease and various
types of cancers if the fibers are inhaled. Inhaling or ingesting fibers
from contaminated clothing or skin can also result in these diseases.
The symptoms of these diseases generally do not appear for 20 or more
years after initial exposure.
B. Exposure to asbestos has been shown to cause lung cancer,
mesothelioma, and cancer of the stomach and colon. Mesothelioma is a
rare cancer of the thin membrane lining of the chest and abdomen.
Symptoms of mesothelioma include shortness of breath, pain in the walls
of the chest, and/or abdominal pain.
III. Respirators and Protective Clothing
A. Respirators: You are required to wear a respirator when
performing tasks that result in asbestos exposure that exceeds the
permissible exposure limit (PEL) of 0.1 f/cc and when performing certain
designated operations. Air-purifying respirators equipped with a high-
efficiency particulate air (HEPA) filter can be used where airborne
asbestos fiber concentrations do not exceed 1.0 f/cc; otherwise, more
protective respirators such as air-supplied, positive-pressure, full
facepiece respirators must be used. Disposable respirators or dust masks
are not permitted to be used for asbestos work. For effective
protection, respirators must fit your face and head snugly. Your
employer is required to conduct a fit test when you are first assigned a
respirator and every 6 months thereafter. Respirators should not be
loosened or removed in work situations where their use is required.
B. Protective Clothing: You are required to wear protective clothing
in work areas where asbestos fiber concentrations exceed the permissible
exposure limit (PEL) of 0.1 f/cc.
IV. Disposal Procedures and Clean-up
A. Wastes that are generated by processes where asbestos is present
include:
1. Empty asbestos shipping containers.
2. Process wastes such as cuttings, trimmings, or reject materials.
3. Housekeeping waste from wet-sweeping or HEPA-vacuuming.
4. Asbestos fireproofing or insulating material that is removed from
buildings.
5. Asbestos-containing building products removed during building
renovation or demolition.
6. Contaminated disposable protective clothing.
B. Empty shipping bags can be flattened under exhaust hoods and
packed into airtight containers for disposal. Empty shipping drums are
difficult to clean and should be sealed.
C. Vacuum bags or disposable paper filters should not be cleaned,
but should be sprayed with a fine water mist and placed into a labeled
waste container.
D. Process waste and housekeeping waste should be wetted with water
or a mixture of water and surfactant prior to packaging in disposable
containers.
E. Asbestos-containing material that is removed from buildings must
be disposed of in leak-tight 6-mil plastic bags, plastic-lined cardboard
containers, or plastic-lined metal containers. These wastes, which are
removed while wet, should be sealed in containers before they dry out to
minimize the release of asbestos fibers during handling.
V. Access to Information
A. Each year, your employer is required to inform you of the
information contained in this standard and appendices for asbestos. In
addition, your employer must instruct you in the proper work practices
for handling asbestos-containing materials, and the correct use of
protective equipment.
B. Your employer is required to determine whether you are being
exposed to asbestos. Your employer must treat exposure to thermal system
insulation and sprayed-on and troweled-on surfacing material as asbestos
exposure, unless results of laboratory analysis show that the material
does not contain asbestos. You or your representative has the right to
observe employee measurements and to record the results obtained. Your
employer is required to inform you of your exposure, and, if you are
exposed above the permissible exposure limit, he or she is required to
inform you of the actions that are being taken to reduce your exposure
to within the permissible limit.
C. Your employer is required to keep records of your exposures and
medical examinations. These exposure records must be kept for at least
thirty (30) years. Medical records must be kept for the period of your
employment plus thirty (30) years.
D. Your employer is required to release your exposure and medical
records to your physician or designated representative upon your written
request.
Appendix I to Sec. 1915.1001--Medical Surveillance Guidelines for
Asbestos, Non-Mandatory
I. Route of Entry
Inhalation, ingestion.
[[Page 188]]
II. Toxicology
Clinical evidence of the adverse effects associated with exposure to
asbestos is present in the form of several well- conducted
epidemiological studies of occupationally exposed workers, family
contacts of workers, and persons living near asbestos mines. These
studies have shown a definite association between exposure to asbestos
and an increased incidence of lung cancer, pleural and peritoneal
mesothelioma, gastrointestinal cancer, and asbestosis. The latter is a
disabling fibrotic lung disease that is caused only by exposure to
asbestos. Exposure to asbestos has also been associated with an
increased incidence of esophageal, kidney, laryngeal, pharyngeal, and
buccal cavity cancers. As with other known chronic occupational
diseases, disease associated with asbestos generally appears about 20
years following the first occurrence of exposure: There are no known
acute effects associated with exposure to asbestos.
Epidemiological studies indicate that the risk of lung cancer among
exposed workers who smoke cigarettes is greatly increased over the risk
of lung cancer among non-exposed smokers or exposed nonsmokers. These
studies suggest that cessation of smoking will reduce the risk of lung
cancer for a person exposed to asbestos but will not reduce it to the
same level of risk as that existing for an exposed worker who has never
smoked.
III. Signs and Symptoms of Exposure Related Disease
The signs and symptoms of lung cancer or gastrointestinal cancer
induced by exposure to asbestos are not unique, except that a chest X-
ray of an exposed patient with lung cancer may show pleural plaques,
pleural calcification, or pleural fibrosis. Symptoms characteristic of
mesothelioma include shortness of breath, pain in the walls of the
chest, or abdominal pain. Mesothelioma has a much longer latency period
compared with lung cancer (40 years versus 15-20 years), and
mesothelioma is therefore more likely to be found among workers who were
first exposed to asbestos at an early age. Mesothelioma is always fatal.
Asbestosis is pulmonary fibrosis caused by the accumulation of
asbestos fibers in the lungs. Symptoms include shortness of breath,
coughing, fatigue, and vague feelings of sickness. When the fibrosis
worsens, shortness of breath occurs even at rest. The diagnosis of
asbestosis is based on a history of exposure to asbestos, the presence
of characteristics radiologic changes, end-inspiratory crackles (rales),
and other clinical features of fibrosing lung disease. Pleural plaques
and thickening are observed on X-rays taken during the early sates of
the disease. Asbestosis is often a progressive disease even in the
absence of continued exposure, although this appears to be a highly
individualized characteristic. In severe cases, death may be caused by
respiratory or cardiac failure.
IV. Surveillance and Preventive Considerations
As noted above, exposure to asbestos have been linked to an
increased risk of lung cancer, mesothelioma, gastrointestinal cancer,
and asbestosis among occupationally exposed workers. Adequate screening
tests to determine an employee's potential for developing serious
chronic diseases, such as a cancer, from exposure to asbestos do not
presently exist. However, some tests, particularly chest X-rays and
pulmonary function tests, may indicate that an employee has been
overexposed to asbestos increasing his or her risk of developing
exposure related chronic diseases. It is important for the physician to
become familiar with the operating conditions in which occupational
exposure to asbestos is likely to occur. This is particularly important
in evaluating medical and work histories and in conducting physical
examinations. When an active employee has been identified as having been
overexposed to asbestos measures taken by the employer to eliminate or
mitigate further exposure should also lower the risk of serious long-
term consequences.
The employer is required to institute a medical surveillance program
for all employees who are or will be exposed to asbestos at or above the
permissible exposure limits (0.1 fiber per cubic centimeter of air) for
30 or more days per year and for all employees who are assigned to wear
a negative-pressure respirator. All examinations and procedures must be
performed by or under the supervision of licensed physician at a
reasonable time and place, and at no cost to the employee.
Although broad latitude is given to the physician in prescribing
specific tests to be included in the medical surveillance program, OSHA
requires inclusion of the following elements in the routine examination,
(i) Medical and work histories with special emphasis directed to
symptoms of the respiratory system, cardiovascular system, and digestive
tract.
(ii) Completion of the respiratory disease questionnaire contained
in appendix D to this section.
(iii) A physical examination including a chest roentgenogram and
pulmonary function test that include measurement of the employee's
forced vital capacity (FYC) and forced expiratory volume at one second
(FEV1).
(iv) Any laboratory or other test that the examining physician deems
by sound medical practice to be necessary.
The employer is required to make the prescribed tests available at
least annually to those employees covered; more often than specified if
recommended by the examining
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physician; and upon termination of employment.
The employer is required to provide the physician with the following
information: A copy of this standard and appendices; a description of
the employee's duties as they relate to asbestos exposure; the
employee's representative level of exposure to asbestos; a description
of any personal protective and respiratory equipment used; and
information from previous medical examinations of the affected employee
that is not otherwise available to the physician. Making this
information available to the physician will aid in the evaluation of the
employee's health in relation to assigned duties and fitness to wear
personal protective equipment, if required.
The employer is required to obtain a written opinion from the
examining physician containing the results of the medical examination;
the physician's opinion as to whether the employee has any detected
medical conditions that would place the employee at an increased risk of
exposure-related disease; any recommended limitations on the employee or
on the use of personal protective equipment; and a statement that the
employee has been informed by the physician of the results of the
medical examination and of any medical conditions related to asbestos
exposure that require further explanation or treatment. This written
opinion must not reveal specific findings or diagnoses unrelated to
exposure to asbestos, and a copy of the opinion must be provided to the
affected employee.
Appendix J to Sec. 1915.1001--Smoking Cessation Program Information for
Asbestos--Non-Mandatory
The following organizations provide smoking cessation information.
1. The National Cancer Institute operates a toll-free Cancer
Information Service (CIS) with trained personnel to help you. Call 1-
800-4-CANCER* to reach the CIS office serving your area, or write:
Office of Cancer Communications, National Cancer Institute, National
Institutes of Health, Building 31, Room 10A24, Bethesda, Maryland 20892.
2. American Cancer Society, 3340 Peachtree Road, N.E., Atlanta,
Georgia 30026, (404) 320-3333.
The American Cancer Society (ACS) is a voluntary organization
composed of 58 divisions and 3,100 local units. Through ``The Great
American Smokeout'' in November, the annual Cancer Crusade in April, and
numerous educational materials, ACS helps people learn about the health
hazards of smoking and become successful ex-smokers.
3. American Heart Association, 7320 Greenville Avenue, Dallas, Texas
75231, (214) 750-5300.
The American Heart Association (AHA) is a voluntary organization
with 130,000 members (physicians, scientists, and laypersons) in 55
state and regional groups. AHA produces a variety of publications and
audiovisual materials about the effects of smoking on the heart. AHA
also has developed a guidebook for incorporating a weight-control
component into smoking cessation programs.
4. American Lung Association, 1740 Broadway, New York, New York
10019, (212) 245-8000.
A voluntary organization of 7,500 members (physicians, nurses, and
laypersons), the American Lung Association (ALA) conducted numerous
public information programs about the health effects of smoking. ALA has
59 state and 85 local units. The organization actively supports
legislation and information campaigns for non-smokers' rights and
provides help for smokers who want to quit, for example, through
``Freedom From Smoking,'' a self-help smoking cessation program.
5. Office on Smoking and Health, U.S. Department of Health and Human
Services 5600 Fishers Lane, Park Building, Room 110, Rockville, Maryland
20857.
The Office on Smoking and Health (OSHA) is the Department of Health
and Human Services' lead agency in smoking control. OSHA has sponsored
distribution of publications on smoking-related topics, such as free
flyers on relapse after initial quitting, helping a friend or family
member quit smoking, the health hazards of smoking, and the effects of
parental smoking on teenagers.
*In Hawaii, on Oahu call 524-1234 (call collect from neighboring
islands),
Spanish-speaking staff members are available during daytime hours to
callers from the following areas: California, Florida, Georgia,
Illinois, New Jersey (area code 201), New York, and Texas. Consult your
local telephone directory for listings of local chapters.
Appendix K to Sec. 1915.1001--Polarized Light Microscopy of Asbestos--
Non-Mandatory
Method number: ID-191
Matrix: Bulk
Collection Procedure
Collect approximately 1 to 2 grams of each type of material and
place into separate 20 mL scintillation vials.
Analytical Procedure
A portion of each separate phase is analyzed by gross examination,
phase-polar examination, and central stop dispersion microscopy.
Commercial manufacturers and products mentioned in this method are
for descriptive use only and do not constitute endorsements by USDOL-
OSHA. Similar products from other sources may be substituted.
[[Page 190]]
1. Introduction
This method describes the collection and analysis of asbestos bulk
materials by light microscopy techniques including phase- polar
illumination and central-stop dispersion microscopy. Some terms unique
to asbestos analysis are defined below:
Amphibole: A family of minerals whose crystals are formed by long,
thin units which have two thin ribbons of double chain silicate with a
brucite ribbon in between. The shape of each unit is similar to an ``I
beam''. Minerals important in asbestos analysis include cummingtonite-
grunerite, crocidolite, tremolite- actinolite and anthophyllite.
Asbestos: A term for naturally occurring fibrous minerals. Asbestos
includes chrysotile, cummingtonite-grunerite asbestos (amosite),
anthophyllite asbestos, tremolite asbestos, crocidolite, actinolite
asbestos and any of these minerals which have been chemically treated or
altered. The precise chemical formulation of each species varies with
the location from which it was mined. Nominal compositions are listed:
Chrysotile................................ Mg3 Si2 O5(OH)4
Crocidolite (Riebeckite asbestos)......... Na2Fe32+Fe23+Si8O22(OH)2
Cummingtonite-Grunerite asbestos (Amosite) (Mg,Fe)7 Si8O22(OH)2
Tremolite-Actinolite asbestos............. Ca2(Mg,Fe)5Si8O22(OH)2
Anthophyllite asbestos.................... (Mg,Fe)7 Si8O22(OH)2
Asbestos Fiber: A fiber of asbestos meeting the criteria for a
fiber. (See section 3.5.)
Aspect Ratio: The ratio of the length of a fiber to its diameter
usually defined as ``length : width'', e.g. 3:1.
Brucite: A sheet mineral with the composition Mg(OH)2.
Central Stop Dispersion Staining (microscope): This is a dark field
microscope technique that images particles using only light refracted by
the particle, excluding light that travels through the particle
unrefracted. This is usually accomplished with a McCrone objective or
other arrangement which places a circular stop with apparent aperture
equal to the objective aperture in the back focal plane of the
microscope.
Cleavage Fragments: Mineral particles formed by the comminution of
minerals, especially those characterized by relatively parallel sides
and moderate aspect ratio.
Differential Counting: The term applied to the practice of excluding
certain kinds of fibers from a phase contrast asbestos count because
they are not asbestos.
Fiber: A particle longer than or equal to 5 [micro]m with a length
to width ratio greater than or equal to 3:1. This may include cleavage
fragments. (see section 3.5 of this appendix).
Phase Contrast: Contrast obtained in the microscope by causing light
scattered by small particles to destructively interfere with unscattered
light, thereby enhancing the visibility of very small particles and
particles with very low intrinsic contrast.
Phase Contrast Microscope: A microscope configured with a phase mask
pair to create phase contrast. The technique which uses this is called
Phase Contrast Microscopy (PCM).
Phase-Polar Analysis: This is the use of polarized light in a phase
contrast microscope. It is used to see the same size fibers that are
visible in air filter analysis. Although fibers finer than 1 [micro]m
are visible, analysis of these is inferred from analysis of larger
bundles that are usually present.
Phase-Polar Microscope: The phase-polar microscope is a phase
contrast microscope which has an analyzer, a polarizer, a first order
red plate and a rotating phase condenser all in place so that the
polarized light image is enhanced by phase contrast.
Sealing Encapsulant: This is a product which can be applied,
preferably by spraying, onto an asbestos surface which will seal the
surface so that fibers cannot be released.
Serpentine: A mineral family consisting of minerals with the general
composition Mg3(Si2O5(OH)4 having the
magnesium in brucite layer over a silicate layer. Minerals important in
asbestos analysis included in this family are chrysotile, lizardite,
antigorite.
1.1. History
Light microscopy has been used for well over 100 years for the
determination of mineral species. This analysis is carried out using
specialized polarizing microscopes as well as bright field microscopes.
The identification of minerals is an on-going process with many new
minerals described each year. The first recorded use of asbestos was in
Finland about 2500 B.C. where the material was used in the mud wattle
for the wooden huts the people lived in as well as strengthening for
pottery. Adverse health aspects of the mineral were noted nearly 2000
years ago when Pliny the Younger wrote about the poor health of slaves
in the asbestos mines. Although known to be injurious for centuries, the
first modern references to its toxicity were by the British Labor
Inspectorate when it banned asbestos dust from the workplace in 1898.
Asbestosis cases were described in the literature after the turn of the
century. Cancer was first suspected in the mid 1930's and a causal link
to mesothelioma was made in 1965. Because of the public concern for
worker and public safety with the use of this material, several
different types of analysis were applied to the determination of
asbestos content. Light microscopy requires a great deal of experience
and craft. Attempts were made to apply
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less subjective methods to the analysis. X-ray diffraction was partially
successful in determining the mineral types but was unable to separate
out the fibrous portions from the non-fibrous portions. Also, the
minimum detection limit for asbestos analysis by X-ray diffraction (XRD)
is about 1%. Differential Thermal Analysis (DTA) was no more successful.
These provide useful corroborating information when the presence of
asbestos has been shown by microscopy; however, neither can determine
the difference between fibrous and non-fibrous minerals when both habits
are present. The same is true of Infrared Absorption (IR).
When electron microscopy was applied to asbestos analysis, hundreds
of fibers were discovered present too small to be visible in any light
microscope. There are two different types of electron microscope used
for asbestos analysis: Scanning Electron Microscope (SEM) and
Transmission Electron Microscope (TEM). Scanning Electron Microscopy is
useful in identifying minerals. The SEM can provide two of the three
pieces of information required to identify fibers by electron
microscopy: morphology and chemistry. The third is structure as
determined by Selected Area Electron Diffraction--SAED which is
performed in the TEM. Although the resolution of the SEM is sufficient
for very fine fibers to be seen, accuracy of chemical analysis that can
be performed on the fibers varies with fiber diameter in fibers of less
than 0.2 [micro]m diameter. The TEM is a powerful tool to identify
fibers too small to be resolved by light microscopy and should be used
in conjunction with this method when necessary. The TEM can provide all
three pieces of information required for fiber identification. Most
fibers thicker than 1 [micro]m can adequately be defined in the light
microscope. The light microscope remains as the best instrument for the
determination of mineral type. This is because the minerals under
investigation were first described analytically with the light
microscope. It is inexpensive and gives positive identification for most
samples analyzed. Further, when optical techniques are inadequate, there
is ample indication that alternative techniques should be used for
complete identification of the sample.
1.2. Principle
Minerals consist of atoms that may be arranged in random order or in
a regular arrangement. Amorphous materials have atoms in random order
while crystalline materials have long range order. Many materials are
transparent to light, at least for small particles or for thin sections.
The properties of these materials can be investigated by the effect that
the material has on light passing through it. The six asbestos minerals
are all crystalline with particular properties that have been identified
and cataloged. These six minerals are anisotropic. They have a regular
array of atoms, but the arrangement is not the same in all directions.
Each major direction of the crystal presents a different regularity.
Light photons travelling in each of these main directions will encounter
different electrical neighborhoods, affecting the path and time of
travel. The techniques outlined in this method use the fact that light
traveling through fibers or crystals in different directions will behave
differently, but predictably. The behavior of the light as it travels
through a crystal can be measured and compared with known or determined
values to identify the mineral species. Usually, Polarized Light
Microscopy (PLM) is performed with strain-free objectives on a bright-
field microscope platform. This would limit the resolution of the
microscope to about 0.4 [micro]m. Because OSHA requires the counting and
identification of fibers visible in phase contrast, the phase contrast
platform is used to visualize the fibers with the polarizing elements
added into the light path. Polarized light methods cannot identify
fibers finer than about 1[micro]m in diameter even though they are
visible. The finest fibers are usually identified by inference from the
presence of larger, identifiable fiber bundles. When fibers are present,
but not identifiable by light microscopy, use either SEM or TEM to
determine the fiber identity.
1.3. Advantages and Disadvantages
The advantages of light microcopy are:
(a) Basic identification of the materials was first performed by
light microscopy and gross analysis. This provides a large base of
published information against which to check analysis and analytical
technique.
(b) The analysis is specific to fibers. The minerals present can
exist in asbestiform, fibrous, prismatic, or massive varieties all at
the same time. Therefore, bulk methods of analysis such as X-ray
diffraction, IR analysis, DTA, etc. are inappropriate where the material
is not known to be fibrous.
(c) The analysis is quick, requires little preparation time, and can
be performed on-site if a suitably equipped microscope is available.
The disadvantages are:
(a) Even using phase-polar illumination, not all the fibers present
may be seen. This is a problem for very low asbestos concentrations
where agglomerations or large bundles of fibers may not be present to
allow identification by inference.
(b) The method requires a great degree of sophistication on the part
of the microscopist. An analyst is only as useful as his mental catalog
of images. Therefore, a
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microscopist's accuracy is enhanced by experience. The mineralogical
training of the analyst is very important. It is the basis on which
subjective decisions are made.
(c) The method uses only a tiny amount of material for analysis.
This may lead to sampling bias and false results (high or low). This is
especially true if the sample is severely inhomogeneous.
(d) Fibers may be bound in a matrix and not distinguishable as
fibers so identification cannot be made.
1.4. Method Performance
1.4.1. This method can be used for determination of asbestos content
from 0 to 100% asbestos. The detection limit has not been adequately
determined, although for selected samples, the limit is very low,
depending on the number of particles examined. For mostly homogeneous,
finely divided samples, with no difficult fibrous interferences, the
detection limit is below 1%. For inhomogeneous samples (most samples),
the detection limit remains undefined. NIST has conducted proficiency
testing of laboratories on a national scale. Although each round is
reported statistically with an average, control limits, etc., the
results indicate a difficulty in establishing precision especially in
the low concentration range. It is suspected that there is significant
bias in the low range especially near 1%. EPA tried to remedy this by
requiring a mandatory point counting scheme for samples less than 10%.
The point counting procedure is tedious, and may introduce significant
biases of its own. It has not been incorporated into this method.
1.4.2. The precision and accuracy of the quantitation tests
performed in this method are unknown. Concentrations are easier to
determine in commercial products where asbestos was deliberately added
because the amount is usually more than a few percent. An analyst's
results can be ``calibrated'' against the known amounts added by the
manufacturer. For geological samples, the degree of homogeneity affects
the precision.
1.4.3. The performance of the method is analyst dependent. The
analyst must choose carefully and not necessarily randomly the portions
for analysis to assure that detection of asbestos occurs when it is
present. For this reason, the analyst must have adequate training in
sample preparation, and experience in the location and identification of
asbestos in samples. This is usually accomplished through substantial
on-the-job training as well as formal education in mineralogy and
microscopy.
1.5. Interferences
Any material which is long, thin, and small enough to be viewed
under the microscope can be considered an interference for asbestos.
There are literally hundreds of interferences in workplaces. The
techniques described in this method are normally sufficient to eliminate
the interferences. An analyst's success in eliminating the interferences
depends on proper training.
Asbestos minerals belong to two mineral families: the serpentines
and the amphiboles. In the serpentine family, the only common fibrous
mineral is chrysotile. Occasionally, the mineral antigorite occurs in a
fibril habit with morphology similar to the amphiboles. The amphibole
minerals consist of a score of different minerals of which only five are
regulated by federal standard: amosite, crocidolite, anthophyllite
asbestos, tremolite asbestos and actinolite asbestos. These are the only
amphibole minerals that have been commercially exploited for their
fibrous properties; however, the rest can and do occur occasionally in
asbestiform habit.
In addition to the related mineral interferences, other minerals
common in building material may present a problem for some
microscopists: gypsum, anhydrite, brucite, quartz fibers, talc fibers or
ribbons, wollastonite, perlite, attapulgite, etc. Other fibrous
materials commonly present in workplaces are: fiberglass, mineral wool,
ceramic wool, refractory ceramic fibers, kevlar, nomex, synthetic
fibers, graphite or carbon fibers, cellulose (paper or wood) fibers,
metal fibers, etc.
Matrix embedding material can sometimes be a negative interference.
The analyst may not be able to easily extract the fibers from the matrix
in order to use the method. Where possible, remove the matrix before the
analysis, taking careful note of the loss of weight. Some common matrix
materials are: vinyl, rubber, tar, paint, plant fiber, cement, and
epoxy. A further negative interference is that the asbestos fibers
themselves may be either too small to be seen in Phase contrast
Microscopy (PCM) or of a very low fibrous quality, having the appearance
of plant fibers. The analyst's ability to deal with these materials
increases with experience.
1.6. Uses and Occupational Exposure
Asbestos is ubiquitous in the environment. More than 40% of the land
area of the United States is composed of minerals which may contain
asbestos. Fortunately, the actual formation of great amounts of asbestos
is relatively rare. Nonetheless, there are locations in which
environmental exposure can be severe such as in the Serpentine Hills of
California.
There are thousands of uses for asbestos in industry and the home.
Asbestos abatement workers are the most current segment of the
population to have occupational exposure to great amounts of asbestos.
If the material is undisturbed, there is no exposure. Exposure occurs
when the asbestos-containing material is abraded or otherwise disturbed
during
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maintenance operations or some other activity. Approximately 95% of the
asbestos in place in the United States is chrysotile.
Amosite and crocidolite make up nearly all the difference. Tremolite
and anthophyllite make up a very small percentage. Tremolite is found in
extremely small amounts in certain chrysotile deposits. Actinolite
exposure is probably greatest from environmental sources, but has been
identified in vermiculite containing, sprayed-on insulating materials
which may have been certified as asbestos-free.
1.7. Physical and Chemical Properties
The nominal chemical compositions for the asbestos minerals were
given in Section 1. Compared to cleavage fragments of the same minerals,
asbestiform fibers possess a high tensile strength along the fiber axis.
They are chemically inert, non-combustible, and heat resistant. Except
for chrysotile, they are insoluble in Hydrochloric acid (HCl).
Chrysotile is slightly soluble in HCl. Asbestos has high electrical
resistance and good sound absorbing characteristics. It can be woven
into cables, fabrics or other textiles, or matted into papers, felts,
and mats.
1.8. Toxicology (This Section is for Information Only and Should Not Be
Taken as OSHA Policy)
Possible physiologic results of respiratory exposure to asbestos are
mesothelioma of the pleura or peritoneum, interstitial fibrosis,
asbestosis, pneumoconiosis, or respiratory cancer. The possible
consequences of asbestos exposure are detailed in the NIOSH Criteria
Document or in the OSHA Asbestos Standards 29 CFR 1910.1001 and 29 CFR
1926.1101 and 29 CFR 1915.1001.
2. Sampling Procedure
2.1. Equipment for Sampling
(a) Tube or cork borer sampling device
(b) Knife
(c) 20 mL scintillation vial or similar vial
(d) Sealing encapsulant
2.2. Safety Precautions
Asbestos is a known carcinogen. Take care when sampling. While in an
asbestos-containing atmosphere, a properly selected and fit-tested
respirator should be worn. Take samples in a manner to cause the least
amount of dust. Follow these general guidelines:
(a) Do not make unnecessary dust.
(b) Take only a small amount (1 to 2 g).
(c) Tightly close the sample container.
(d) Use encapsulant to seal the spot where the sample was taken, if
necessary.
2.3. Sampling procedure
Samples of any suspect material should be taken from an
inconspicuous place. Where the material is to remain, seal the sampling
wound with an encapsulant to eliminate the potential for exposure from
the sample site. Microscopy requires only a few milligrams of material.
The amount that will fill a 20 mL scintillation vial is more than
adequate. Be sure to collect samples from all layers and phases of
material. If possible, make separate samples of each different phase of
the material. This will aid in determining the actual hazard. DO NOT USE
ENVELOPES, PLASTIC OR PAPER BAGS OF ANY KIND TO COLLECT SAMPLES. The use
of plastic bags presents a contamination hazard to laboratory personnel
and to other samples. When these containers are opened, a bellows effect
blows fibers out of the container onto everything, including the person
opening the container.
If a cork-borer type sampler is available, push the tube through the
material all the way, so that all layers of material are sampled. Some
samplers are intended to be disposable. These should be capped and sent
to the laboratory. If a non-disposable cork borer is used, empty the
contents into a scintillation vial and send to the laboratory.
Vigorously and completely clean the cork borer between samples.
2.4 Shipment
Samples packed in glass vials must not touch or they might break in
shipment.
(a) Seal the samples with a sample seal over the end to guard
against tampering and to identify the sample.
(b) Package the bulk samples in separate packages from the air
samples. They may cross-contaminate each other and will invalidate the
results of the air samples.
(c) Include identifying paperwork with the samples, but not in
contact with the suspected asbestos.
(d) To maintain sample accountability, ship the samples by certified
mail, overnight express, or hand carry them to the laboratory.
3. Analysis
The analysis of asbestos samples can be divided into two major
parts: sample preparation and microscopy. Because of the different
asbestos uses that may be encountered by the analyst, each sample may
need different preparation steps. The choices are outlined below. There
are several different tests that are performed to identify the asbestos
species and determine the percentage. They will be explained below.
3.1. Safety
(a) Do not create unnecessary dust. Handle the samples in HEPA-
filter equipped hoods.
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If samples are received in bags, envelopes or other inappropriate
container, open them only in a hood having a face velocity at or greater
than 100 fpm. Transfer a small amount to a scintillation vial and only
handle the smaller amount.
(b) Open samples in a hood, never in the open lab area.
(c) Index of refraction oils can be toxic. Take care not to get this
material on the skin. Wash immediately with soap and water if this
happens.
(d) Samples that have been heated in the muffle furnace or the
drying oven may be hot. Handle them with tongs until they are cool
enough to handle.
(e) Some of the solvents used, such as THF (tetrahydrofuran), are
toxic and should only be handled in an appropriate fume hood and
according to instructions given in the safety data sheet (SDS).
3.2. Equipment
(a) Phase contrast microscope with 10x, 16x and 40x objectives, 10x
wide-field eyepieces, G-22 Walton-Beckett graticule, Whipple disk,
polarizer, analyzer and first order red or gypsum plate, 100 Watt
illuminator, rotating position condenser with oversize phase rings,
central stop dispersion objective, Kohler illumination and a rotating
mechanicalstage. (See figure 1).
(b) Stereo microscope with reflected light illumination, transmitted
light illumination, polarizer, analyzer and first order red or gypsum
plate, and rotating stage.
(c) Negative pressure hood for the stereo microscope
(d) Muffle furnace capable of 600 [deg]C
(e) Drying oven capable of 50-150 [deg]C
(f) Aluminum specimen pans
(g) Tongs for handling samples in the furnace
(h) High dispersion index of refraction oils (Special for dispersion
staining.)
n = 1.550
n = 1.585
n = 1.590
n = 1.605
n = 1.620
n = 1.670
n = 1.680
n = 1.690
(i) A set of index of refraction oils from about n=1.350 to n=2.000
in n=0.005 increments. (Standard for Becke line analysis.)
(j) Glass slides with painted or frosted ends 1x3 inches 1mm thick,
precleaned.
(k) Cover Slips 22x22 mm, 1\1/2\
(l) Paper clips or dissection needles
(m) Hand grinder
(n) Scalpel with both 10 and 11 blades
(o) 0.1 molar HCl
(p) Decalcifying solution (Baxter Scientific Products)
Ethylenediaminetetraacetic Acid,
Tetrasodium......................................................0.7 g/l
Sodium Potassium Tartrate...................................8.0 mg/liter
Hydrochloric Acid...........................................99.2 g/liter
Sodium Tartrate.............................................0.14 g/liter
(q) Tetrahydrofuran (THF)
(r) Hotplate capable of 60 [deg]C
(s) Balance
(t) Hacksaw blade
(u) Ruby mortar and pestle
3.3. Sample Pre-Preparation
Sample preparation begins with pre-preparation which may include
chemical reduction of the matrix, heating the sample to dryness or
heating in the muffle furnace. The end result is a sample which has been
reduced to a powder that is sufficiently fine to fit under the cover
slip. Analyze different phases of samples separately, e.g., tile and the
tile mastic should be analyzed separately as the mastic may contain
asbestos while the tile may not.
(a) Wet Samples
Samples with a high water content will not give the proper
dispersion colors and must be dried prior to sample mounting. Remove the
lid of the scintillation vial, place the bottle in the drying oven and
heat at 100 [deg]C to dryness (usually about 2 h). Samples which are not
submitted to the lab in glass must be removed and placed in glass vials
or aluminum weighing pans before placing them in the drying oven.
(b) Samples With Organic Interference--Muffle Furnace
These may include samples with tar as a matrix, vinyl asbestos tile,
or any other organic that can be reduced by heating. Remove the sample
from the vial and weigh in a balance to determine the weight of the
submitted portion. Place the sample in a muffle furnace at 500 [deg]C
for 1 to 2 h or until all obvious organic material has been removed.
Retrieve, cool and weigh again to determine the weight loss on ignition.
This is necessary to determine the asbestos content of the submitted
sample, because the analyst will be looking at a reduced sample.
Notes: Heating above 600 [deg]C will cause the sample to undergo a
structural change which, given sufficient time, will convert the
chrysotile to forsterite. Heating even at lower temperatures for 1 to 2
h may have a measurable effect on the optical properties of the
minerals. If the analyst is unsure of what to expect, a sample of
standard asbestos should be heated to the same temperature for the same
length of time so that it can be examined for the proper interpretation.
(c) Samples With Organic Interference--THF
Vinyl asbestos tile is the most common material treated with this
solvent, although,
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substances containing tar will sometimes yield to this treatment. Select
a portion of the material and then grind it up if possible. Weigh the
sample and place it in a test tube. Add sufficient THF to dissolve the
organic matrix. This is usually about 4 to 5 mL. Remember, THF is highly
flammable. Filter the remaining material through a tared silver
membrane, dry and weigh to determine how much is left after the solvent
extraction. Further process the sample to remove carbonate or mount
directly.
(d) Samples With Carbonate Interference
Carbonate material is often found on fibers and sometimes must be
removed in order to perform dispersion microscopy. Weigh out a portion
of the material and place it in a test tube. Add a sufficient amount of
0.1 M HCl or decalcifying solution in the tube to react all the
carbonate as evidenced by gas formation; i.e., when the gas bubbles
stop, add a little more solution. If no more gas forms, the reaction is
complete. Filter the material out through a tared silver membrane, dry
and weigh to determine the weight lost.
3.4. Sample Preparation
Samples must be prepared so that accurate determination can be made
of the asbestos type and amount present. The following steps are carried
out in the low-flow hood (a low-flow hood has less than 50 fpm flow):
(1) If the sample has large lumps, is hard, or cannot be made to lie
under a cover slip, the grain size must be reduced. Place a small amount
between two slides and grind the material between them or grind a small
amount in a clean mortar and pestle. The choice of whether to use an
alumina, ruby, or diamond mortar depends on the hardness of the
material. Impact damage can alter the asbestos mineral if too much
mechanical shock occurs. (Freezer mills can completely destroy the
observable crystallinity of asbestos and should not be used). For some
samples, a portion of material can be shaved off with a scalpel, ground
off with a hand grinder or hack saw blade.
The preparation tools should either be disposable or cleaned
thoroughly. Use vigorous scrubbing to loosen the fibers during the
washing. Rinse the implements with copious amounts of water and air-dry
in a dust-free environment.
(2) If the sample is powder or has been reduced as in 1) above, it
is ready to mount. Place a glass slide on a piece of optical tissue and
write the identification on the painted or frosted end. Place two drops
of index of refraction medium n=1.550 on the slide. (The medium n=1.550
is chosen because it is the matching index for chrysotile. Dip the end
of a clean paper-clip or dissecting needle into the droplet of
refraction medium on the slide to moisten it. Then dip the probe into
the powder sample. Transfer what sticks on the probe to the slide. The
material on the end of the probe should have a diameter of about 3 mm
for a good mount. If the material is very fine, less sample may be
appropriate. For non-powder samples such as fiber mats, forceps should
be used to transfer a small amount of material to the slide. Stir the
material in the medium on the slide, spreading it out and making the
preparation as uniform as possible. Place a cover-slip on the
preparation by gently lowering onto the slide and allowing it to fall
``trapdoor'' fashion on the preparation to push out any bubbles. Press
gently on the cover slip to even out the distribution of particulate on
the slide. If there is insufficient mounting oil on the slide, one or
two drops may be placed near the edge of the coverslip on the slide.
Capillary action will draw the necessary amount of liquid into the
preparation. Remove excess oil with the point of a laboratory wiper.
Treat at least two different areas of each phase in this fashion.
Choose representative areas of the sample. It may be useful to select
particular areas or fibers for analysis. This is useful to identify
asbestos in severely inhomogeneous samples.
When it is determined that amphiboles may be present, repeat the
above process using the appropriate high- dispersion oils until an
identification is made or all six asbestos minerals have been ruled out.
Note that percent determination must be done in the index medium 1.550
because amphiboles tend to disappear in their matching mediums.
3.5. Analytical procedure
Note: This method presumes some knowledge of mineralogy and optical
petrography.
The analysis consists of three parts: The determination of whether
there is asbestos present, what type is present and the determination of
how much is present. The general flow of the analysis is:
(1) Gross examination.
(2) Examination under polarized light on the stereo microscope.
(3) Examination by phase-polar illumination on the compound phase
microscope.
(4) Determination of species by dispersion stain. Examination by
Becke line analysis may also be used; however, this is usually more
cumbersome for asbestos determination.
(5) Difficult samples may need to be analyzed by SEM or TEM, or the
results from those techniques combined with light microscopy for a
definitive identification. Identification of a particle as asbestos
requires that it be asbestiform. Description of particles should follow
the suggestion of Campbell. (Figure 1)
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[GRAPHIC] [TIFF OMITTED] TR10AU94.024
For the purpose of regulation, the mineral must be one of the six
minerals covered and must be in the asbestos growth habit. Large
specimen samples of asbestos generally have the gross appearance of
wood. Fibers are easily parted from it. Asbestos fibers are very long
compared with their widths. The fibers
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have a very high tensile strength as demonstrated by bending without
breaking. Asbestos fibers exist in bundles that are easily parted, show
longitudinal fine structure and may be tufted at the ends showing
``bundle of sticks'' morphology. In the microscope some of these
properties may not be observable. Amphiboles do not always show
striations along their length even when they are asbestos. Neither will
they always show tufting. They generally do not show a curved nature
except for very long fibers. Asbestos and asbestiform minerals are
usually characterized in groups by extremely high aspect ratios (greater
than 100:1). While aspect ratio analysis is useful for characterizing
populations of fibers, it cannot be used to identify individual fibers
of intermediate to short aspect ratio. Observation of many fibers is
often necessary to determine whether a sample consists of ``cleavage
fragments'' or of asbestos fibers.
Most cleavage fragments of the asbestos minerals are easily
distinguishable from true asbestos fibers. This is because true cleavage
fragments usually have larger diameters than 1 [micro]m. Internal
structure of particles larger than this usually shows them to have no
internal fibrillar structure. In addition, cleavage fragments of the
monoclinic amphiboles show inclined extinction under crossed polars with
no compensator. Asbestos fibers usually show extinction at zero degrees
or ambiguous extinction if any at all. Morphologically, the larger
cleavage fragments are obvious by their blunt or stepped ends showing
prismatic habit. Also, they tend to be acicular rather than filiform.
Where the particles are less than 1 [micro]m in diameter and have an
aspect ratio greater than or equal to 3:1, it is recommended that the
sample be analyzed by SEM or TEM if there is any question whether the
fibers are cleavage fragments or asbestiform particles.
Care must be taken when analyzing by electron microscopy because the
interferences are different from those in light microscopy and may
structurally be very similar to asbestos. The classic interference is
between anthophyllite and biopyribole or intermediate fiber. Use the
same morphological clues for electron microscopy as are used for light
microscopy, e.g. fibril splitting, internal longitudinal striation,
fraying, curvature, etc.
(1) Gross examination:
Examine the sample, preferably in the glass vial. Determine the
presence of any obvious fibrous component. Estimate a percentage based
on previous experience and current observation. Determine whether any
pre-preparation is necessary. Determine the number of phases present.
This step may be carried out or augmented by observation at 6 to 40x
under a stereo microscope.
(2) After performing any necessary pre-preparation, prepare slides
of each phase as described above. Two preparations of the same phase in
the same index medium can be made side-by-side on the same glass for
convenience. Examine with the polarizing stereo microscope. Estimate the
percentage of asbestos based on the amount of birefringent fiber
present.
(3) Examine the slides on the phase-polar microscopes at
magnifications of 160 and 400x. Note the morphology of the fibers. Long,
thin, very straight fibers with little curvature are indicative of
fibers from the amphibole family. Curved, wavy fibers are usually
indicative of chrysotile. Estimate the percentage of asbestos on the
phase-polar microscope under conditions of crossed polars and a gypsum
plate. Fibers smaller than 1.0 [micro]m in thickness must be identified
by inference to the presence of larger, identifiable fibers and
morphology. If no larger fibers are visible, electron microscopy should
be performed. At this point, only a tentative identification can be
made. Full identification must be made with dispersion microscopy.
Details of the tests are included in the appendices.
(4) Once fibers have been determined to be present, they must be
identified. Adjust the microscope for dispersion mode and observe the
fibers. The microscope has a rotating stage, one polarizing element, and
a system for generating dark-field dispersion microscopy (see Section
4.6. of this appendix). Align a fiber with its length parallel to the
polarizer and note the color of the Becke lines. Rotate the stage to
bring the fiber length perpendicular to the polarizer and note the
color. Repeat this process for every fiber or fiber bundle examined. The
colors must be consistent with the colors generated by standard asbestos
reference materials for a positive identification. In n=1.550,
amphiboles will generally show a yellow to straw-yellow color indicating
that the fiber indices of refraction are higher than the liquid. If
long, thin fibers are noted and the colors are yellow, prepare further
slides as above in the suggested matching liquids listed below:
------------------------------------------------------------------------
Type of asbestos Index of refraction
------------------------------------------------------------------------
Chrysotile.......................... n=1.550.
Amosite............................. n=1.670 or 1.680.
Crocidolite......................... n=1.690.
Anthophyllite....................... n=1.605 and 1.620.
Tremolite........................... n=1.605 and 1.620.
Actinolite.......................... n=1.620.
------------------------------------------------------------------------
Where more than one liquid is suggested, the first is preferred;
however, in some cases this liquid will not give good dispersion color.
Take care to avoid interferences in the other liquid; e.g., wollastonite
in n=1.620 will give the same colors as tremolite. In n=1.605
wollastonite will appear yellow in all directions. Wollastonite may be
determined under crossed polars as it will change from blue to
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yellow as it is rotated along its fiber axis by tapping on the cover
slip. Asbestos minerals will not change in this way.
Determination of the angle of extinction may, when present, aid in
the determination of anthophyllite from tremolite. True asbestos fibers
usually have 0[deg] extinction or ambiguous extinction, while cleavage
fragments have more definite extinction.
Continue analysis until both preparations have been examined and all
present species of asbestos are identified. If there are no fibers
present, or there is less than 0.1% present, end the analysis with the
minimum number of slides (2).
(5) Some fibers have a coating on them which makes dispersion
microscopy very difficult or impossible. Becke line analysis or electron
microscopy may be performed in those cases. Determine the percentage by
light microscopy. TEM analysis tends to overestimate the actual
percentage present.
(6) Percentage determination is an estimate of occluded area,
tempered by gross observation. Gross observation information is used to
make sure that the high magnification microscopy does not greatly over-
or under-estimate the amount of fiber present. This part of the analysis
requires a great deal of experience. Satisfactory models for asbestos
content analysis have not yet been developed, although some models based
on metallurgical grain-size determination have found some utility.
Estimation is more easily handled in situations where the grain sizes
visible at about 160x are about the same and the sample is relatively
homogeneous.
View all of the area under the cover slip to make the percentage
determination. View the fields while moving the stage, paying attention
to the clumps of material. These are not usually the best areas to
perform dispersion microscopy because of the interference from other
materials. But, they are the areas most likely to represent the accurate
percentage in the sample. Small amounts of asbestos require slower
scanning and more frequent analysis of individual fields.
Report the area occluded by asbestos as the concentration. This
estimate does not generally take into consideration the difference in
density of the different species present in the sample. For most samples
this is adequate. Simulation studies with similar materials must be
carried out to apply microvisual estimation for that purpose and is
beyond the scope of this procedure.
(7) Where successive concentrations have been made by chemical or
physical means, the amount reported is the percentage of the material in
the ``as submitted'' or original state. The percentage determined by
microscopy is multiplied by the fractions remaining after pre-
preparation steps to give the percentage in the original sample. For
example:
Step 1. 60% remains after heating at 550 [deg]C for 1 h.
Step 2. 30% of the residue of step 1 remains after dissolution of
carbonate in 0.1 m HCl.
Step 3. Microvisual estimation determines that 5% of the sample is
chrysotile asbestos.
The reported result is:
R = (Microvisual result in percent)x(Fraction remaining after step
2)x(Fraction remaining of original sample after step 1)
R = (5)x(.30)x(.60) = 0.9%
(8) Report the percent and type of asbestos present. For samples
where asbestos was identified, but is less than 1.0%, report ``Asbestos
present, less than 1.0%.'' There must have been at least two observed
fibers or fiber bundles in the two preparations to be reported as
present. For samples where asbestos was not seen, report as ``None
Detected.''
4. Auxiliary Information
Because of the subjective nature of asbestos analysis, certain
concepts and procedures need to be discussed in more depth. This
information will help the analyst understand why some of the procedures
are carried out the way they are.
4.1. Light
Light is electromagnetic energy. It travels from its source in
packets called quanta. It is instructive to consider light as a plane
wave. The light has a direction of travel. Perpendicular to this and
mutually perpendicular to each other, are two vector components. One is
the magnetic vector and the other is the electric vector. We shall only
be concerned with the electric vector. In this description, the
interaction of the vector and the mineral will describe all the
observable phenomena. From a light source such a microscope illuminator,
light travels in all different direction from the filament.
In any given direction away from the filament, the electric vector
is perpendicular to the direction of travel of a light ray. While
perpendicular, its orientation is random about the travel axis. If the
electric vectors from all the light rays were lined up by passing the
light through a filter that would only let light rays with electric
vectors oriented in one direction pass, the light would then be
POLARIZED.
Polarized light interacts with matter in the direction of the
electric vector. This is the polarization direction. Using this property
it is possible to use polarized light to probe different materials and
identify them by how they interact with light. The speed of light in a
vacuum is a constant at about 2.99x10 \8\ m/s. When light travels in
different materials such as air, water, minerals or oil, it does not
travel at this speed. It travels slower. This slowing is a function of
both the
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material through which the light is traveling and the wavelength or
frequency of the light. In general, the more dense the material, the
slower the light travels. Also, generally, the higher the frequency, the
slower the light will travel. The ratio of the speed of light in a
vacuum to that in a material is called the index of refraction (n). It
is usually measured at 589 nm (the sodium D line). If white light (light
containing all the visible wavelengths) travels through a material, rays
of longer wavelengths will travel faster than those of shorter
wavelengths, this separation is called dispersion. Dispersion is used as
an identifier of materials as described in Section 4.6.
4.2. Material Properties
Materials are either amorphous or crystalline. The difference
between these two descriptions depends on the positions of the atoms in
them. The atoms in amorphous materials are randomly arranged with no
long range order. An example of an amorphous material is glass. The
atoms in crystalline materials, on the other hand, are in regular arrays
and have long range order. Most of the atoms can be found in highly
predictable locations. Examples of crystalline material are salt, gold,
and the asbestos minerals.
It is beyond the scope of this method to describe the different
types of crystalline materials that can be found, or the full
description of the classes into which they can fall. However, some
general crystallography is provided below to give a foundation to the
procedures described.
With the exception of anthophyllite, all the asbestos minerals
belong to the monoclinic crystal type. The unit cell is the basic
repeating unit of the crystal and for monoclinic crystals can be
described as having three unequal sides, two 90[deg] angles and one
angle not equal to 90[deg]. The orthorhombic group, of which
anthophyllite is a member has three unequal sides and three 90[deg]
angles. The unequal sides are a consequence of the complexity of fitting
the different atoms into the unit cell. Although the atoms are in a
regular array, that array is not symmetrical in all directions. There is
long range order in the three major directions of the crystal. However,
the order is different in each of the three directions. This has the
effect that the index of refraction is different in each of the three
directions. Using polarized light, we can investigate the index of
refraction in each of the directions and identify the mineral or
material under investigation. The indices [alpha], [beta], and [gamma]
are used to identify the lowest, middle, and highest index of refraction
respectively. The x direction, associated with [alpha] is called the
fast axis. Conversely, the z direction is associated with [gamma] and is
the slow direction. Crocidolite has [alpha] along the fiber length
making it ``length-fast''. The remainder of the asbestos minerals have
the [gamma] axis along the fiber length. They are called ``length-
slow''. This orientation to fiber length is used to aid in the
identification of asbestos.
4.3. Polarized Light Technique
Polarized light microscopy as described in this section uses the
phase-polar microscope described in Section 3.2. A phase contrast
microscope is fitted with two polarizing elements, one below and one
above the sample. The polarizers have their polarization directions at
right angles to each other. Depending on the tests performed, there may
be a compensator between these two polarizing elements. Light emerging
from a polarizing element has its electric vector pointing in the
polarization direction of the element. The light will not be
subsequently transmitted through a second element set at a right angle
to the first element. Unless the light is altered as it passes from one
element to the other, there is no transmission of light.
4.4. Angle of Extinction
Crystals which have different crystal regularity in two or three
main directions are said to be anisotropic. They have a different index
of refraction in each of the main directions. When such a crystal is
inserted between the crossed polars, the field of view is no longer dark
but shows the crystal in color. The color depends on the properties of
the crystal. The light acts as if it travels through the crystal along
the optical axes. If a crystal optical axis were lined up along one of
the polarizing directions (either the polarizer or the analyzer) the
light would appear to travel only in that direction, and it would blink
out or go dark. The difference in degrees between the fiber direction
and the angle at which it blinks out is called the angle of extinction.
When this angle can be measured, it is useful in identifying the
mineral. The procedure for measuring the angle of extinction is to first
identify the polarization direction in the microscope. A commercial
alignment slide can be used to establish the polarization directions or
use anthophyllite or another suitable mineral. This mineral has a zero
degree angle of extinction and will go dark to extinction as it aligns
with the polarization directions. When a fiber of anthophyllite has gone
to extinction, align the eyepiece reticle or graticule with the fiber so
that there is a visual cue as to the direction of polarization in the
field of view. Tape or otherwise secure the eyepiece in this position so
it will not shift.
After the polarization direction has been identified in the field of
view, move the particle of interest to the center of the field of
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view and align it with the polarization direction. For fibers, align the
fiber along this direction. Note the angular reading of the rotating
stage. Looking at the particle, rotate the stage until the fiber goes
dark or ``blinks out''. Again note the reading of the stage. The
difference in the first reading and the second is an angle of
extinction.
The angle measured may vary as the orientation of the fiber changes
about its long axis. Tables of mineralogical data usually report the
maximum angle of extinction. Asbestos forming minerals, when they
exhibit an angle of extinction, usually do show an angle of extinction
close to the reported maximum, or as appropriate depending on the
substitution chemistry.
4.5. Crossed Polars With Compensator
When the optical axes of a crystal are not lined up along one of the
polarizing directions (either the polarizer or the analyzer) part of the
light travels along one axis and part travels along the other visible
axis. This is characteristic of birefringent materials.
The color depends on the difference of the two visible indices of
refraction and the thickness of the crystal. The maximum difference
available is the difference between the [alpha] and the [gamma] axes.
This maximum difference is usually tabulated as the birefringence of the
crystal.
For this test, align the fiber at 45[deg] to the polarization
directions in order to maximize the contribution to each of the optical
axes. The colors seen are called retardation colors. They arise from the
recombination of light which has traveled through the two separate
directions of the crystal. One of the rays is retarded behind the other
since the light in that direction travels slower. On recombination, some
of the colors which make up white light are enhanced by constructive
interference and some are suppressed by destructive interference. The
result is a color dependent on the difference between the indices and
the thickness of the crystal. The proper colors, thicknesses, and
retardations are shown on a Michel-Levy chart. The three items,
retardation, thickness and birefringence are related by the following
relationship:
R = t(n[gamma]--[alpha])
R = retardation, t = crystal thickness in [micro]m, and
[alpha],[gamma] = indices of refraction.
Examination of the equation for asbestos minerals reveals that the
visible colors for almost all common asbestos minerals and fiber sizes
are shades of gray and black. The eye is relatively poor at
discriminating different shades of gray. It is very good at
discriminating different colors. In order to compensate for the low
retardation, a compensator is added to the light train between the
polarization elements. The compensator used for this test is a gypsum
plate of known thickness and birefringence. Such a compensator when
oriented at 45[deg] to the polarizer direction, provides a retardation
of 530 nm of the 530 nm wavelength color. This enhances the red color
and gives the background a characteristic red to red-magenta color. If
this ``full-wave'' compensator is in place when the asbestos preparation
is inserted into the light train, the colors seen on the fibers are
quite different. Gypsum, like asbestos has a fast axis and a slow axis.
When a fiber is aligned with its fast axis in the same direction as the
fast axis of the gypsum plate, the ray vibrating in the slow direction
is retarded by both the asbestos and the gypsum. This results in a
higher retardation than would be present for either of the two minerals.
The color seen is a second order blue. When the fiber is rotated 90[deg]
using the rotating stage, the slow direction of the fiber is now aligned
with the fast direction of the gypsum and the fast direction of the
fiber is aligned with the slow direction of the gypsum. Thus, one ray
vibrates faster in the fast direction of the gypsum, and slower in the
slow direction of the fiber; the other ray will vibrate slower in the
slow direction of the gypsum and faster in the fast direction of the
fiber. In this case, the effect is subtractive and the color seen is a
first order yellow. As long as the fiber thickness does not add
appreciably to the color, the same basic colors will be seen for all
asbestos types except crocidolite. In crocidolite the colors will be
weaker, may be in the opposite directions, and will be altered by the
blue absorption color natural to crocidolite. Hundreds of other
materials will give the same colors as asbestos, and therefore, this
test is not definitive for asbestos. The test is useful in
discriminating against fiberglass or other amorphous fibers such as some
synthetic fibers. Certain synthetic fibers will show retardation colors
different than asbestos; however, there are some forms of polyethylene
and aramid which will show morphology and retardation colors similar to
asbestos minerals. This test must be supplemented with a positive
identification test when birefringent fibers are present which can not
be excluded by morphology. This test is relatively ineffective for use
on fibers less than 1 [micro]m in diameter. For positive confirmation
TEM or SEM should be used if no larger bundles or fibers are visible.
4.6. Dispersion Staining
Dispersion microscopy or dispersion staining is the method of choice
for the identification of asbestos in bulk materials. Becke line
analysis is used by some laboratories and yields the same results as
does dispersion staining for asbestos and can be used in lieu of
dispersion staining. Dispersion staining is performed on the same
platform as the
[[Page 201]]
phase-polar analysis with the analyzer and compensator removed. One
polarizing element remains to define the direction of the light so that
the different indices of refraction of the fibers may be separately
determined. Dispersion microscopy is a dark-field technique when used
for asbestos. Particles are imaged with scattered light. Light which is
unscattered is blocked from reaching the eye either by the back field
image mask in a McCrone objective or a back field image mask in the
phase condenser. The most convenient method is to use the rotating phase
condenser to move an oversized phase ring into place. The ideal size for
this ring is for the central disk to be just larger than the objective
entry aperture as viewed in the back focal plane. The larger the disk,
the less scattered light reaches the eye. This will have the effect of
diminishing the intensity of dispersion color and will shift the actual
color seen. The colors seen vary even on microscopes from the same
manufacturer. This is due to the different bands of wavelength exclusion
by different mask sizes. The mask may either reside in the condenser or
in the objective back focal plane. It is imperative that the analyst
determine by experimentation with asbestos standards what the
appropriate colors should be for each asbestos type. The colors depend
also on the temperature of the preparation and the exact chemistry of
the asbestos. Therefore, some slight differences from the standards
should be allowed. This is not a serious problem for commercial asbestos
uses. This technique is used for identification of the indices of
refraction for fibers by recognition of color. There is no direct
numerical readout of the index of refraction. Correlation of color to
actual index of refraction is possible by referral to published
conversion tables. This is not necessary for the analysis of asbestos.
Recognition of appropriate colors along with the proper morphology are
deemed sufficient to identify the commercial asbestos minerals. Other
techniques including SEM, TEM, and XRD may be required to provide
additional information in order to identify other types of asbestos.
Make a preparation in the suspected matching high dispersion oil,
e.g., n=1.550 for chrysotile. Perform the preliminary tests to determine
whether the fibers are birefringent or not. Take note of the
morphological character. Wavy fibers are indicative of chrysotile while
long, straight, thin, frayed fibers are indicative of amphibole
asbestos. This can aid in the selection of the appropriate matching oil.
The microscope is set up and the polarization direction is noted as in
Section 4.4. Align a fiber with the polarization direction. Note the
color. This is the color parallel to the polarizer. Then rotate the
fiber rotating the stage 90[deg] so that the polarization direction is
across the fiber. This is the perpendicular position. Again note the
color. Both colors must be consistent with standard asbestos minerals in
the correct direction for a positive identification of asbestos. If only
one of the colors is correct while the other is not, the identification
is not positive. If the colors in both directions are bluish-white, the
analyst has chosen a matching index oil which is higher than the correct
matching oil, e.g. the analyst has used n = 1.620 where chrysotile is
present. The next lower oil (Section 3.5.) should be used to prepare
another specimen. If the color in both directions is yellow-white to
straw-yellow-white, this indicates that the index of the oil is lower
than the index of the fiber, e.g. the preparation is in n = 1.550 while
anthophyllite is present. Select the next higher oil (Section 3.5.) and
prepare another slide. Continue in this fashion until a positive
identification of all asbestos species present has been made or all
possible asbestos species have been ruled out by negative results in
this test. Certain plant fibers can have similar dispersion colors as
asbestos. Take care to note and evaluate the morphology of the fibers or
remove the plant fibers in pre-preparation. Coating material on the
fibers such as carbonate or vinyl may destroy the dispersion color.
Usually, there will be some outcropping of fiber which will show the
colors sufficient for identification. When this is not the case, treat
the sample as described in Section 3.3. and then perform dispersion
staining. Some samples will yield to Becke line analysis if they are
coated or electron microscopy can be used for identification.
5. References
5.1. Crane, D.T., Asbestos in Air, OSHA method ID160, Revised
November 1992.
5.2. Ford, W.E., Dana's Textbook of Mineralogy; Fourth Ed.; John
Wiley and Son, New York, 1950, p. vii.
5.3. Selikoff,.I.J., Lee, D.H.K., Asbestos and Disease, Academic
Press, New York, 1978, pp. 3, 20.
5.4. Women Inspectors of Factories. Annual Report for 1898, H.M.
Statistical Office, London, p. 170 (1898).
5.5. Selikoff,.I.J., Lee, D.H.K., Asbestos and Disease, Academic
Press, New York, 1978, pp. 26, 30.
5.6. Campbell, W.J., et al, Selected Silicate Minerals and Their
Asbestiform Varieties, United States Department of the Interior, Bureau
of Mines, Information Circular 8751, 1977.
5.7. Asbestos, Code of Federal Regulations, 29 CFR 1910.1001 and 29
CFR 1926.58.
5.8. National Emission Standards for Hazardous Air Pollutants;
Asbestos NESHAP Revision, Federal Register, Vol. 55, No. 224, 20
November 1990, p. 48410.
5.9. Ross, M. The Asbestos Minerals: Definitions, Description, Modes
of Formation, Physical and Chemical Properties and Health Risk to
[[Page 202]]
the Mining Community, Nation Bureau of Standards Special Publication,
Washington, D.C., 1977.
5.10. Lilis, R., Fibrous Zeolites and Endemic Mesothelioma in
Cappadocia, Turkey, J. Occ Medicine, 1981, 23, (8) ,548-550.
5.11. Occupational Exposure to Asbestos--1972, U.S. Department of
Health Education and Welfare, Public Health Service, Center for Disease
Control, National Institute for Occupational Safety and Health, HSM-72-
10267.
5.12. Campbell,W.J., et al, Relationship of Mineral Habit to Size
Characteristics for Tremolite Fragments and Fibers, United States
Department of the Interior, Bureau of Mines, Information Circular 8367,
1979.
5.13. Mefford, D., DCM Laboratory, Denver, private communication,
July 1987.
5.14. Deer, W.A., Howie, R.A., Zussman, J., Rock Forming Minerals,
Longman, Thetford, UK, 1974.
5.15. Kerr, P.F., Optical Mineralogy; Third Ed. McGraw-Hill, New
York, 1959.
5.16. Veblen, D.R. (Ed.), Amphiboles and Other Hydrous Pyriboles--
Mineralogy, Reviews in Mineralogy, Vol 9A, Michigan, 1982, pp 1-102.
5.17. Dixon, W.C., Applications of Optical Microscopy in the
Analysis of Asbestos and Quartz, ACS Symposium Series, No. 120,
Analytical Techniques in Occupational Health Chemistry, 1979.
5.18. Polarized Light Microscopy, McCrone Research Institute,
Chicago, 1976.
5.19. Asbestos Identification, McCrone Research Institute, G & G
printers, Chicago, 1987.
5.20. McCrone, W.C., Calculation of Refractive Indices from
Dispersion Staining Data, The Microscope, No 37, Chicago, 1989.
5.21. Levadie, B. (Ed.), Asbestos and Other Health Related
Silicates, ASTM Technical Publication 834, ASTM, Philadelphia 1982.
5.22. Steel, E. and Wylie, A., Riordan, P.H. (Ed.), Mineralogical
Characteristics of Asbestos, Geology of Asbestos Deposits, pp. 93-101,
SME-AIME, 1981.
5.23. Zussman, J., The Mineralogy of Asbestos, Asbestos: Properties,
Applications and Hazards, pp. 45-67 Wiley, 1979.
Appendix L to Sec. 1915.1001--Work Practices and Engineering Controls
for Automotive Brake and Clutch Inspection, Disassembly, Repair and
Assembly--Mandatory
This mandatory appendix specifies engineering controls and work
practices that must be implemented by the employer during automotive
brake and clutch inspection, disassembly, repair, and assembly
operations. Proper use of these engineering controls and work practices
by trained employees will reduce employees' asbestos exposure below the
permissible exposure level during clutch and brake inspection,
disassembly, repair, and assembly operations. The employer shall
institute engineering controls and work practices using either the
method set forth in paragraph [A] or paragraph [B] of this appendix, or
any other method which the employer can demonstrate to be equivalent in
terms of reducing employee exposure to asbestos as defined and which
meets the requirements described in paragraph [C] of this appendix, for
those facilities in which no more than 5 pairs of brakes or 5 clutches
are inspected, disassembled, reassembled and/or repaired per week, the
method set forth in paragraph [D] of this appendix may be used:
[A] Negative Pressure Enclosure/HEPA Vacuum System Method
(1) The brake and clutch inspection, disassembly, repair, and
assembly operations shall be enclosed to cover and contain the clutch or
brake assembly and to prevent the release of asbestos fibers into the
worker's breathing zone.
(2) The enclosure shall be sealed tightly and thoroughly inspected
for leaks before work begins on brake and clutch inspection,
disassembly, repair, and assembly.
(3) The enclosure shall be such that the worker can clearly see the
operation and shall provide impermeable sleeves through which the worker
can handle the brake and clutch inspection, disassembly, repair and
assembly. The integrity of the sleeves and ports shall be examined
before work begins.
(4) A HEPA-filtered vacuum shall be employed to maintain the
enclosure under negative pressure throughout the operation. Compressed-
air may be used to remove asbestos fibers or particles from the
enclosure.
(5) The HEPA vacuum shall be used first to loosen the asbestos
containing residue from the brake and clutch parts and then to evacuate
the loosened asbestos containing material from the enclosure and capture
the material in the vacuum filter.
(6) The vacuum's filter, when full, shall be first wetted with a
fine mist of water, then removed and placed immediately in an
impermeable container, labeled according to paragraph (k)(8) of this
section and disposed of according to paragraph (l) of this section.
(7) Any spills or releases of asbestos containing waste material
from inside of the enclosure or vacuum hose or vacuum filter shall be
immediately cleaned up and disposed of according to paragraph (l) of the
section.
[B] Low Pressure/Wet Cleaning Method
(1) A catch basin shall be placed under the brake assembly,
positioned to avoid splashes and spills.
(2) The reservoir shall contain water containing an organic solvent
or wetting agent. The flow of liquid shall be controlled such that the
brake assembly is gently flooded to
[[Page 203]]
prevent the asbestos-containing brake dust from becoming airborne.
(3) The aqueous solution shall be allowed to flow between the brake
drum and brake support before the drum is removed.
(4) After removing the brake drum, the wheel hub and back of the
brake assembly shall be thoroughly wetted to suppress dust.
(5) The brake support plate, brake shoes and brake components used
to attach the brake shoes shall be thoroughly washed before removing the
old shoes.
(6) In systems using filters, the filters, when full, shall be first
wetted with a fine mist of water, then removed and placed immediately in
an impermeable container, labeled according to paragraph (k)(8) of this
section and disposed of according to paragraph (l) of this section.
(7) Any spills of asbestos-containing aqueous solution or any
asbestos-containing waste material shall be cleaned up immediately and
disposed of according to paragraph (l) of this section.
(8) The use of dry brushing during low pressure/wet cleaning
operations is prohibited.
[C] Equivalent Methods
An equivalent method is one which has sufficient written detail so
that it can be reproduced and has been demonstrated that the exposures
resulting from the equivalent method are equal to or less than the
exposures which would result from the use of the method described in
paragraph [A] of this appendix. For purposes of making this comparison,
the employer shall assume that exposures resulting from the use of the
method described in paragraph [A] of this appendix shall not exceed
0.016 f/cc, as measured by the OSHA reference method and as averaged
over at least 18 personal samples.
[D] Wet Method
(1) A spray bottle, hose nozzle, or other implement capable of
delivering a fine mist of water or amended water or other delivery
system capable of delivering water at low pressure, shall be used to
first thoroughly wet the brake and clutch parts. Brake and clutch
components shall then be wiped clean with a cloth.
(2) The cloth shall be placed in an impermeable container, labelled
according to paragraph (k)(8) of this section and then disposed of
according to paragraph (l) of this section, or the cloth shall be
laundered in a way to prevent the release of asbestos fibers in excess
of 0.1 fiber per cubic centimeter of air.
(3) Any spills of solvent or any asbestos containing waste material
shall be cleaned up immediately according to paragraph (l) of this
section.
(4) The use of dry brushing during the wet method operations is
prohibited.
[59 FR 41080, Aug. 10, 1994, as amended at 60 FR 33344, June 28, 1995;
60 FR 33987-33995, June 29, 1995; 60 FR 36044, July 13, 1995; 60 FR
50412, Sept. 29, 1995; 61 FR 43457, Aug. 23, 1996; 63 FR 35137, June 29,
1998; 67 FR 44545, 44546, July 3, 2002; 70 FR 1143, Jan. 5, 2005; 71 FR
16674, Apr. 3, 2006; 71 FR 50191, Aug. 24, 2006; 73 FR 75587, Dec. 12,
2009; 76 FR 33610, June 8, 2011; 77 FR 17888, Mar. 26, 2012; 78 FR 9315,
Feb. 8, 2013]
Sec. 1915.1002 Coal tar pitch volatiles; interpretation of term.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1002 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1003 13 carcinogens (4-Nitrobiphenyl, etc.).
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1004 alpha-Naphthylamine.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1005 [Reserved]
Sec. 1915.1006 Methyl chloromethyl ether.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1007 3,3'-Dichlorobenzidiene (and its salts).
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1008 bis-Chloromethyl ether.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
[[Page 204]]
Sec. 1915.1009 beta-Naphthylamine.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1010 Benzidine.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1011 4-Aminodiphenyl.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1012 Ethyleneimine.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1013 beta-Propiolactone.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1014 2-Acetylaminofluorene.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1015 4-Dimethylaminoazobenzene.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1016 N-Nitrosodimethylamine.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1003 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1017 Vinyl chloride.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1017 of this
chapter.
[61 FR 31430, June 20, 1996]
Sec. 1915.1018 Inorganic arsenic.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1018 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1020 Access to employee exposure and medical records.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1020 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1025 Lead.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1025 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1026 Chromium (VI).
(a) Scope. (1) This standard applies to occupational exposures to
chromium (VI) in all forms and compounds in shipyards, marine terminals,
and longshoring, except:
(2) Exposures that occur in the application of pesticides regulated
by the Environmental Protection Agency or another Federal government
agency (e.g., the treatment of wood with preservatives);
(3) Exposures to portland cement; or
(4) Where the employer has objective data demonstrating that a
material containing chromium or a specific process, operation, or
activity involving chromium cannot release dusts, fumes, or mists of
chromium (VI) in concentrations at or above 0.5 [micro]gm/m\3\ as an 8-
hour time-weighted average (TWA) under any expected conditions of use.
(b) Definitions. For the purposes of this section the following
definitions apply:
Action level means a concentration of airborne chromium (VI) of 2.5
micrograms per cubic meter of air (2.5
[[Page 205]]
[micro]gm/m\3\) calculated as an 8-hour time-weighted average (TWA).
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or designee.
Chromium (VI) [hexavalent chromium or Cr(VI)] means chromium with a
valence of positive six, in any form and in any compound.
Director means the Director of the National Institute for
Occupational Safety and Health (NIOSH), U.S. Department of Health and
Human Services, or designee.
Emergency means any occurrence that results, or is likely to result,
in an uncontrolled release of chromium (VI). If an incidental release of
chromium (VI) can be controlled at the time of release by employees in
the immediate release area, or by maintenance personnel, it is not an
emergency.
Employee exposure means the exposure to airborne chromium (VI) that
would occur if the employee were not using a respirator.
High-efficiency particulate air [HEPA] filter means a filter that is
at least 99.97 percent efficient in removing mono-dispersed particles of
0.3 micrometers in diameter or larger.
Historical monitoring data means data from chromium (VI) monitoring
conducted prior to May 30, 2006, obtained during work operations
conducted under workplace conditions closely resembling the processes,
types of material, control methods, work practices, and environmental
conditions in the employer's current operations.
Objective data means information such as air monitoring data from
industry-wide surveys or calculations based on the composition or
chemical and physical properties of a substance demonstrating the
employee exposure to chromium (VI) associated with a particular product
or material or a specific process, operation, or activity. The data must
reflect workplace conditions closely resembling the processes, types of
material, control methods, work practices, and environmental conditions
in the employer's current operations.
Physician or other licensed health care professional [PLHCP] is an
individual whose legally permitted scope of practice (i.e., license,
registration, or certification) allows him or her to independently
provide or be delegated the responsibility to provide some or all of the
particular health care services required by paragraph (i) of this
section.
This section means this Sec. 1915.1026 chromium (VI) standard.
(c) Permissible exposure limit (PEL). The employer shall ensure that
no employee is exposed to an airborne concentration of chromium (VI) in
excess of 5 micrograms per cubic meter of air (5 [micro]gm/m\3\),
calculated as an 8-hour time-weighted average (TWA).
(d) Exposure determination--(1) General. Each employer who has a
workplace or work operation covered by this section shall determine the
8-hour TWA exposure for each employee exposed to chromium (VI). This
determination shall be made in accordance with either paragraph (d)(2)
or paragraph (d)(3) of this section.
(2) Scheduled monitoring option. (i) The employer shall perform
initial monitoring to determine the 8-hour TWA exposure for each
employee on the basis of a sufficient number of personal breathing zone
air samples to accurately characterize full shift exposure on each
shift, for each job classification, in each work area. Where an employer
does representative sampling instead of sampling all employees in order
to meet this requirement, the employer shall sample the employee(s)
expected to have the highest chromium (VI) exposures.
(ii) If initial monitoring indicates that employee exposures are
below the action level, the employer may discontinue monitoring for
those employees whose exposures are represented by such monitoring.
(iii) If monitoring reveals employee exposures to be at or above the
action level, the employer shall perform periodic monitoring at least
every six months.
(iv) If monitoring reveals employee exposures to be above the PEL,
the employer shall perform periodic monitoring at least every three
months.
(v) If periodic monitoring indicates that employee exposures are
below the action level, and the result is confirmed by the result of
another monitoring taken at least seven days later,
[[Page 206]]
the employer may discontinue the monitoring for those employees whose
exposures are represented by such monitoring.
(vi) The employer shall perform additional monitoring when there has
been any change in the production process, raw materials, equipment,
personnel, work practices, or control methods that may result in new or
additional exposures to chromium (VI), or when the employer has any
reason to believe that new or additional exposures have occurred.
(3) Performance-oriented option. The employer shall determine the 8-
hour TWA exposure for each employee on the basis of any combination of
air monitoring data, historical monitoring data, or objective data
sufficient to accurately characterize employee exposure to chromium
(VI).
(4) Employee notification of determination results. (i) Within 5
work days after making an exposure determination in accordance with
paragraph (d)(2) or paragraph (d)(3) of this section, the employer shall
individually notify each affected employee in writing of the results of
that determination or post the results in an appropriate location
accessible to all affected employees.
(ii) Whenever the exposure determination indicates that employee
exposure is above the PEL, the employer shall describe in the written
notification the corrective action being taken to reduce employee
exposure to or below the PEL.
(5) Accuracy of measurement. Where air monitoring is performed to
comply with the requirements of this section, the employer shall use a
method of monitoring and analysis that can measure chromium (VI) to
within an accuracy of plus or minus 25 percent (25%) and can produce accurate measurements to within a
statistical confidence level of 95 percent for airborne concentrations
at or above the action level.
(6) Observation of monitoring. (i) Where air monitoring is performed
to comply with the requirements of this section, the employer shall
provide affected employees or their designated representatives an
opportunity to observe any monitoring of employee exposure to chromium
(VI).
(ii) When observation of monitoring requires entry into an area
where the use of protective clothing or equipment is required, the
employer shall provide the observer with clothing and equipment and
shall assure that the observer uses such clothing and equipment and
complies with all other applicable safety and health procedures.
(e) Methods of compliance--(1) Engineering and work practice
controls. (i) Except as permitted in paragraph (e)(1)(ii) of this
section, the employer shall use engineering and work practice controls
to reduce and maintain employee exposure to chromium (VI) to or below
the PEL unless the employer can demonstrate that such controls are not
feasible. Wherever feasible engineering and work practice controls are
not sufficient to reduce employee exposure to or below the PEL, the
employer shall use them to reduce employee exposure to the lowest levels
achievable, and shall supplement them by the use of respiratory
protection that complies with the requirements of paragraph (f) of this
section.
(ii) Where the employer can demonstrate that a process or task does
not result in any employee exposure to chromium (VI) above the PEL for
30 or more days per year (12 consecutive months), the requirement to
implement engineering and work practice controls to achieve the PEL does
not apply to that process or task.
(2) Prohibition of rotation. The employer shall not rotate employees
to different jobs to achieve compliance with the PEL.
(f) Respiratory protection--(1) General. Where respiratory
protection is required by this section, the employer must provide each
employee an appropriate respirator that complies with the requirements
of this paragraph. Respiratory protection is required during:
(i) Periods necessary to install or implement feasible engineering
and work practice controls;
(ii) Work operations, such as maintenance and repair activities, for
which engineering and work practice controls are not feasible;
(iii) Work operations for which an employer has implemented all
feasible engineering and work practice controls
[[Page 207]]
and such controls are not sufficient to reduce exposures to or below the
PEL;
(iv) Work operations where employees are exposed above the PEL for
fewer than 30 days per year, and the employer has elected not to
implement engineering and work practice controls to achieve the PEL; or
(v) Emergencies.
(2) Respiratory protection program. Where respirator use is required
by this section, the employer shall institute a respiratory protection
program in accordance with Sec. 1910.134, which covers each employee
required to use a respirator.
(g) Protective work clothing and equipment--(1) Provision and use.
Where a hazard is present or is likely to be present from skin or eye
contact with chromium (VI), the employer shall provide appropriate
personal protective clothing and equipment at no cost to employees, and
shall ensure that employees use such clothing and equipment.
(2) Removal and storage. (i) The employer shall ensure that
employees remove all protective clothing and equipment contaminated with
chromium (VI) at the end of the work shift or at the completion of their
tasks involving chromium (VI) exposure, whichever comes first.
(ii) The employer shall ensure that no employee removes chromium
(VI)-contaminated protective clothing or equipment from the workplace,
except for those employees whose job it is to launder, clean, maintain,
or dispose of such clothing or equipment.
(iii) When contaminated protective clothing or equipment is removed
for laundering, cleaning, maintenance, or disposal, the employer shall
ensure that it is stored and transported in sealed, impermeable bags or
other closed, impermeable containers.
(iv) The employer shall ensure that bags or containers of
contaminated protective clothing or equipment that are removed from
change rooms for laundering, cleaning, maintenance, or disposal are
labeled in accordance with the requirements of the Hazard Communication
Standard, Sec. 1910.1200.
(3) Cleaning and replacement. (i) The employer shall clean, launder,
repair and replace all protective clothing and equipment required by
this section as needed to maintain its effectiveness.
(ii) The employer shall prohibit the removal of chromium (VI) from
protective clothing and equipment by blowing, shaking, or any other
means that disperses chromium (VI) into the air or onto an employee's
body.
(iii) The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with chromium (VI) of the
potentially harmful effects of exposure to chromium (VI) and that the
clothing and equipment should be laundered or cleaned in a manner that
minimizes skin or eye contact with chromium (VI) and effectively
prevents the release of airborne chromium (VI) in excess of the PEL.
(h) Hygiene areas and practices--(1) General. Where protective
clothing and equipment is required, the employer shall provide change
rooms in conformance with 29 CFR 1910.141. Where skin contact with
chromium (VI) occurs, the employer shall provide washing facilities in
conformance with 29 CFR 1915.97. Eating and drinking areas provided by
the employer shall also be in conformance with Sec. 1915.97.
(2) Change rooms. The employer shall assure that change rooms are
equipped with separate storage facilities for protective clothing and
equipment and for street clothes, and that these facilities prevent
cross-contamination.
(3) Washing facilities. (i) The employer shall provide readily
accessible washing facilities capable of removing chromium (VI) from the
skin, and shall ensure that affected employees use these facilities when
necessary.
(ii) The employer shall ensure that employees who have skin contact
with chromium (VI) wash their hands and faces at the end of the work
shift and prior to eating, drinking, smoking, chewing tobacco or gum,
applying cosmetics, or using the toilet.
(4) Eating and drinking areas. (i) Whenever the employer allows
employees to consume food or beverages at a worksite where chromium (VI)
is present, the employer shall ensure that eating and drinking areas and
surfaces are maintained as free as practicable of chromium (VI).
[[Page 208]]
(ii) The employer shall ensure that employees do not enter eating
and drinking areas with protective work clothing or equipment unless
surface chromium (VI) has been removed from the clothing and equipment
by methods that do not disperse chromium (VI) into the air or onto an
employee's body.
(5) Prohibited activities. The employer shall ensure that employees
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in
areas where skin or eye contact with chromium (VI) occurs; or carry the
products associated with these activities, or store such products in
these areas.
(i) Medical surveillance--(1) General. (i) The employer shall make
medical surveillance available at no cost to the employee, and at a
reasonable time and place, for all employees:
(A) Who are or may be occupationally exposed to chromium (VI) at or
above the action level for 30 or more days a year;
(B) Experiencing signs or symptoms of the adverse health effects
associated with chromium (VI) exposure; or
(C) Exposed in an emergency.
(ii) The employer shall assure that all medical examinations and
procedures required by this section are performed by or under the
supervision of a PLHCP.
(2) Frequency. The employer shall provide a medical examination:
(i) Within 30 days after initial assignment, unless the employee has
received a chromium (VI) related medical examination that meets the
requirements of this paragraph within the last twelve months;
(ii) Annually;
(iii) Within 30 days after a PLHCP's written medical opinion
recommends an additional examination;
(iv) Whenever an employee shows signs or symptoms of the adverse
health effects associated with chromium (VI) exposure;
(v) Within 30 days after exposure during an emergency which results
in an uncontrolled release of chromium (VI); or
(vi) At the termination of employment, unless the last examination
that satisfied the requirements of paragraph (i) of this section was
less than six months prior to the date of termination.
(3) Contents of examination. A medical examination consists of:
(i) A medical and work history, with emphasis on: past, present, and
anticipated future exposure to chromium (VI); any history of respiratory
system dysfunction; any history of asthma, dermatitis, skin ulceration,
or nasal septum perforation; and smoking status and history;
(ii) A physical examination of the skin and respiratory tract; and
(iii) Any additional tests deemed appropriate by the examining
PLHCP.
(4) Information provided to the PLHCP. The employer shall ensure
that the examining PLHCP has a copy of this standard, and shall provide
the following information:
(i) A description of the affected employee's former, current, and
anticipated duties as they relate to the employee's occupational
exposure to chromium (VI);
(ii) The employee's former, current, and anticipated levels of
occupational exposure to chromium (VI);
(iii) A description of any personal protective equipment used or to
be used by the employee, including when and for how long the employee
has used that equipment; and
(iv) Information from records of employment-related medical
examinations previously provided to the affected employee, currently
within the control of the employer.
(5) PLHCP's written medical opinion. (i) The employer shall obtain a
written medical opinion from the PLHCP, within 30 days for each medical
examination performed on each employee, which contains:
(A) The PLHCP's opinion as to whether the employee has any detected
medical condition(s) that would place the employee at increased risk of
material impairment to health from further exposure to chromium (VI);
(B) Any recommended limitations upon the employee's exposure to
chromium (VI) or upon the use of personal protective equipment such as
respirators;
(C) A statement that the PLHCP has explained to the employee the
results of the medical examination, including
[[Page 209]]
any medical conditions related to chromium (VI) exposure that require
further evaluation or treatment, and any special provisions for use of
protective clothing or equipment.
(ii) The PLHCP shall not reveal to the employer specific findings or
diagnoses unrelated to occupational exposure to chromium (VI).
(iii) The employer shall provide a copy of the PLHCP's written
medical opinion to the examined employee within two weeks after
receiving it.
(j) Communication of chromium (VI) hazards to employees--(1) Hazard
communication. The employer shall include chromium (VI) in the program
established to comply with the Hazard Communication Standard (HCS)
(Sec. 1910.1200). The employer shall ensure that each employee has
access to labels on containers of chromium (VI) and safety data sheets,
and is trained in accordance with the provisions of HCS and paragraph
(j)(2) of this section. The employer shall ensure that at least the
following hazards are addressed: Cancer; skin sensitization; and eye
irritation.
(2) Employee information and training. (i) The employer shall ensure
that each employee can demonstrate knowledge of at least the following:
(A) The contents of this section; and
(B) The purpose and a description of the medical surveillance
program required by paragraph (i) of this section.
(ii) The employer shall make a copy of this section readily
available without cost to all affected employees.
(k) Recordkeeping--(1) Air monitoring data. (i) The employer shall
maintain an accurate record of all air monitoring conducted to comply
with the requirements of this section.
(ii) This record shall include at least the following information:
(A) The date of measurement for each sample taken;
(B) The operation involving exposure to chromium (VI) that is being
monitored;
(C) Sampling and analytical methods used and evidence of their
accuracy;
(D) Number, duration, and the results of samples taken;
(E) Type of personal protective equipment, such as respirators worn;
and
(F) Name, social security number, and job classification of all
employees represented by the monitoring, indicating which employees were
actually monitored.
(iii) The employer shall ensure that exposure records are maintained
and made available in accordance with 29 CFR 1910.1020.
(2) Historical monitoring data. (i) Where the employer has relied on
historical monitoring data to determine exposure to chromium (VI), the
employer shall establish and maintain an accurate record of the
historical monitoring data relied upon.
(ii) The record shall include information that reflects the
following conditions:
(A) The data were collected using methods that meet the accuracy
requirements of paragraph (d)(5) of this section;
(B) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as
those to be used during the job for which exposure is being determined;
(C) The characteristics of the chromium (VI) containing material
being handled when the historical monitoring data were obtained are the
same as those on the job for which exposure is being determined;
(D) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the job for which
exposure is being determined; and
(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception.
(iii) The employer shall ensure that historical exposure records are
maintained and made available in accordance with 29 CFR 1910.1020.
(3) Objective data. (i) The employer shall maintain an accurate
record of all objective data relied upon to comply with the requirements
of this section.
(ii) This record shall include at least the following information:
(A) The chromium containing material in question;
(B) The source of the objective data;
[[Page 210]]
(C) The testing protocol and results of testing, or analysis of the
material for the release of chromium (VI);
(D) A description of the process, operation, or activity and how the
data support the determination; and
(E) Other data relevant to the process, operation, activity,
material, or employee exposures.
(iii) The employer shall ensure that objective data are maintained
and made available in accordance with 29 CFR 1910.1020.
(4) Medical surveillance. (i) The employer shall establish and
maintain an accurate record for each employee covered by medical
surveillance under paragraph (i) of this section.
(ii) The record shall include the following information about the
employee:
(A) Name and social security number;
(B) A copy of the PLHCP's written opinions;
(C) A copy of the information provided to the PLHCP as required by
paragraph (i)(4) of this section.
(iii) The employer shall ensure that medical records are maintained
and made available in accordance with 29 CFR 1910.1020.
(l) Dates. (1) For employers with 20 or more employees, all
obligations of this section, except engineering controls required by
paragraph (e) of this section, commence November 27, 2006.
(2) For employers with 19 or fewer employees, all obligations of
this section, except engineering controls required by paragraph (e) of
this section, commence May 30, 2007.
(3) For all employers, engineering controls required by paragraph
(e) of this section shall be implemented no later than May 31, 2010.
[71 FR 10378, Feb. 28, 2006, as amended at 73 FR 75587, Dec. 12, 2008;
75 FR 12686, Mar. 17, 2010; 77 FR 17889, Mar. 26, 2012]
Sec. 1915.1027 Cadmium.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1027 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1028 Benzene.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1028 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1030 Bloodborne pathogens.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1030 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1044 1,2-dibromo-3-chloropropane.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1044 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1045 Acrylonitrile.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1045 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1047 Ethylene oxide.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1047 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1048 Formaldehyde.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1048 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1050 Methylenedianiline.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1050 of this
chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1052 Methylene chloride.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at 29 CFR 1910.1052.
[62 FR 1619, Jan. 10, 1997]
Sec. 1915.1200 Hazard communication.
Note: The requirements applicable to shipyard employment under this
section are
[[Page 211]]
identical to those set forth at Sec. 1910.1200 of this chapter.
[61 FR 31431, June 20, 1996]
Sec. 1915.1450 Occupational exposure to hazardous chemicals in
laboratories.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.1450 of this
chapter.
[61 FR 31431, June 20, 1996]
PART 1917_MARINE TERMINALS
Subpart A_General Provisions
Sec.
1917.1 Scope and applicability.
1917.2 Definitions.
1917.3 Incorporation by reference.
1917.4 OMB control numbers under the Paperwork Reduction Act.
1917.5 Compliance duties owed to each employee.
Subpart B_Marine Terminal Operations
1917.11 Housekeeping.
1917.12 Slippery conditions.
1917.13 Slinging.
1917.14 Stacking of cargo and pallets.
1917.15 Coopering.
1917.16 Line handling. (See also Sec. 1917.95(b)).
1917.17 Railroad facilities.
1917.18 Log handling.
1917.19 Movement of barges and railcars.
1917.20 Interference with communications.
1917.21 Open fires.
1917.22 Hazardous cargo (See Sec. 1917.2(p)).
1917.23 Hazardous atmospheres and substances (see also Sec. 1917.2
Hazardous cargo, material, substance or atmosphere).
1917.24 Carbon monoxide.
1917.25 Fumigants, pesticides, insecticides and hazardous preservatives
(see also Sec. 1917.2 Hazardous cargo, material, substance or
atmosphere).
1917.26 First aid and lifesaving facilities.
1917.27 Personnel.
1917.28 Hazard communication (See also Sec. 1917.1(a)(2)(vi)).
1917.29 Retention of DOT markings, placards and labels.
1917.30 Emergency action plans.
Subpart C_Cargo Handling Gear and Equipment
1917.41 House falls.
1917.42 Miscellaneous auxiliary gear.
1917.43 Powered industrial trucks.
1917.44 General rules applicable to vehicles.
1917.45 Cranes and derricks (See also Sec. 1917.50).
1917.46 Load indicating devices.
1917.47 Winches.
1917.48 Conveyors.
1917.49 Spouts, chutes, hoppers, bins, and associated equipment.
1917.50 Certification of marine terminal material handling devices (See
also mandatory appendix I, of this part).
1917.51 Hand tools.
Subpart D_Specialized Terminals
1917.70 General.
1917.71 Terminals handling intermodal containers or roll-on roll-off
operations.
1917.73 Terminal facilities handling menhaden and similar species of
fish (see also Sec. 1917.2, definition of hazardous cargo,
material, substance or atmosphere).
Subpart E_Personal Protection
1917.91 Eye and face protection.
1917.92 Respiratory protection.
1917.93 Head protection.
1917.94 Foot protection.
1917.95 Other protective measures.
1917.96 Payment for protective equipment.
Subpart F_Terminal Facilities
1917.111 Maintenance and load limits.
1917.112 Guarding of edges.
1917.113 Clearance heights.
1917.114 Cargo doors.
1917.115 Platforms and skids.
1917.116 Elevators and escalators.
1917.117 Manlifts.
1917.118 Fixed ladders.
1917.119 Portable ladders.
1917.120 Fixed stairways.
1917.121 Spiral stairways.
1917.122 Employee exits.
1917.123 Illumination.
1917.124 Dockboards (car and bridge plates).
1917.125 Guarding temporary hazards.
1917.126 River banks.
1917.127 Sanitation.
1917.128 Signs and marking.
Subpart G_Related Terminal Operations and Equipment
1917.151 Machine guarding.
1917.152 Welding, cutting and heating (hot work) (See also Sec. 1917.2,
definition of Hazardous cargo, materials, substance, or
atmosphere).
1917.153 Spray painting (See also Sec. 1917.2, definition of Hazardous
cargo, materials, substance, or atmosphere).
1917.154 Compressed air.
1917.155 Air receivers.
1917.156 Fuel handling and storage.
1917.157 Battery charging and changing.
1917.158 Prohibited operations.
[[Page 212]]
Appendix I to Part 1917--Special Cargo Gear and Container Spreader Test
Requirements (Mandatory) [see Sec. 1917.50(c)(5)]
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), 4-2010 (75 FR 55355), or 1-
2012 (77 7 FR 3912),as applicable; and 29 CFR 1911.
Section 1917.28 also issued under 5 U.S.C. 553.
Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C.
553.
Effective Date Note: At 79 FR 22020, Apr. 21, 2014, the authority
citation for part 1917 was revised, effective July 21, 2014. For the
convenience of the user the revised text reads 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), 4-2010 (75 FR 55355), or 1-
2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
Section 1917.28 also issued under 5 U.S.C. 553.
Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C.
553.
Source: 48 FR 30909, July 5, 1983, unless otherwise noted.
Subpart A_General Provisions
Sec. 1917.1 Scope and applicability.
(a) The regulations of this part apply to employment within a marine
terminal as defined in Sec. 1917.2, including the loading, unloading,
movement or other handling of cargo, ship's stores or gear within the
terminal or into or out of any land carrier, holding or consolidation
area, any other activity within and associated with the overall
operation and functions of the terminal, such as the use and routine
maintenance of facilities and equipment. All cargo transfer accomplished
with the use of shore-based material handling devices shall be regulated
by this part.
(1) The provisions of this part 1917 do not apply to the following:
(i) Facilities used solely for the bulk storage, handling and
transfer of flammable, non-flammable and combustible liquids and gases.
(ii) Facilities subject to the regulations of the Office of Pipeline
Safety Regulation of the Materials Transportation Bureau, Department of
Transportation, to the extent such regulations apply.
(iii) Fully automated bulk coal handling facilities contiguous to
electrical power generating plants.
(2) Part 1910 of this chapter does not apply to marine terminals
except for the following provisions:
(i) Abrasive blasting. Subpart G, Sec. 1910.94(a);
(ii) Access to employee exposure and medical records. Subpart Z,
Sec. 1910.1020;
(iii) Commercial diving operations. Subpart T of part 1910;
(iv) Electrical. Subpart S of part 1910;
(v) Grain handling facilities. Subpart R, Sec. 1910.272;
(vi) Hazard communication. Subpart Z, Sec. 1910.1200;
(vii) Ionizing radiation. Subpart Z, Sec. 1910.1096;
(viii) Noise. Subpart G, Sec. 1910.95;
(ix) Nonionizing radiation. Subpart G, Sec. 1910.97;
(x) Respiratory protection. Subpart I, Sec. 1910.134;
(xi) Safety requirements for scaffolding. Subpart D, Sec. 1910.28;
(xii) Servicing multi-piece and single piece rim wheels. Subpart N,
Sec. 1910.177;
(xiii) Toxic and hazardous substances. Subpart Z applies to marine
cargo handling activities except for the following:
(A) When a substance or cargo is contained within a sealed, intact
means of packaging or containment complying with Department of
Transportation or International Maritime Organization requirements; \1\
---------------------------------------------------------------------------
\1\ The International Maritime Organization publishes the
International Maritime Dangerous Goods Code to aid compliance with the
international legal requirements of the International Convention for the
Safety of Life at Sea, 1960.
---------------------------------------------------------------------------
(B) Bloodborne pathogens, Sec. 1910.1030;
(C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1917.24(a)); and
(D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1917.73(a)(2)); and
(E) Hexavalent chromium Sec. 1910.1026 (See Sec. 1915.1026)
(xiv) Powered industrial truck operator training, Subpart N, Sec.
1910.178(1).
Note to paragraph (a)(2)(xiv): The compliance dates of December 1,
1999 set forth in 29
[[Page 213]]
CFR 1910.178(l)(7) are stayed until March 1, 2000 for Marine Terminals.
(b) Section 1915.1026 applies to any occupational exposures to
hexavalent chromium in workplaces covered by this part.
[48 FR 30909, July 5, 1983, as amended at 52 FR 36026, Sept. 25, 1987;
52 FR 49624, Dec. 31, 1987; 62 FR 40196, July 25, 1997; 63 FR 66274,
Dec. 1, 1998; 64 FR 46847, Aug. 27, 1999; 65 FR 40938, June 30, 2000; 71
FR 10381, Feb. 28, 2006]
Sec. 1917.2 Definitions.
Apron means that open portion of a marine terminal immediately
adjacent to a vessel berth and used in the direct transfer of cargo
between the terminal and vessel.
Authorized, in reference to an employee's assignment, means selected
by the employer for that purpose.
Cargo door (transit shed door) means a door designed to permit
transfer of cargo to and from a marine terminal structure.
Cargo packaging means any method of containment for shipment,
including cases, cartons, crates and sacks, but excluding large units
such as intermodal containers, vans or similar devices.
Confined space means:
(1) A space having all of the following characteristics:
(i) Small size;
(ii) Severely limited natural ventilation;
(iii) Capability to accumulate or contain a hazardous atmosphere;
(iv) Exits that are not readily accessible; and
(v) A design not meant for continuous human occupancy.
(2) Examples of confined spaces are intermodal tank containers,
bailwater tanks and portable tanks.
Conveyor means a device designed exclusively for transporting bulk
materials, packages or objects in a predetermined path and having fixed
or selective points of loading or discharge.
Danger zone means any place in or about a machine or piece of
equipment where an employee may be struck by or caught between moving
parts, caught between moving and stationary objects or parts of the
machine, caught between the material and a moving part of the machine,
burned by hot surfaces or exposed to electric shock. Examples of danger
zones are nip and shear points, shear lines, drive mechanisms, and areas
beneath counterweights.
Designated person means a person who possesses specialized abilities
in a specific area and is assigned by the employer to perform a specific
task in that area.
Dock means a wharf or pier forming all or part of a waterfront
facility, including marginal or quayside berthing facilities; not to be
confused with ``loading dock'' as at a transit shed or container freight
station, or with the body of water between piers or wharves.
Dockboards (car and bridge plates) mean devices for spanning short
distances between rail cars or highway vehicles and loading platforms
that do not expose employees to falls greater than 4 feet (1.22 m).
Enclosed space means an indoor space, other than a confined space,
that may contain or accumulate a hazardous atmosphere due to inadequate
natural ventilation. Examples of enclosed spaces are trailers, railcars,
and storage rooms.
Examination, as applied to material handling devices required by
this part to be certificated, means a comprehensive survey consisting of
the criteria outlined in 29 CFR 1919.71(d) as applicable to the type of
gear or device. The examination is supplemented by a unit proof test in
the case of a quadrennial survey.
Flammable atmosphere means an atmosphere containing more than 10
percent of the lower flammable limit of a flammable or combustible vapor
or dust mixed with air.
Front-end attachments. (1) As applied to power-operated industrial
trucks, means the various devices, such as roll clamps, rotating and
sideshifting carriages, magnets, rams, crane arms or booms, load
stabilizers, scoops, buckets and dumping bins, attached to the load end
for handling lifts as single or multiple units.
(2) As applied to cranes, means various attachments applied to the
basic machine for the performance of functions such as lifting,
clamshell or magnet services.
[[Page 214]]
Fumigant is a substance or mixture of substances, used to kill pests
or prevent infestation, which is a gas or is rapidly or progressively
transformed to the gaseous state, even though some nongaseous or
particulate matter may remain and be dispersed in the treatment space.
Hazardous cargo, material, substance or atmosphere means:
(1) Any substance listed in 29 CFR part 1910, subpart Z;
(2) Any material in the Hazardous Materials Table and Hazardous
Materials Communications Regulations of the Department of
Transportation, 49 CFR part 172;
(3) Any article not properly described by a name in the Hazardous
Materials Table and Hazardous Materials Communications Regulations of
the Department of Transportation, 49 CFR part 172 but which is properly
classified under the definition of those categories of dangerous
articles given in 49 CFR Part 173; or
(4) Any atmosphere with an oxygen content of less than 19.5%.
House falls means spans and supporting members, winches, blocks, and
standing and running rigging forming part of a marine terminal and used
with a vessel's cargo gear to load or unload by means of married falls.
Inspection, as applied to material handling devices required by this
part to be certificated, means a complete visual examination of all
visible parts of the device.
Intermodal container means a reusable cargo container of a rigid
construction and rectangular configuration; fitted with devices
permitting its ready handling, particularly its transfer from one mode
of transport to another; so designed to be readily filled and emptied;
intended to contain one or more articles of cargo or bulk commodities
for transportation by water and one or more other transport modes. The
term includes completely enclosed units, open top units, fractional
height units, units incorporating liquid or gas tanks and other
variations fitting into the container system. It does not include
cylinders, drums, crates, cases, cartons, packages, sacks, unitized
loads or any other form of packaging.
Loose gear means removable and replaceable components of equipment
or devices which may be used with or as a part of assembled material
handling units for purposes such as making connections, changing line
direction and multiplying mechanical advantage. Examples are shackles
and snatch blocks.
Marine terminal means wharves, bulkheads, quays, piers, docks and
other berthing locations and adjacent storage or adjacent areas and
structures associated with the primary movement of cargo or materials
from vessel to shore or shore to vessel including structures which are
devoted to receiving, handling, holding, consolidating and loading or
delivery of waterborne shipments or passengers, including areas devoted
to the maintenance of the terminal or equipment. The term does not
include production or manufacturing areas nor does the term include
storage facilities directly associated with those production or
manufacturing areas.
Ramps mean other flat-surface devices for passage between levels and
across openings not covered under ``dockboards.''
Ship's stores means materials that are aboard a vessel for the
upkeep, maintenance, safety, operation, or navigation of the vessel, or
for the safety or comfort of the vessel's passengers or crew.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40196, July 25, 1997; 65
FR 40938, June 30, 2000; 76 FR 33610, June 8, 2011]
Sec. 1917.3 Incorporation by reference.
(a) (1) The standards of agencies of the U.S. Government, and
organizations which are not agencies of the U.S. Government which are
incorporated by reference in this part, have the same force and effect
as other standards in this part. Only the mandatory provisions (i.e.
provisions containing the word ``shall'' or other mandatory language) of
standards incorporated by reference are adopted as standards under the
Occupational Safety and Health Act.
(2) The standards listed in paragraph (b) 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
[[Page 215]]
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.
(3) 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).
(4) 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 this material at NARA, telephone: 202-741-6030, or go to http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. Also, the material is 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).
(b) 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.
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders;
IBR approved for Sec. 1917.119(c).
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders;
IBR approved for Sec. 1917.119(c).
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced
Plastic Ladders; IBR approved for Sec. 1917.119(c).
(4) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1917.94(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.
(5) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1917.94(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.
(6) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1917.91(a)(1)(i)(A). 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.
(7) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for Occupational and Educational Eye and Face Protection; IBR approved
for Sec. 1917.91(a)(1)(i)(B). 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.
(8) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1917.91(a)(1)(i)(C). Copies of ANSI Z87.1-1989 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.
(9) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1917.93(b)(1)(i). Copies of
ANSI Z89.1-2009 are available for purchase only from the International
Safety Equipment Association, 1901
[[Page 216]]
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695;
fax: 703-528-2148; Web site: www.safetyequipment.org.
(10) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1917.93(b)(1)(ii). 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: www.safetyequipment.org.
(11) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective Headwear
for Industrial Workers--Requirements; IBR approved for Sec.
1917.93(b)(1)(iii). 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: www.safetyequipment.org.
(12) ASME B56.1, 1959, Safety Code for Powered Industrial Trucks,
pages 8 and 13; IBR approved for Sec. 1917.50(j)(1).
(c) Copies of the following standards 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:
(1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR
approved for Sec. 1917.94(b)(1)(i).
(2) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1917.94(b)(1)(i).
[62 FR 40196, July 25, 1997, as amended at 65 FR 40938, June 30, 2000;
69 FR 18803, Apr. 9, 2004; 74 FR 46358, Sept. 9, 2009; 77 FR 37599, June
22, 2012]
Sec. 1917.4 OMB control numbers under the Paperwork Reduction Act.
The following list identifies the 29 CFR citations for sections or
paragraphs in this part that contain a collection of information
requirement approved by the Office of Management and Budget (OMB). The
list also provides the control number assigned by OMB to each approved
requirement; control number 1218-0196 expires on May 31, 2002 and
control number 1218-0003 expires on July 31, 2001. The list follows:
------------------------------------------------------------------------
OMB control
29 CFR citation number.
------------------------------------------------------------------------
1917.17(n).............................................. 1218-0196
1917.17(o).............................................. 1218-0196
1917.23(b)(1)........................................... 1218-0196
1917.23(b)(2)........................................... 1218-0196
1917.23(d)(4)........................................... 1218-0196
1917.24(b).............................................. 1218-0196
1917.24(d).............................................. 1218-0196
1917.25(a).............................................. 1218-0196
1917.25(b).............................................. 1218-0196
1917.25(c).............................................. 1218-0196
1917.25(f).............................................. 1218-0196
1917.26(d)(7)........................................... 1218-0196
1917.30(a)(1)........................................... 1218-0196
1917.30(a)(5)(iii)...................................... 1218-0196
1917.42(b)(1)........................................... 1218-0196
1917.42(b)(4)........................................... 1218-0196
1917.42(c)(1)........................................... 1218-0196
1917.42(d)(1)........................................... 1218-0196
1917.42(g)(3)........................................... 1218-0003
1917.42(h)(1)........................................... 1218-0196
1917.42(h)(4)........................................... 1218-0003
1917.42(h)(5)........................................... 1218-0196
1917.44(e).............................................. 1218-0196
1917.44(h).............................................. 1218-0196
1917.45(f)(1)(i)........................................ 1218-0196
1917.45(f)(4)(iv)....................................... 1218-0196
1917.45(f)(6)........................................... 1218-0196
1917.45(g)(2)........................................... 1218-0196
1917.45(g)(3)(iii)...................................... 1218-0196
1917.45(g)(8)........................................... 1218-0196
1917.45(k)(1)........................................... 1218-0196
1917.45(k)(4)........................................... 1218-0196
1917.46(a)(1)(v)........................................ 1218-0196
1917.50(c)(1)........................................... 1218-0003
1917.50(c)(3)........................................... 1218-0003
1917.50(c)(4)(i)........................................ 1218-0003
1917.50(c)(5)(ii)....................................... 1218-0003
1917.50(c)(5)(iii)...................................... 1218-0003
1917.50(e).............................................. 1218-0003
1917.50(g)(1)........................................... 1218-0003
1917.50(h).............................................. 1218-0003
1917.71(a).............................................. 1218-0196
1917.71(b)(2)(i)........................................ 1218-0196
1917.71(b)(2)(ii)....................................... 1218-0196
1917.71(b)(6)(ii)....................................... 1218-0196
1917.71(f)(4)........................................... 1218-0196
1917.111(b)............................................. 1218-0196
1917.113................................................ 1218-0196
1917.115(c)............................................. 1218-0196
1917.116(e)............................................. 1218-0196
1917.116(g)............................................. 1218-0196
1917.117(a)............................................. 1218-0196
1917.117(b)............................................. 1218-0196
1917.117(d)............................................. 1218-0196
1917.117(e)............................................. 1218-0196
1917.117(f)............................................. 1218-0196
1917.117(l)............................................. 1218-0196
1917.118(e)(4)(i)....................................... 1218-0196
1917.119(e)............................................. 1218-0196
1917.122(a)............................................. 1218-0196
1917.122(b)............................................. 1218-0196
1917.128(b)(1)-(b)(4)................................... 1218-0196
1917.151(e)(5).......................................... 1218-0196
1917.152(d)(2)(v)....................................... 1218-0196
1917.152(d)(2)(vi)...................................... 1218-0196
------------------------------------------------------------------------
[64 FR 61505, Nov. 12, 1999]
[[Page 217]]
Sec. 1917.5 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_Marine Terminal Operations
Sec. 1917.11 Housekeeping.
(a) Active work areas shall be kept free of equipment and materials
not in use, and clear of debris, projecting nails, strapping and other
sharp objects not necessary for the work in progress.
(b) Hatch beams, covers and pontoons placed in terminal working
areas shall be stowed in stable piles with beams secured against tipping
or falling. Alternatively, beams may be laid on their sides. When beams
and pontoons are stowed in tiers more than one high, dunnage or other
suitable material shall be used under and between tiers.
(c) Cargo and material shall not obstruct access to vessels, cranes,
vehicles or buildings. Means of access and egress within buildings shall
be similarly unobstructed.
(d) Dunnage, lumber, or shoring material in which there are visibly
protruding nails shall be removed from the immediate work area or if
left in the area, the nails shall be rendered harmless.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40196, July 25, 1997]
Sec. 1917.12 Slippery conditions.
The employer shall eliminate, to the extent possible, conditions
causing slippery working and walking surfaces in immediate work areas
used by employees.
Sec. 1917.13 Slinging.
(a) Drafts shall be safely slung before being hoisted. Loose dunnage
or debris hanging or protruding from loads shall be removed.
(b) Bales of cotton, wool, cork, wood pulp, gunny bags or similar
articles shall be hoisted only by straps strong enough to support the
weight of the bale. At least two hooks, each in a separate strap, shall
be used.
(c) Unitized loads bound by bands or straps may be hoisted by the
banding or strapping only if the banding or strapping is suitable for
hoisting and is strong enough to support the weight of the load.
(d) Additional means of hoisting shall be employed to ensure safe
lifting of unitized loads having damaged banding or strapping.
(e) Case hooks shall be used only with cases designed to be hoisted
by these hooks.
(f) Loads requiring continuous manual guidance during handling shall
be guided by guide ropes (tag lines) that are long enough to control the
load.
(g) Intermodal containers shall be handled in accordance with Sec.
1917.71(f).
(h) The employer shall require employees to stay clear of the area
beneath overhead drafts or descending lifting gear.
(i) Employees shall not be permitted to ride the hook or the load.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997]
Sec. 1917.14 Stacking of cargo and pallets.
Cargo, pallets and other material stored in tiers shall be stacked
in such a manner as to provide stability against sliding and collapse.
[[Page 218]]
Sec. 1917.15 Coopering.
Repair and reconditioning of damaged or leaking cargo packaging
(coopering) shall be performed so as not to endanger employees.
Sec. 1917.16 Line handling. (See also Sec. 1917.95(b)).
(a) In order to provide safe access for handling lines while mooring
and unmooring vessels, cargo or material shall not be stowed or vehicles
placed where they obstruct the work surface to be used.
(b) When stringpiece or apron width is insufficient for safe
footing, grab lines or rails shall be installed on the sides of
permanent structures. (``Stringpiece'' means a narrow walkway between
the water edge of a berth and a shed or other structure.)
Sec. 1917.17 Railroad facilities.
(a) Work shall be performed in railcars only if floors of the
railcars are in visibly safe condition for the work activity being
conducted and equipment being used.
(b) A route shall be established to allow employees to pass to and
from places of employment without passing under, over or through
railcars, or between cars less than 10 feet (3 m) apart on the same
track.
(c) The employer shall direct that no employees remain in railcars
after work is concluded.
(d) Railcars shall be chocked or otherwise prevented from moving:
(1) While dockboards or carplates are in position; or
(2) While employees are working within, on or under the railcars or
near the tracks at the ends of the cars.
(e) When employees are working in, on, or under a railcar, positive
means shall be taken to protect them from exposure to impact from moving
railcars.
(f) Before cars are moved, unsecured and overhanging stakes, wire
straps, banding and similar objects shall be removed or placed so as not
to create hazards.
(g) The employer shall institute all necessary controls during
railcar movement to safeguard personnel. If winches or capstans are
employed for movement, employees shall stand clear of the hauling rope
and shall not stand between the rope and the cars.
(h) Before being opened fully, doors shall be opened slightly to
ensure that the load has not shifted during transit. Special precautions
shall be taken if the doors being opened are visibly damaged.
(i) If powered industrial trucks are used to open railcar doors, the
trucks or the railcar doors shall be equipped with door opening
attachments. Employees shall stand clear of the railcar doors while they
are being opened and closed.
(j) Only railcar door openers or powered industrial trucks equipped
with door opening attachments shall be used to open jammed doors.
(k) Employees shall not remain in or on gondolas or flat cars when
drafts that create overhead, caught-in, caught-between or struck-by
hazards are being landed in or on the railcar; end gates, if raised,
shall be secured.
(l) Operators of railcar dumps shall have an unrestricted view of
dumping operations and shall have emergency means of stopping movement.
(m) Recessed railroad switches shall be enclosed to provide a level
surface.
(n) Warning signs shall be posted where doorways open onto tracks,
at blind corners and at similar places where vision may be restricted.
(o) Warning signs shall be posted if insufficient clearance for
personnel exists between railcars and structures.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997]
Sec. 1917.18 Log handling.
(a) The employer shall ensure that structures (bunks) used to
contain logs have rounded corners and rounded structural parts to avoid
sling damage.
(b) Two or more binders or equivalently safe means of containment
shall remain on logging trucks and railcars to secure logs during
movement of the truck or car within the terminal. During unloading, logs
shall be prevented from moving while binders are being removed.
(c) Logs shall be hoisted by two slings or by other gear designed
for safe hoisting.
(d) Logs placed adjacent to vehicle curbs on the dock shall not be
over one
[[Page 219]]
tier high unless placed in bunks or so stacked as not to roll or
otherwise create a hazard to employees.
(e) Before logs are slung up from the dock, they shall be stably
supported to prevent spreading and to allow passage of slings beneath
the load. When bunks or similar retaining devices are used, no log shall
be higher than the stanchions or retaining members of the device.
Sec. 1917.19 Movement of barges and railcars.
Barges and railcars shall not be moved by cargo runners (running
rigging) from vessel cargo booms, cranes or other equipment not suitable
for the purpose.
Sec. 1917.20 Interference with communications.
Cargo handling operations shall not be carried on when noise-
producing, maintenance, construction or repair work interferes with the
communication of warnings or instructions.
[62 FR 40197, July 25, 1997]
Sec. 1917.21 Open fires.
Open fires and fires in drums or similar containers are prohibited.
Sec. 1917.22 Hazardous cargo \2\ (See Sec. 1917.2(p)).
---------------------------------------------------------------------------
\2\ The Department of Transportation and the United States Coast
Guard apply requirements related to handling, storing and transportation
of hazardous cargo (see 33 CFR part 126, 46 CFR, 49 CFR).
---------------------------------------------------------------------------
(a) Before cargo handling operations begin, the employer shall
ascertain whether any hazardous cargo is to be handled and shall
determine the nature of the hazard. The employer shall inform employees
of the nature of any hazard and any special precautions to be taken to
prevent employee exposure, and shall instruct employees to notify him of
any leaks or spills.
(b) All hazardous cargo shall be slung and secured so that neither
the draft nor individual packages can fall as a result of tipping the
draft or slacking of the supporting gear.
(c) If hazardous cargo is spilled or if its packaging leaks,
employees shall be removed from the affected area until the employer has
ascertained the specific hazards, provided any equipment, clothing and
ventilation and fire protection equipment necessary to eliminate or
protect against the hazard, and has instructed cleanup employees in a
safe method of cleaning up and disposing of a spill and handling and
disposing of leaking containers. Actual cleanup or disposal work shall
be conducted under the supervision of a designated person.
Sec. 1917.23 Hazardous atmospheres and substances (see also Sec.
1917.2 Hazardous cargo, material, substance or atmosphere).
(a) Purpose and scope. This section covers areas in which the
employer is aware that a hazardous atmosphere or substance may exist,
except where one or more of the following sections apply: Sec. 1917.22
Hazardous cargo; Sec. 1917.24 Carbon monoxide; Sec. 1917.25 Fumigants,
pesticides, insecticides and hazardous preservatives; Sec. 1917.73
Terminal facilities handling menhaden and similar species of fish; Sec.
1917.152 Welding, cutting, and heating (hot work); and Sec. 1917.153
Spray painting.
(b) Determination of hazard. (1) When the employer is aware that a
room, building, vehicle, railcar, or other space contains or has
contained a hazardous atmosphere, a designated and appropriately
equipped person shall test the atmosphere before employee entry to
determine whether a hazardous atmosphere exists.
(2) Records of results of any tests required by this section shall
be maintained for at least thirty (30) days.
(c) Testing during ventilation. When mechanical ventilation is used
to maintain a safe atmosphere, tests shall be made by a designated
person to ensure that the atmosphere is not hazardous.
(d) Entry into hazardous atmospheres. Only designated persons shall
enter hazardous atmospheres, in which case the following shall apply:
(1) Persons entering a space containing a hazardous atmosphere shall
be protected by respiratory and emergency protective equipment meeting
the requirements of subpart E of this part;
[[Page 220]]
(2) Persons entering a space containing a hazardous atmosphere shall
be instructed in the nature of the hazard, precautions to be taken, and
the use of protective and emergency equipment. Standby observers,
similarly equipped and instructed, shall continuously monitor the
activity of employees within such space;
(3) Except for emergency or rescue operations, employees shall not
enter into any atmosphere which has been identified as flammable or
oxygen deficient (less than 19.5% oxygen). Persons who may be required
to enter flammable or oxygen deficient atmospheres in emergency
operations shall be instructed in the dangers attendant to those
atmospheres and instructed in the use of self-contained breathing
apparatus, which shall be utilized.
(4) To prevent inadvertent employee entry into spaces that have been
identified as having hazardous, flammable or oxygen deficient
atmospheres, appropriate warning signs or equivalent means shall be
posted at all means of access to those spaces.
(e) When the packaging of asbestos cargo leaks, spillage shall be
cleaned up by designated employees protected from the harmful effects of
asbestos as required by Sec. 1910.1001 of this chapter.
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61
FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997; 65 FR 40938, June
30, 2000]
Sec. 1917.24 Carbon monoxide.
(a) Exposure limits. The carbon monoxide content of the atmosphere
in a room, building, vehicle, railcar, or any enclosed space shall be
maintained at not more than 50 parts per million (ppm) (0.005%) as an
eight hour average area level and employees shall be removed from the
enclosed space if the carbon monoxide concentration exceeds a ceiling of
100 ppm (0.01%).
(b) Testing. Tests to determine carbon monoxide concentration shall
be made when necessary to ensure that employee exposure does not exceed
the limits specified in paragraph (a) of this section.
(c) Instrumentation. Tests for carbon monoxide concentration shall
be made by designated persons using gas detector tube units certified by
NIOSH under 30 CFR part 11 or other measuring instruments whose accuracy
is as great or greater.
(d) Records. A record of the date, time, location and results of
carbon monoxide tests shall be available for at least thirty (30) days.
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61
FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997]
Sec. 1917.25 Fumigants, pesticides, insecticides and hazardous
preservatives (see also Sec. 1917.2 Hazardous cargo,
material, substance or atmosphere).
(a) At any time that the concentration in any space reaches the
level specified as hazardous by the fumigant manufacturer or by Table Z-
1 of 29 CFR 1910.1000, whichever is lower, all employees shall be
removed from the space and shall not be permitted to re-enter until such
time as tests demonstrate that the atmosphere is safe.
(b) Tests to determine the atmospheric concentration of chemicals
used to treat cargo shall be:
(1) Appropriate for the hazard involved;
(2) Conducted by designated persons; and
(3) Performed at the intervals necessary to ensure that employee
exposure does not exceed the permissible exposure limit for the chemical
involved.
(c) Results of any tests shall be available for at least 30 days.
Such records may be entered on any retrievable medium, and shall be
available for inspection.
(d) Chemicals shall only be applied to cargoes by designated
persons.
(e) Only designated persons shall enter hazardous atmospheres, in
which case the following provisions apply.
(1) Persons entering a space containing a hazardous atmosphere shall
be protected by respiratory and emergency protective equipment meeting
the requirements of subpart E of this part; and
(2) Persons entering a space containing a hazardous atmosphere shall
be instructed in the nature of the hazard, precautions to be taken, and
the use of protective and emergency equipment. Standby observers,
similarly
[[Page 221]]
equipped and instructed, shall continuously monitor the activity of
employees within such a space.
(f) Signs shall be clearly posted where fumigants, pesticides or
hazardous preservatives have created a hazardous atmosphere. These signs
shall note the danger, identify specific chemical hazards, and give
appropriate information and precautions, including instructions for the
emergency treatment of employees affected by any chemical in use.
(g) In the case of containerized shipments of fumigated tobacco, the
contents of the container shall be aerated by opening the container
doors for a period of 48 hours after the completion of fumigation and
prior to loading. When tobacco is within shipping cases having
polyethylene or similar bag liners, the aeration period shall be 72
hours. The employer shall obtain a written warranty from the fumigation
facility stating that the appropriate aeration period has been met.
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61
FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997]
Sec. 1917.26 First aid and lifesaving facilities.
(a) Employers shall instruct employees to report every injury,
regardless of severity, to the employer.
(b) A first aid kit shall be available at the terminal, and at least
one person holding a valid first aid certificate shall be at the
terminal when work is in progress.
(c) First aid kit. First aid kits shall be weatherproof and shall
contain individual sealed packages for each item that must be kept
sterile. The contents of each kit shall be determined by a person
certified in first aid and cognizant of the hazards found in marine
cargo handling operations. The contents shall be checked at intervals
that allow prompt replacement of expended items.
(d) Stretchers. (1) There shall be available for each vessel being
worked one Stokes basket stretcher, or its equivalent, permanently
equipped with bridles for attaching to the hoisting gear.
(2) Stretchers shall be kept close to vessels and shall be
positioned to avoid damage to the stretcher.
(3) A blanket or other suitable covering shall be available.
(4) Stretchers shall have at least four sets of effective patient
restraints in operable condition.
(5) Lifting bridles shall be of adequate strength, capable of
lifting 1,000 pounds (454 kg) with a safety factor of five, and shall be
maintained in operable condition. Lifting bridles shall be provided for
making vertical patient lifts at container berths. Stretchers for
vertical lifts shall have foot plates.
(6) Stretchers shall be maintained in operable condition. Struts and
braces shall be inspected for damage. Wire mesh shall be secured and
have no burrs. Damaged stretchers shall not be used until repaired.
(7) Stretchers in permanent locations shall be mounted to prevent
damage and shall be protected from the elements if located out-of-doors.
If concealed from view, closures shall be marked to indicate the
location of the life saving equipment.
(e) Telephone or equivalent means of communication shall be readily
available.
(f) A U.S. Coast Guard approved 30-inch (76.2 cm) life ring, with at
least 90 feet (27.43m) of line attached, shall be available at readily
accessible points at each waterside work area where the employees' work
exposes them to the hazard of drowning. Employees working on any bridge
or structure leading to a detached vessel berthing installation shall
wear U.S. Coast Guard approved personal flotation devices except where
protected by railings, nets, or safety belts and lifelines. A readily
available portable or permanent ladder giving access to the water shall
also be provided within 200 feet (61 m) of such work areas.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997; 65
FR 40938, June 30, 2000]
Sec. 1917.27 Personnel.
(a) Qualifications of machinery operators. (1) Only those employees
determined by the employer to be competent by reason of training or
experience, and who understand the signs, notices and operating
instructions and are familiar with the signal code in use shall be
permitted to operate a crane,
[[Page 222]]
winch or other power operated cargo handling apparatus, or any power
operated vehicle, or give signals to the operator of any hoisting
apparatus. Exception: Employees being trained and supervised by a
designated person may operate such machinery and give signals to
operators during training.
(2) No employee known to have defective uncorrected eyesight or
hearing, or to be suffering from heart disease, epilepsy, or similar
ailments that may suddenly incapacitate the employee, shall be permitted
to operate a crane, winch or other power-operated cargo handling
apparatus or a power-operated vehicle.
Note to paragraph (a)(2): OSHA is defining suddenly incapacitating
medical ailments consistent with the Americans with Disabilities Act
(ADA), 42 U.S.C. 12101 (1990). Therefore, employers who act in
accordance with the employment provisions (Title I) of the ADA (42
U.S.C. 12111-12117), the regulations implementing Title I (29 CFR Part
1630), and the Technical Assistance Manual for Title I issued by the
Equal Employment Opportunity Commission (Publication number: EEOC--M1A),
will be considered as being in compliance with this paragraph.
(b) Supervisory accident prevention proficiency. (1) After October
3, 1985 immediate supervisors of cargo-handling operations of more than
five (5) persons shall satisfactorily complete a course in accident
prevention. Employees newly assigned to supervisory duties after that
date shall be required to meet the provisions of this paragraph within
ninety (90) days of such assignment.
(2) The course shall consist of instruction suited to the particular
operations involved. \3\
---------------------------------------------------------------------------
\3\ The following are recommended topics: (i) Safety responsibility
and authority; (ii) elements of accident prevention; (iii) attitudes,
leadership and motivation; (iv) hazards of longshoring, including
peculiar local circumstances; (v) hazard identification and elimination;
(vi) applicable regulations; and (vii) accident investigations.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997; 65
FR 40938, June 30, 2000]
Sec. 1917.28 Hazard communication (See also Sec. 1917.1(a)(2)(vi)).
Sec. 1917.29 Retention of DOT markings, placards and labels.
(a) Any employer who receives a package of hazardous material which
is required to be marked, labeled or placarded in accordance with the U.
S. Department of Transportation's Hazardous Materials Regulations (49
CFR parts 171 through 180) shall retain those markings, labels and
placards on the package until the packaging is sufficiently cleaned of
residue and purged of vapors to remove any potential hazards.
(b) Any employer who receives a freight container, rail freight car,
motor vehicle, or transport vehicle that is required to be marked or
placarded in accordance with the Hazardous Materials Regulations shall
retain those markings and placards on the freight container, rail
freight car, motor vehicle or transport vehicle until the hazardous
materials which require the marking or placarding are sufficiently
removed to prevent any potential hazards.
(c) Markings, placards and labels shall be maintained in a manner
that ensures that they are readily visible.
(d) For non-bulk packages which will not be reshipped, the
provisions of this section are met if a label or other acceptable
marking is affixed in accordance with the Hazard Communication Standard
(29 CFR 1910.1200).
(e) For the purposes of this section, the term ``hazardous
material'' and any other terms not defined in this section have the same
definition as in the Hazardous Materials Regulations (49 CFR parts 171
through 180).
[59 FR 36700, July 19, 1994]
Sec. 1917.30 Emergency action plans.
(a) Emergency action plans--(1) Scope and application. This
paragraph (a) requires all employers to develop and implement an
emergency action plan. \3a\ The emergency action plan shall be in
[[Page 223]]
writing (except as provided in paragraph (a)(5)(iv) of this section) and
shall cover those designated actions employers and employees must take
to ensure employee safety from fire and other emergencies.
---------------------------------------------------------------------------
\3a\ When an employer directs his employees to respond to an
emergency that is beyond the scope of the Emergency Action Plan
developed in accordance with this section, then Sec. 1910.120(q) of
this chapter shall apply.
---------------------------------------------------------------------------
(2) Elements. The following elements, at a minimum, shall be
included in the plan:
(i) Emergency escape procedures and emergency escape route
assignments;
(ii) Procedures to be followed by employees who remain to operate
critical plant operations before they evacuate;
(iii) Procedures to account for all employees after emergency
evacuation has been completed;
(iv) Rescue and medical duties for those employees who are to
perform them;
(v) The preferred means of reporting fires and other emergencies;
and
(vi) Names or regular job titles of persons or departments that can
be contacted for further information or explanation of duties under the
plan.
(3) Alarm system. The employer shall establish an employee alarm
system that provides warning for necessary emergency action and for
reaction time for safe escape of employees from the workplace or the
immediate work area.
(4) Evacuation. The employer shall establish the types of evacuation
to be used in emergency circumstances.
(5) Training. (i) Before implementing the emergency action plan, the
employer shall designate and train a sufficient number of persons to
assist in the safe and orderly emergency evacuation of employees.
(ii) The employer shall review the plan with each employee covered
by the plan at the following times:
(A) Initially when the plan is developed;
(B) Whenever the employee's responsibilities or designated actions
under the plan change; and
(C) Whenever the plan is changed.
(iii) The employer shall review with each employee upon initial
assignment those parts of the plan that the employee must know to
protect the employee in the event of an emergency. The written plan
shall be kept at the workplace and be made available for employee
review.
(iv) Employers with 10 or fewer employees may communicate the plan
orally to employees and need not maintain a written plan
(b) [Reserved]
[62 FR 40198, July 25, 1997, as amended at 65 FR 40938, June 30, 2000]
Subpart C_Cargo Handling Gear and Equipment
Sec. 1917.41 House falls.
(a) Span beams shall be secured to prevent accidental dislodgement.
(b) A safe means of access shall be provided for employees working
with house fall blocks.
(c) Designated employees shall inspect chains, links, shackles,
swivels, blocks and other loose gear used in house fall operations
before each day's use. Defective gear shall not be used.
Sec. 1917.42 Miscellaneous auxiliary gear.
(a) Routine inspection. (1) At the completion of each use, loose
gear such as slings, chains, bridles, blocks and hooks shall be so
placed as to avoid damage to the gear. Loose gear shall be inspected and
any defects corrected before reuse.
(2) All loose gear shall be inspected by the employer or his
authorized representative before each use and, when necessary, at
intervals during its use, to ensure that it is safe. Any gear which is
found upon such inspection to be visibly unsafe shall not be used until
it is made safe.
(3) Defective gear shall not be used. Distorted hooks, shackles or
similar gear shall be discarded.
(b) Wire rope and wire rope slings. (1) The employer shall ascertain
and adhere to the manufacturer's recommended ratings for wire rope and
wire rope slings and shall have such ratings available for inspection.
When the manufacturer is unable to supply such ratings, the employer
shall use the tables for wire rope and wire rope slings found in
American National Safety Standard for Slings, ANSI B30.9-1971. A design
safety factor of at least five shall be maintained for the common sizes
of running wire used as falls, in purchases or in such uses as
[[Page 224]]
light load slings. Wire rope with a safety factor of less than five may
be used only:
(i) In specialized equipment, such as but not limited to cranes,
designed to be used with lesser wire rope safety factors;
(ii) In accordance with design factors in standing rigging
applications; or
(iii) For heavy lifts or other purposes for which a safety factor of
five is impracticable and for which the employer can demonstrate that
equivalent safety is ensured.
(2) Wire rope or wire rope slings having any of the following
conditions shall not be used:
(i) Ten randomly distributed broken wires in one rope lay or three
or more broken wires in one strand in one rope lay;
(ii) Kinking, crushing, bird caging or other damage resulting in
distortion of the wire rope structure;
(iii) Evidence of heat damage;
(iv) Excessive wear or corrosion, deformation or other defect in the
wire or attachments, including cracks in attachments;
(v) Any indication of strand or wire slippage in end attachments; or
(vi) More than one broken wire in the close vicinity of a socket or
swaged fitting.
(3) Protruding ends of strands in splices on slings and bridles
shall be covered or blunted. Coverings shall be removable so that
splices can be examined. Means used to cover or blunt ends shall not
damage the wire.
(4) Where wire rope clips are used to form eyes, the employer shall
adhere to the manufacturers' recommendations, which shall be made
available for inspection. If ``U'' bolt clips are used and the
manufacturers' recommendations are not available, Table C-1 shall be
used to determine the number and spacing of the clips. ``U'' bolts shall
be applied with the ``U'' section in contact with the dead end of the
rope.
Table C-1--Number and Spacing of U-Bolt Wire Rope Clips
------------------------------------------------------------------------
Minimum number of
clips
Improved plow steel, rope ------------------------ Minimum spacing
diameter (inches/(cm)) Drop Other (inches/(cm))
forged material
------------------------------------------------------------------------
\1/2\ or less (1.3)........... 3 4 3 (7.6)
\5/8\ (1.6)................... 3 4 3\3/4\ (9.5)
\3/4\ (1.9)................... 4 5 4\1/2\ (11.4)
\7/8\ (2.2)................... 4 5 5\1/4\ (13.3)
1 (2.5)....................... 5 7 6 (15.2)
1\1/8\ (2.9).................. 6 7 6\3/4\ (17.1)
1\1/4\ (3.2).................. 6 8 7\1/2\ (19.1)
1\3/8\ (3.5).................. 7 8 8\1/4\ (21.0)
1\1/2\ (3.8).................. 7 9 9 (22.9)
------------------------------------------------------------------------
(5) Wire rope shall not be secured by knots.
(6) Eyes in wire rope bridles, slings, bull wires, or in single
parts used for hoisting shall not be formed by wire rope clips or knots.
(7) Eye splices in wire ropes shall have at least three tucks with a
whole strand of the rope and two tucks with one-half of the wire cut
from each strand. Other forms of splices or connections which are shown
to be equivalently safe may be used.
(8) Except for eye splices in the ends of wires and for endless rope
slings, each wire rope used in hoisting or lowering, or in bulling
cargo, shall consist of one continuous piece without knot or splice.
(c) Natural fiber rope. (1) The employer shall ascertain the
manufacturers' ratings for the specific natural fiber rope used and have
such ratings available for inspection. The manufacturers' ratings shall
be adhered to and a minimum design safety factor of five maintained.
(2) Eye splices shall consist of at least three full tucks. Short
splices shall consist of at least six full tucks, three on each side of
the center line.
(d) Synthetic rope. (1) The employer shall adhere to the
manufacturers' ratings and use recommendations for the specific
synthetic fiber rope used and shall make such ratings available for
inspection.
(2)(i) Unless otherwise recommended by the manufacturer, when
synthetic fiber ropes are substituted for fiber ropes of less than three
inches (7.62 cm) in circumference, the substitute shall be of equal
size. Where substituted for fiber rope of three inches or more in
circumference, the size of the synthetic
[[Page 225]]
rope shall be determined from the formula:
[GRAPHIC] [TIFF OMITTED] TR30JN00.079
Where C = the required circumference of the synthetic rope in inches,
Cs= the circumference to the nearest one-quarter inch of a synthetic
rope having a breaking strength not less than that of the size fiber
rope that is required by paragraph (c) of this section and Cm= the
circumference of the fiber rope in inches that is required by paragraph
(c) of this section.
(ii) In making such substitution, it shall be ascertained that the
inherent characteristics of the synthetic fiber are suitable for
hoisting.
(e) Removal of natural and synthetic rope from service. Natural and
synthetic rope having any of the following defects shall be removed from
service:
(1) Abnormal wear;
(2) Powdered fiber between strands;
(3) Sufficient cut or broken fibers to affect the capability of the
rope;
(4) Variations in the size or roundness of strands;
(5) Discolorations other than stains not associated with rope
damage;
(6) Rotting; or
(7) Distortion or other damage to attached hardware.
(f) Thimbles. Properly fitting thimbles shall be used where any rope
is secured permanently to a ring, shackle or attachment, where
practicable.
(g) Synthetic web slings. (1) Slings and nets or other combinations
of more than one piece of synthetic webbing assembled and used as a
single unit (synthetic web slings) shall not be used to hoist loads in
excess of the sling's rated capacity.
(2) Synthetic web slings shall be removed from service if they
exhibit any of the following defects:
(i) Acid or caustic burns;
(ii) Melting or charring of any part of the sling surface;
(iii) Snags, punctures, tears or cuts;
(iv) Broken or worn stitches; or
(v) Distortion or damage to fittings.
(vi) Display of visible warning threads or markers designed to
indicate excessive wear or damage.
(3) Defective synthetic web slings removed from service shall not be
returned to service unless repaired by a sling manufacturer or similar
entity. Each repaired sling shall be proof tested by the repairer to
twice the slings' rated capacity prior to its return to service. The
employer shall retain a certificate of the proof test and make it
available for examination.
(4) Synthetic web slings provided by the employer shall only be used
in accordance with the manufacturer's use recommendations, which shall
be available.
(5) Fittings shall have a breaking strength at least equal to that
of the sling to which they are attached and shall be free of sharp
edges.
(h) Chains and chain slings used for hoisting. (1) The employer
shall adhere to the manufacturer's recommended ratings for safe working
loads for the sizes of wrought iron and alloy steel chains and chain
slings used and shall have such ratings available. When the manufacturer
is unable to provide such ratings, the employer shall use the tables for
chains and chain slings found in American National Safety Standard for
Slings, ANSI B30.9-1971.
(2) Proof coil steel chain, also known as common or hardware chain,
and other chain not recommended by the manufacturer for slinging or
hoisting shall not be used for slinging or hoisting.
(3)(i) Sling chains, including end fastenings, shall be inspected
for visible defects before each day's use and as often as necessary
during use to ensure integrity of the sling.
(ii) Thorough inspections of chains in use shall be made quarterly
to detect wear, defective welds, deformation or increase in length or
stretch. The month of inspection shall be indicated on each chain by
color of paint on a link or by other equally effective means.
(iii) Chains shall be removed from service when maximum allowable
wear, as indicated in Table C-2, is reached at any point of link.
(iv) Chain slings shall be removed from service when stretch has
increased the length of a measured section by more than five percent;
when a link is bent, twisted or otherwise damaged; or when a link has a
raised scarf or defective weld.
[[Page 226]]
(v) Only designated persons shall inspect chains used for slinging
and hoisting.
Table C-2--Maximum Allowable Wear at Any Point of Link
------------------------------------------------------------------------
Chain size Maximum allowable wear
------------------------------------------------------------------------
Inches (cm) Inches (cm)
------------------------------------------------------------------------
\1/4\(\9/32\) (0.6) \3/64\ (0.1)
\3/8\ (1.0) \5/64\ (0.2)
\1/2\ (1.3) \7/64\ (0.3)
\5/8\ (1.6) \9/64\ (0.4)
\3/4\ (1.9) \5/32\ (0.4)
\7/8\ (2.2) \11/64\ (0.4)
1 (2.5) \3/16\ (0.5)
1\1/8\ (2.9) \7/32\ (0.6)
1\1/4\ (3.2) \1/4\ (0.6)
1\3/8\ (3.5) \9/32\ (0.7)
1\1/2\ (3.8) \5/16\ (0.8)
1\3/4\ (4.4) \11/32\ (0.9)
------------------------------------------------------------------------
(4) Chains shall be repaired only under qualified supervision. Links
or portions of chain defective under any of the criteria of paragraph
(h)(3)(iii) of this section shall be replaced with properly dimensioned
links or connections of material similar to those of the original chain.
Before repaired chains are returned to service, they shall be tested to
the proof load recommended by the manufacturer of the original chain.
Tests shall be performed by the manufacturer or shall be certified by an
agency accredited for the purpose under part 1919 of this chapter. Test
certificates shall be available for inspection.
(5) Wrought iron chains in constant use shall be annealed or
normalized at intervals not exceeding six months. Heat treatment
certificates shall be available for inspection. Alloy chains shall not
be annealed.
(6) Kinked or knotted chains shall not be used for lifting. Chains
shall not be shortened by bolting, wiring or knotting. Makeshift links
or fasteners such as wire, bolts or rods shall not be used.
(7) Hooks, rings, links and attachments affixed to sling chains
shall have rated capacities at least equal to that of the chains to
which they are attached.
(8) Chain slings shall bear identification of size, grade and rated
capacity.
(i) Shackles. (1) If available, the manufacturer's recommended safe
working loads for shackles shall not be exceeded. In the absence of
manufacturer's recommendations, Table C-3 shall apply.
(2) Screw pin shackles used aloft in house fall or other gear,
except in cargo hook assemblies, shall have their pins moused or
otherwise effectively secured.
Table C-3--Safe Working Loads for Shackles
----------------------------------------------------------------------------------------------------------------
Material size Pin diameter
--------------------------------------------------------------------------------------------- Safe working load
Inches (cm) Inches (cm) in 2,000 lb tons
----------------------------------------------------------------------------------------------------------------
\1/2\............................................................. (1.3) \5/8\ (1.6) 1.4
\5/8\............................................................. (1.6) \3/4\ (1.9) 2.2
\3/4\............................................................. (1.9) \7/8\ (2.2) 3.2
\7/8\............................................................. (2.2) 1 (2.5) 4.3
1................................................................. (2.5) 1\1/8\ (2.9) 5.6
1\1/8\............................................................ (2.9) 1\1/4\ (3.2) 6.7
1\1/4\............................................................ (3.2) 1\3/8\ (3.5) 8.2
1\3/8\............................................................ (3.5) 1\1/2\ (3.8) 10.0
1\1/2\............................................................ (3.8) 1\5/8\ (4.1) 11.9
1\3/4\............................................................ (4.4) 2 (5.1) 16.2
2................................................................. (5.1) 2\1/4\ (5.7) 21.2
----------------------------------------------------------------------------------------------------------------
(j) Hooks other than hand hooks. (1) The manufacturers' recommended
safe working loads for hooks shall not be exceeded. Hooks other than
hand hooks shall be tested in accordance with Sec. 1917.50(c)(6).
(2) Bent or sprung hooks shall be discarded.
(3) Teeth of case hooks shall be maintained in safe condition.
(4) Jaws of patent clamp-type plate hooks shall be maintained in
condition to grip plates securely.
(5) Loads shall be applied to the throat of the hook only.
(k) Pallets. (1) Pallets shall be made and maintained to safely
support and carry loads being handled. Fastenings of reusable pallets
used for hoisting shall be bolts and nuts, drive screws (helically
threaded nails), annular threaded nails or fastenings of equivalent
holding strength.
(2) Damaged pallets shall be stored in designated areas and
identified.
(3) Reusable wing or lip-type pallets shall be hoisted by bar
bridles or other suitable gear and shall have an overhanging wing or lip
of at least three inches (7.62cm). They shall not be hoisted by wire
slings alone.
(4) Loaded pallets that do not meet the requirements of this
paragraph shall be hoisted only after being placed on pallets meeting
such requirements
[[Page 227]]
or shall be handled by other means providing equivalent safety.
(5) Bridles for handling flush end or box-type pallets shall be
designed to prevent disengagement from the pallet under load.
(6) Pallets shall be stacked or placed to prevent falling,
collapsing or otherwise causing a hazard under standard operating
conditions.
(7) Disposable pallets intended only for one use shall not be reused
for hoisting.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40198, July 25, 1997; 65
FR 40938, June 30, 2000]
Sec. 1917.43 Powered industrial trucks.
(a) Applicability. This section applies to every type of powered
industrial truck used for material or equipment handling within a marine
terminal. It does not apply to over-the-road vehicles.
(b) General. (1) After October 3, 1983, modifications, such as
adding counterweights, that might affect the vehicle's capacity or
safety shall not be performed without either the manufacturer's prior
written approval or the written approval of a professional engineer
experienced with the equipment who has consulted with the manufacturer,
if available. Capacity, operation and maintenance instruction plates,
tags or decals shall be changed to conform to the equipment as modified.
(2) Unauthorized personnel shall not ride on powered industrial
trucks. A safe place to ride shall be provided when riding is
authorized.
(3) When a powered industrial truck is left unattended, load-
engaging means shall be fully lowered, controls neutralized and brakes
set. Unless the truck is in view and within 25 feet (7.62 m) of the
operator, power shall be shut off. Wheels shall be blocked or curbed if
the truck is on an incline.
(4) Powered industrial trucks shall not be operated inside highway
vehicles or railcars having damage which could affect operational
safety.
(5) Powered industrial trucks shall be marked with their rated
capacities, which shall be visible to the operator.
(6) Only stable and safely arranged loads within the rated capacity
of the truck shall be handled.
(7) The employer shall direct drivers to ascend and descend grades
slowly.
(8) The employer shall direct drivers to slow down and sound the
horn at crossaisles and other locations where visibility is obstructed.
(9) If the load obstructs the forward view, the employer shall
direct drivers to travel with the load trailing.
(10) Steering knobs shall not be used unless the truck is equipped
with power steering.
(11) When powered industrial trucks use cargo lifting devices that
have a means of engagement hidden from the operator, a means shall be
provided to enable the operator to determine that the cargo has been
engaged.
(12) When cargo is being towed on pipe trucks or similar equipment,
a safe means shall be provided to protect the driver from sliding loads.
(c) Maintenace. (1) Only designated persons shall perform
maintenance and repair.
(2) Batteries on all powered trucks shall be disconnected during
repairs to the primary electrical system unless power is necessary for
testing and repair. On trucks equipped with systems capable of storing
residual energy, that energy shall be safely discharged before work on
the primary electrical system begins.
(3) Replacement parts whose function might affect operational safety
shall be equivalent in strength and performance capability to the
original parts which they replace.
(4) Braking systems or other mechanisms used for braking shall be
operable and in safe condition.
(5) Powered industrial trucks shall be maintained in safe working
order. Safety devices shall not be removed or made inoperative except as
otherwise provided in this section. Trucks with a fuel system leak or
any other safety defect shall not be operated.
(6) Those repairs to the fuel and ignition systems of industrial
trucks which involve fire hazards shall be conducted only in locations
designated as safe for such repairs.
(d) Approved trucks--(1) Approved power-operated industrial truck
means one listed or approved for the intended use by a nationally
recognized testing laboratory.
[[Page 228]]
(2) Approved trucks acquired and used after February 15, 1972, shall
bear a label or other identification indicating testing laboratory
approval.
(3) When the atmosphere in an area is hazardous and the provisions
of United States Coast Guard regulations at 33 CFR 126.15(e) do not
apply, only power-operated industrial trucks approved for such locations
shall be used.
(e) Fork lift trucks--(1) Overhead guards. (i) When operators are
exposed to overhead falling hazards, fork lift trucks shall be equipped
with securely attached overhead guards. Guards shall be constructed to
protect the operator from falling boxes, cartons, packages, or similar
objects.
(ii) Overhead guards shall not obstruct the operator's view, and
openings in the top of the guard shall not exceed six inches (15.24 cm)
in one of the two directions, width or length. Larger openings are
permitted if no opening allows the smallest unit of cargo being handled
to fall through the guard.
(iii) Overhead guards shall be built so that failure of the
vehicle's mast tilting mechanism will not displace the guard.
(iv) An overhead guard, otherwise required by this paragraph, may be
removed only when it would prevent a truck from entering a work space
and if the operator is not exposed to low overhead obstructions in the
work space.
(v) Overhead guards shall be large enough to extend over the
operator during all truck operations, including forward tilt.
(2) Load backrest extensions. Where necessary to protect the
operator, fork lift trucks shall be fitted with a vertical load backrest
extension to prevent the load from hitting the mast when the mast is
positioned at maximum backward tilt. For this purpose, a ``load backrest
extension'' means a device extending vertically from the fork carriage
frame to prevent raised loads from falling backward.
(3) Forks. Forks, fork extensions and other attachments shall be
secured so that they cannot be accidentally dislodged, and shall be used
only in accordance with the manufacturer's recommendations.
(4) Counterweights. Counterweights shall be so affixed that they
cannot be accidentally dislodged.
(5) Capacities and weights. (i) Fork lift truck rated capacities,
with and without removable counterweights, shall not be exceeded. Rated
capacities shall be marked on the vehicle and shall be visible to the
operator. The vehicle weight, with and without counterweight, shall be
similarly marked.
(ii) If loads are lifted by two or more trucks working in unison,
the total weight of the load shall not exceed the combined rated lifting
capacity of all trucks involved.
(6) Lifting of employees. Employees may be elevated by fork lift
trucks only when a platform is secured to the lifting carriage or forks.
The platform shall meet the following requirements:
(i) The platform shall have a railing complying with Sec.
1917.112(c).
(ii) The platform shall have toeboards complying with Sec.
1917.112(d) if tools or other objects could fall on employees below.
(iii) An employee shall be at the truck's controls whenever
employees are elevated.
(iv) Employees on the platform shall be protected from exposure to
moving truck parts.
(v) The platform floor shall be skid resistant.
(vi) When the truck has controls elevated with the lifting carriage,
means shall be provided for employees on the platform to shut off power
to the vehicle.
(vii) While employees are elevated, the truck may be moved only to
make minor placement adjustments.
(f) Bulk cargo-moving vehicles. (1) Where a seated operator may come
into contact with projecting overheads, crawler-type bulk-cargo-moving
vehicles that are rider operated shall be equipped with operator's
guards.
(2) Guards and their attachment points shall be so designed as to be
able to withstand, without excessive deflection, a load applied
horizontally at the operator's shoulder level equal to the drawbar pull
of the machine.
(3) After July 26, 1999 bulk cargo-moving vehicles shall be equipped
with rollover protection of such design and
[[Page 229]]
construction as to prevent the possibility of the operator being crushed
because of a rollover or upset.
(g) Straddle trucks--(1) Accessibility. Straddle trucks shall have a
permanent means of access to the operator's station, including any
handholds necessary for safe ascent and descent.
(2) Guarding. (i) Main sprockets and chains to the wheels shall be
guarded as follows:
(A) The upper sprocket shall be enclosed;
(B) The upper half of the lower sprocket shall be enclosed; and
(C) The drive chain shall be enclosed to a height of eight feet
(2.44 m) except for that portion at the lower half of the lower
sprocket.
(ii) Gears shall be enclosed and revolving parts which may be
contacted by the operator shall be guarded.
(iii) When straddle trucks are used in the vicinity of employees,
personnel-deflecting guards shall be provided around leading edges of
front and rear wheels.
(3) Visibility. Operator visibility shall be provided in all
directions of movement.
(h) Trailer-spotting tractors. (1) Trailer-spotting tractors (fifth
wheels) shall be fitted with any hand grabs and footing necessary for
safe access to the fifth wheel.
(2) Rear cab windows shall be of safety glass or of equivalent
material.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40198, July 25, 1997; 65
FR 40939, June 30, 2000]
Sec. 1917.44 General rules applicable to vehicles. \4\
---------------------------------------------------------------------------
\4\ The United States Coast Guard at 33 CFR 126.15(d) and (e) has
additional regulations applicable to vehicles in terminals.
---------------------------------------------------------------------------
(a) The requirements of this section apply to general vehicle use
within marine terminals. Exception: The provisions of paragraphs (c) and
(l) of this section do not apply when preempted by applicable
regulations of the Department of Transportation. \5\
---------------------------------------------------------------------------
\5\ Department of Transportation regulations in 49 CFR part 393,
Subpart C--Brakes, address the immobilization of trailer road wheels
prior to disconnection of the trailer and until braking is again
provided. Section 49 CFR 393.84 addresses the condition of flooring.
These DOT rules apply when the motor carrier is engaged in interstate
commerce or in the transport of certain hazardous items wholly within a
municipality or the commercial zone thereof.
---------------------------------------------------------------------------
(b) Private vehicle parking in marine terminals shall be allowed
only in designated areas.
(c) Trailers shall not be disconnected from tractors at loading
docks until the road wheels have been immobilized. The road wheels shall
be immobilized from the time the brake system is disconnected until
braking is again provided. Supplementary front end support shall be
employed as necessary to prevent tipping when a trailer is entered by a
material handling vehicle. Rear end support shall be employed if rear
wheels are so far forward as to allow tipping when the trailer is
entered.
(d) The employer shall direct motor vehicle operators to comply with
any posted speed limits and other traffic control signs or signals, and
written traffic instructions.
(e) Stop signs shall be posted at main entrances and exits of
structures where visibility is impaired, and at blind intersections,
unless direct traffic control or warning mirror systems or other systems
of equivalent safety are provided.
(f) Vehicular routes, traffic rules, and parking areas shall be
established, identified, and used.
(g) The employer shall direct vehicle drivers to warn employees in
traffic lanes of the vehicle's approach.
(h) Signs indicating pedestrian traffic shall be clearly posted at
vehicular check-in and check-out lines and similar locations where
employees may be working.
(i) A distance of not less than 20 feet (6.1 m) shall be maintained
between the first two vehicles in a check-in, check-out, roadability, or
vessel loading/discharging line. This distance shall be maintained
between any subsequent vehicles behind which employees are required to
work.
(j) No unattended vehicle shall be left with its engine running
unless secured against movement (see Sec. 1917.43(b)(3) for powered
industrial trucks).
[[Page 230]]
(k) When the rear of a vehicle is elevated to facilitate loading or
discharging, a ramp shall be provided and secured. The vehicle shall be
secured against accidental movement during loading or discharging.
(l) Only highway vehicle floors in safe condition shall be used.
(m) When flatbed trucks, platform containers or similar conveyances
are loaded or discharged and the cargo consists of pipe or other
products which could spread or roll to endanger employees, the cargo
shall be contained to prevent movement.
(n) Vehicles used to transport employees within a terminal shall be
maintained in safe working order and safety devices shall not be removed
or made inoperative.
(o) Servicing multi-piece and single piece rim wheels. Servicing of
multi-piece and single piece rim wheels is covered by Sec. 1910.177 of
this chapter. (See Sec. 1917.1(a)(2)(xii)).
(1) Scope. This paragraph applies to the servicing of vehicle wheels
containing tube-type tires mounted on multi-piece rims.
(2) Definition. ``Multi-piece rim'' means a vehicle wheel rim
consisting of two or more parts, one of which is a (side) locking ring
designed to hold the tire on the rim by tension on interlocking
components when the tire is inflated, regardless of the relative sizes
of the component parts.
(3) Employee training. (i) Only employees trained in the procedures
required in paragraph (o)(4) of this section and who have demonstrated
their ability to service multi-piece rim wheels shall be assigned such
duties.
(ii) Employees assigned such duties shall have demonstrated their
ability by the safe performance of the following tasks:
(A) Tire demounting (including deflation);
(B) Inspection of wheel components;
(C) Mounting of tires;
(D) Inflation of tires, including use of a restraining device;
(E) Handling of wheels;
(F) Inflation of tires when a wheel is mounted on the vehicle; and
(G) Installation and removal of wheels.
(4) Servicing procedures. The following procedures shall be
followed:
(i) Tires shall be completely deflated before demounting by removal
of the valve core;
(ii) The valve core shall be removed before the wheel is removed
from the axle when:
(A) The tire has been operated underinflated at 80% or less of its
recommended pressure, or
(B) There is discernible or suspected damage to the tire or wheel
components;
(iii) Mating surfaces shall be free of dirt, surface rust, scale and
rubber buildup before mounting;
(iv) Rubber lubricant shall be applied to bead and rim mating
surfaces upon wheel assembly and inflation of the tire;
(v) Air pressure shall not exceed 3 psig (0.21 kg/cm\2\) when
seating the locking ring or rounding out the tube when a tire is being
partially inflated without a restraining device;
(vi) While the tire is pressurized, components shall not be struck
or forced to correct the seating of side or lock rings;
(vii) There shall not be any contact between an employee or unit of
equipment and a restraining device during tire inflation;
(viii) After inflation, tires, rims and rings shall be inspected
while within the restraining device to ensure seating and locking. If
adjustment is necessary the tire shall first be deflated by valve core
removal; and
(ix) Before assembly, wheel components shall be inspected, and
damaged rim components shall not be reused.
(5) Charts and manuals. (i) The employer shall provide a chart
containing as a minimum the instructions and information provided in the
United States Department of Transportation, National Highway Traffic
Safety Administration (NHTSA) publication ``Safety Precautions for
Mounting and Demounting Tube-Type Truck/Bus Tires'' and ``Multi-Piece
Rim Wheel Matching Chart,'' and pertinent to the type(s) of multi-piece
rim wheels being
[[Page 231]]
serviced. The chart shall be available in the terminal's service area.
\6\
---------------------------------------------------------------------------
\6\ NHTSA charts are available from General Services Division,
National Highway Traffic Safety Administration, Attention: N48-51, 400
Seventh Street, SW., Washington, D.C. 20590. Industry charts are
available upon request from the manufacturer.
---------------------------------------------------------------------------
(ii) A current rim manual containing the manufacturer's instructions
for mounting, demounting, maintenance and safety precautions relating to
the multi-piece rim wheels being serviced shall be available in the
terminal's service area.
(6) Restraining devices. (i) Except as otherwise noted, inflation
shall be done within a restraining device such as a cage, rack or other
device capable of withstanding the maximum force that would be
transferred to it during an explosive wheel separation occurring at 150%
of maximum tire specification pressure for the wheels being serviced.
The restraining device shall be capable of preventing rim components
from being thrown outside the frame of the device for any wheel position
within the device. When the wheel assembly is mounted on a vehicle,
tires may be inflated without a restraining device only if they have
more than 80% of the recommended pressure and if remote control
inflation equipment is used and employees are clear of the danger area.
(ii) Restraining devices shall be kept in good repair and be capable
of preventing rim components from being thrown outside the device.
(7) Inflation hoses. Inflation hoses shall have a manual clip-on
chuck with sufficient hose to permit an employee to be clear of the
danger zone. An in-line, manually operated valve with gauge or a preset
pressure regulator shall be used to inflate tires.
(8) Other equipment. (i) Only tools recommended in the rim manual
for the type of wheel being serviced shall be used to service multi-
piece rim wheels.
(ii) Wheel components shall not be interchanged except as provided
in the applicable chart or manual.
[48 FR 30909, July 5, 1983, as amended at 52 FR 36026, Sept. 25, 1987;
62 FR 40199, July 25, 1997; 65 FR 40939, June 30, 2000]
Sec. 1917.45 Cranes and derricks (See also Sec. 1917.50).
(a) Coverage. (1) This section applies to every kind of crane and
derrick and to any other type of equipment performing the functions of a
crane or derrick except as noted in paragraph (a)(2) of this section.
(2) This section does not apply to small industrial truck-type
cranes, container handling top-loaders and sideloaders, chain hoists,
and mobile straddle-type cranes incapable of straddling two or more
intermodal containers (16 feet (4.88 m) in width).
(b) Ratings. (1) Except for bridge cranes covered by paragraph (g)
of this section, cranes and derricks having ratings that vary with boom
length, radius (outreach) or other variables shall have a durable rating
chart visible to the operator, covering the complete range of the
manufacturer's (or design) capacity ratings. The rating chart shall
include all operating radii (outreach) for all permissible boom lengths
and jib lengths as applicable, with and without outriggers, and
alternate ratings for optional equipment affecting such ratings.
Precautions or warnings specified by the owner or manufacturer shall be
included along with the chart.
(2) The manufacturer's (or design) rated loads for the conditions of
use shall not be exceeded.
(3) Designated working loads shall not be increased beyond the
manufacturer's ratings or original design limitations unless such
increase receives the manufacturer's approval. When the manufacturer's
services are not available or where the equipment is of foreign
manufacture, engineering design analysis shall be performed or approved
by a person accredited for certificating the equipment under part 1919
of this chapter. Engineering design analysis shall be performed by a
registered professional engineer competent in the field of cranes and
derricks. Any structural changes necessitated by the change in rating
shall be carried out.
(c) Radius indicator. When the rated load varies with the boom
radius, the crane or derrick shall be fitted with a boom angle or radius
indicator visible to the operator.
[[Page 232]]
(d) Prohibited usage. (1) Equipment shall not be used in a manner
that exerts sideloading stresses upon the crane or derrick boom.
(2) No crane or derrick having a visible or known defect that
affects safe operation shall be used.
(e) Protective devices. (1) When exposed moving parts such as gears,
chains and chain sprockets present a hazard to employees during crane
and derrick operations, those parts shall be securely guarded.
(2) Crane hooks shall be latched or otherwise secured to prevent
accidental load disengagement.
(f) General--(1) Operating controls. (i) Crane and derrick operating
controls shall be clearly marked, or a chart indicating their function
shall be posted at the operator's position.
(ii) After October 3, 1984, overhead bridge and container gantry
crane operating control levers shall be self-centering so that they will
automatically move to the ``off'' position when the operator releases
the control.
(2) Booms. Cranes with elevatable booms and without operable
automatic limiting devices shall be provided with boom stops if boom
elevation can exceed maximum design angles from the horizontal.
(3) Foot pedals. Foot pedals shall have a non-skid surface.
(4) Access. Ladders, stairways, stanchions, grab irons, foot steps
or equivalent means shall be provided as necessary to ensure safe access
to footwalks, cab platforms, the cab and any portion of the
superstructure which employees must reach.
(i) Footwalks shall be of rigid construction, and shall be capable
of supporting a load of 100 pounds (4.79 kPa) per square foot.
(ii) If more than 20 feet (6.1 m) in height, vertical ladders shall
comply with Sec. 1917.118 (d), (e)(1), (e)(2)(iii), and (e)(2)(iv).
(iii) Stairways on cranes shall be equipped with rigid handrails
meeting the requirements of Sec. 1917.112(e).
(iv) If the top of a ladder or stairway or any position thereof is
located where a moving part of a crane, such as a revolving house, could
strike an employee ascending or descending the ladder or stairway, a
prominent warning sign shall be posted at the foot of the ladder or
stairway. A system of communication (such as a buzzer or bell) shall be
established and maintained between the foot of the ladder or stairway
and the operator's cab.
(5) Operator's station. (i) The cab, controls and mechanism of the
equipment shall be so arranged that the operator has a clear view of the
load or signalman, when one is used. Cab glass, when used, shall be
safety plate glass or equivalent. Cranes with missing, broken, cracked,
scratched, or dirty glass (or equivalent) that impairs operator
visibility shall not be used. Clothing, tools and equipment shall be
stored so as not to interfere with access, operation, and the operator's
view.
(ii) A seat (lap) belt, meeting the requirements of 49 CFR 571.208-
210 for a Type 1 seat belt assembly, shall be installed on the
operator's seat of high speed container gantry cranes where the seat
trolleys.
(6) Counterweights or ballast. Cranes shall be operated only with
the specified type and amount of ballast or counterweights. Ballast or
counterweight shall be located and secured only as provided in the
manufacturer's or design specifications, which shall be available.
(7) Outriggers. Outriggers shall be used according to the
manufacturers' specifications or design data, which shall be available.
Floats, when used, shall be securely attached to the outriggers. Wood
blocks or other support shall be of sufficient size to support the
outrigger, free of defects that may affect safety and of sufficient
width and length to prevent the crane from shifting or toppling under
load.
(8) Exhaust gases. Engine exhaust gases shall be discharged away
from the normal position of crane operating personnel.
(9) Electrical equipment shall be so located or enclosed that live
parts will not be exposed to accidental contact. Designated persons may
work on energized equipment only if necessary during inspection,
maintenance, or repair.
(10) Fire extinguisher. (i) At least one portable fire extinguisher
of at least 5-BC rating or equivalent shall be accessible in the cab of
the crane or derrick.
[[Page 233]]
(ii) No portable fire extinguisher using carbon tetrachloride or
chlorobromomethane extinguishing agents shall be used.
(11) Rope on drums. At least three full turns of rope shall remain
on ungrooved drums, and two turns on grooved drums, under all operating
conditions. Wire rope shall be secured to drums by clamps, U-bolts,
shackles or equivalent means. Fiber rope fastenings are prohibited.
(12) Assembly or disassembly of boom sections. Mobile crane booms
being assembled or disassembled on the ground with or without the
support of the boom harness shall be blocked to prevent dropping of the
boom or boom sections.
(13) Brakes. (i) Each independent hoisting unit of a crane shall be
equipped with at least one holding brake, applied directly to the motor
shaft or gear train.
(ii) Each independent hoisting unit of a crane, except worm geared
hoists, the angle of whose worm is such as to prevent the load from
accelerating in the lowering direction, shall, in addition to a holding
brake, be equipped with a controlled braking means to control lowering
speeds.
(iii) Holding brakes for hoist units shall have not less than the
following percentage of the rated load hoisting torque at the point
where the brake is applied:
(A) 125 percent when used with an other than mechanically controlled
braking means; or
(B) 100 percent when used with a mechanically-controlled braking
means.
(C) 100 percent when two holding brakes are provided.
(iv) All power control braking means shall be capable of maintaining
safe lowering speeds of rated loads.
(g) Rail-mounted cranes (excluding locomotive types). (1) For the
purposes of this section, rail-mounted cranes include bridge cranes and
portal cranes.
(2) Rated load marking. The rated loads of bridge cranes shall be
plainly marked on each side of the crane and in the cab. If there is
more than one hoisting unit, each hoist shall have its rated load marked
on it or on its load block. Marking shall be legible from the ground
level.
(3) Wind-indicating devices. (i) After October 3, 1983, each rail-
mounted bridge and portal crane located outside of an enclosed structure
shall be fitted with an operable wind-indicating device.
(ii) The wind indicating device shall provide a visible or audible
warning to alert the operator of high wind conditions. That warning
shall be transmitted whenever the following circumstances are present:
(A) When wind velocity reaches the warning speed, not exceeding the
crane manufacturer's recommendations; and
(B) When wind velocity reaches the shutdown speed, not exceeding the
crane manufacturer's recommendations, at which work is to be stopped and
the crane secured.
(iii) Instructions. The employer shall post operating instructions
for high wind conditions in the operator's cab of each crane. Operators
shall be directed to comply with these instructions. The instructions
shall include procedures for responding to high wind alerts and for any
coordination necessary with other cranes.
(4) Securing of cranes in high winds. (i) When the wind reaches the
crane's warning speed:
(A) Gantry travel shall be stopped; and
(B) The crane shall be readied for shutdown.
(ii) When the wind reaches the crane's shutdown speed:
(A) Any portion of the crane spanning or partially spanning a vessel
shall be moved clear of the vessel if safe to do so; and
(B) The crane shall be secured against travel, using all available
means of securing.
(5) The employer shall monitor local weather conditions by
subscribing to a weather service or using equally effective means.
(6) Stops and bumpers. (i) The ends of all tracks shall be equipped
with stops or bumpers. If a stop engages the tread of the wheel, it
shall be of a height not less than the radius of the wheel.
(ii) When more than one crane operates on the same runway or more
than one trolley on the same bridge, each crane or trolley shall be
equipped with
[[Page 234]]
bumpers or equivalent devices at adjacent ends subject to impact.
(7) Employee exposure to crane movement. When employees may be in
the vicinity of the tracks, crane trucks shall be equipped with
personnel-deflecting guards.
(8) Pedestrian clearance. If the track area is used for employee
passage or for work, a minimum clearance of three feet (.91 m) shall be
provided between trucks or the structures of rail-mounted cranes and any
other structure or obstruction. When the required clearance is not
available on at least one side of the crane's trucks, the area shall not
be used and shall be marked and identified.
(9) Warning devices. Rail-mounted cranes shall be equipped with an
effective travel warning device which shall be used to warn employees
who may be in the path of the moving crane.
(10) Communications. Means of communication shall be provided
between the operator's cab and the base of the gantry of all rail-
mounted cranes. This requirement may be met by telephone, radio, sound-
signalling system or other effective methods, but not solely by hand-
signalling.
(11) Limit switch bypass systems shall be secured during all cargo
operations. Such bypass systems shall not be used except in an emergency
or during non-cargo handling operations such as stowing cranes or
derricks or performing repairs. When a situation requiring the use of a
bypass system or the readjustment of a limit switch arises, it shall be
done only under the direction of a crane mechanic.
(h) Stabilizing of locomotive cranes. Loads may be hoisted by
locomotive cranes only if outriggers are in place, unless means are
taken to prevent the load being carried by the truck springs of the
crane.
(i) Operations. (1) Use of cranes together. When two or more cranes
hoist a load in unison, a designated person shall direct the operation
and instruct personnel in positioning, rigging of the load and movements
to be made.
(2) Guarding of swing radius. Accessible areas within the swing
radius of the body of a revolving crane shall be physically guarded
during operations to prevent an employee from being caught between the
body of the crane and any fixed structure or between parts of the crane.
(3) Securing mobile crane components in transit. The crane's
superstructure and boom shall be secured against rotation and carried in
line with the direction of travel except when negotiating turns with an
operator in the cab or when the boom is supported on a dolly. The empty
hook or other attachment shall be secured.
(4) Unattended cranes. The following steps shall be taken before
leaving a crane unattended between work periods:
(i) Suspended loads, such as those hoisted by lifting magnets or
clamshell buckets, shall be landed unless the storage position or
maximum hoisting of the suspended device will provide equivalent safety;
(ii) Clutches shall be disengaged;
(iii) The power supply shall be shut off;
(iv) The crane shall be secured against accidental travel; and
(v) The boom shall be lowered or secured against movement.
(5) Operating near electric power lines. (i) Clearance. Unless
electrical distribution and transmission lines are de-energized and
visibly grounded at the point of work, or unless insulating barriers not
a part of or attached to the crane have been erected to prevent physical
contact with lines, cranes may be operated near power lines only in
accordance with the following:
(A) For lines rated 50 kV or below, minimum clearance between the
lines and any part of the crane or load shall be 10 feet (3.05 m);
(B) For lines rated over 50 kV, minimum clearance between the lines
and any part of the crane or load shall be either 10 feet (3.05 m) plus
0.4 inch (10.16 mm) for each 1 kV over 50 kV, or twice the length of the
line insulator, but never less than 10 feet; and
(C) In transit with no load and boom lowered, the clearance shall be
a minimum of 4 feet (1.22 m).
(ii) Boom guards. Cage-type boom guards, insulating links or
proximity warning devices may be used on cranes, but they shall not be
used in place of the clearances required by paragraph (i)(5)(i) of this
section.
[[Page 235]]
(iii) Determination of energized lines. Any overhead line shall be
presumed to be energized until the owner of the line indicates that it
is not energized.
(j) Protection for employees being hoisted. (1) No employee shall be
hoisted by the load hoisting apparatus of a crane or derrick except:
(i) On intermodal container spreaders, equipped in accordance with
paragraph (j)(8) of this section; or
(ii) In a boatswain's chair or other device rigged to prevent it
from accidental disengagement from the hook or supporting member; or
(iii) On a platform meeting the following requirements:
(A) Enclosed by a railing or other means providing protection
equivalent to that described in Sec. 1917.112(c). If equipped with open
railings, the platform shall be fitted with toe boards;
(B) Having a safety factor of four based on ultimate strength;
(C) Bearing a plate or permanent marking indicating maximum load
rating, which shall not be exceeded, and the weight of the platform
itself;
(D) Equipped with a device to prevent access doors, when used, from
opening accidentally;
(E) Equipped with overhead protection for employees on the platform
if they are exposed to falling objects or overhead hazards;
(F) Secured to the load line by means other than wedge and socket
attachments, unless the free (bitter) end of the line is secured back to
itself by a clamp placed as close above the wedge as possible.
(2) Except in an emergency, the hoisting mechanism of all cranes or
derricks used to hoist personnel shall operate only in power up and
power down, with automatic brake application when not hoisting or
lowering.
(3) Variable radius booms of a crane or derrick used to hoist
personnel shall be so constructed or secured as to prevent accidental
boom movement.
(4) Platforms or devices used to hoist employees shall be inspected
for defects before each day's use and shall be removed from service if
defective.
(5) Employees being hoisted shall remain in continuous sight of and
communication with the operator or signalman.
(6) Operators shall remain at the controls when employees are
hoisted.
(7) Cranes shall not travel while employees are hoisted, except in
emergency or in normal tier to tier transfer of employees during
container operations.
(8) When intermodal container spreaders are used to transfer
employees to or from the tops of containers, the spreaders shall be
equipped with a personnel platform equipped with fixed railings,
provided that the railings have one or more openings for access. The
openings shall be fitted with a means of closure, such as chains with
hooks. Existing railings shall be at least 36 inches (0.91 m) in height.
New railings installed after October 3, 1983 shall be 42 inches (1.07
m), plus or minus 3 inches (7.62 cm), in height. The provisions of
paragraphs (j)(1)(iii)(C), (j)(1)(iii)(D), and (j)(1)(iii)(F) of this
section also apply to personnel platforms when such container spreaders
are used.
(9) Employees shall not be hoisted on intermodal container spreaders
while a load is engaged.
(10) All cranes and derricks used to hoist personnel shall be
equipped with an anti-two-blocking device.
(k) Routine inspection. (1) Designated persons shall visually
inspect each crane and derrick on each day of use for defects in
functional operating components and shall report any defect found to the
employer. The employer shall inform the operator of the findings.
(2) A designated person shall thoroughly inspect all functional
components and accessible structural features of each crane or device at
monthly intervals.
(3) Any defects found during such inspections which may create a
safety hazard shall be corrected before further equipment use. Repairs
shall be performed only by designated persons.
(4) A record of monthly inspections shall be maintained for six
months in or on the crane or derrick or at the terminal.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40199, July 25, 1997; 65
FR 40940, June 30, 2000]
[[Page 236]]
Sec. 1917.46 Load indicating devices.
(a)(1) Except as provided in paragraph (a)(1)(viii) of this section,
every crane after October 3, 1984 shall be fitted with a load indicating
device or alternative device in proper working condition which shall
meet the following criteria:
(i) The type or model or any load indicating or alternate device
which is used shall provide:
(A) A direct indication in the cab of actual weight hoisted or a
means of determining this by referencing a weight indication to crane
ratings posted and visible to the operator, except that the use of a
dynamometer or simple scale alone will not meet this requirement; or
(B) Indications in the cab according to the radius and load at the
moment; or
(C) A direct means to prevent an overload from occurring.
(ii) The accuracy of the load indicating device, weight-moment
device, or overload protection device shall be such that any indicated
load (or limit), including the sum of actual weight hoisted and
additional equipment or ``add ons'' such as slings, sensors, blocks,
etc., is within the range between 95 percent (5 percent underload) and
110 percent (10 percent overload) of the actual true total load. Such
accuracy shall be required over the range of daily operating variables
reasonably anticipated under the conditions of use.
(iii) The device shall permit the operator to determine, before
making any lift, that the indicating or substitute system is operative.
In the alternative, if a device is so mounted or attached to preclude
such a determination, it may not be used unless it has been certified by
the manufacturer to remain operable within the limits stated in
paragraph (a)(1)(ii) of this section for a specific period of use.
Checks for accuracy, using known values of load, shall be performed at
the time of every certification survey (see Sec. 1917.50) and at such
additional times as may be recommended by the manufacturer.
(iv) When a load indicating device or alternative system is so
arranged in the supporting system (crane structure) that its failure
could cause the load to be dropped, its strength shall not be the
limiting factor of the supporting system (crane structure).
(v) Marking shall be conspicuously placed giving: units of measure
in pounds or both pounds and kilograms, capacity of the indicating
system, accuracy of the indicating system, and operating instructions
and precautions. In the case of systems utilizing indications other than
actual weights, the marking shall include data on: the means of
measurement, capacity of the system, accuracy of the system, and
operating instructions and precautions. If the system used provides no
readout, but is such as to automatically cease crane operation when the
rated load limit under any specific condition of use is reached, marking
shall be provided giving the make and model of the device installed, a
description of what it does, how it is operated, and any necessary
precautions regarding the system. All weight indications, other types of
loading indications, and other data required shall be readily visible to
the operator.
(vi) All load indicating devices shall be operative over the full
operating radius. Overall accuracy shall be based on actual applied load
and not on full scale (full capacity) load.
Explanatory Note: For example, if accuracy of the load indicating
device is based on full scale load and the device is arbitrarily set at
plus/minus 10 percent, it would accept a reading between 90,000 and
110,000 lbs., at full capacity of a machine with 100,000 lbs., maximum
rating, but would also allow a reading between zero and 20,000 lbs., at
that outreach (radius) at which the rating would be 10,000 lbs.,
capacity--an unacceptable figure. If, however, accuracy is based on
actual applied load under the same conditions, the acceptable range
would remain the same with the 100,000-lb. load but becomes a figure
between 9,000 and 11,000 lbs., a much different and acceptable
condition, at the 10,000-lb. load.
(vii) When the device uses the radius as a factor in its use or in
its operating indications, the indicated radius (which may be in feet
and/or meters, or degrees of boom angle, depending on the system used)
shall be a figure which is within the range of a figure no greater than
110 percent of the actual radius to a figure which is no less than 97
percent of the actual (true) radius. A
[[Page 237]]
conversion chart shall be provided whenever it is necessary to convert
between degrees of radius and feet or meters.
(viii) The load indicating device requirements of this subparagraph
do not apply to a crane:
(A) Of trolley equipped bridge type or overhead type while handling
intermodal containers known to be identified as empty, or loaded, and in
either case in compliance with the provisions of Sec. 1917.71, or while
hoisting other lifts by means of a lifting beam supplied by the crane
manufacturer for the purpose, and in all cases within the crane rating;
(B) While handling bulk commodities or cargoes by means of clamshell
bucket or magnet;
(C) While used to handle or hold hoses in connection with transfer
of bulk liquids or other hose handled products; or
(D) While the crane is used exclusively to handle cargo or equipment
the total actual gross weight of which is known by means of marking of
the unit or units hoisted, when such total actual gross weight never
exceeds 11,200 lbs., and when 11,200 lbs., is less than the rated
capacity of the crane at the maximum outreach that is possible under the
conditions of use at the time.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40199, July 25, 1997]
Sec. 1917.47 Winches.
(a) Moving winch parts which present caught-in hazards to employees
shall be guarded.
(b) Winches shall have clearly identifiable and readily accessible
stop controls.
(c) Portable winches shall be secured against accidental shifting
while in use.
(d) Portable winches shall be fitted with limit switches if
employees have access to areas from which it is possible to be drawn
into the winch.
(e) The provisions of Sec. 1917.45(f)(11) shall apply to winches.
Sec. 1917.48 Conveyors.
(a) Guards. (1) Danger zones at or adjacent to conveyors shall be
guarded to protect employees.
(2) An elevated walkway with guardrail or equivalent means of
protection shall be provided where employees cross over moving
conveyors, and suitable guarding shall be provided when employees pass
under moving conveyors.
(b) Moving parts. Conveyor rollers and wheels shall be secured in
position.
(c) Positioning. Gravity conveyor sections shall be firmly placed
and secured to prevent them from falling.
(d) Braking. (1) When necessary for safe operation, provisions shall
be made for braking objects at the delivery end of the conveyor.
(2) Conveyors using electrically released brakes shall be
constructed so that the brakes cannot be released until power is
applied, and so that the brakes are automatically engaged if the power
fails or the operating control is returned to the ``stop'' position.
(e) Stability. Portable conveyors shall be stable within their
operating ranges. When used at variable fixed levels, the unit shall be
secured at the operating level.
(f) Emergency stop devices. Readily accessible stop controls shall
be provided for use in an emergency. Whenever the operation of any power
conveyor requires personnel to work in the immediate vicinity of the
conveyor, the Conveyor or controls shall not be left unattended while
the conveyor is in operation.
(g) Starting powered conveyors. Powered conveyors shall not be
started until all employees are clear of the conveyor or have been
warned that the conveyor is about to start.
(h) Loading and unloading. The area around conveyor loading and
unloading points shall be kept clear of obstructions during conveyor
operations.
(i) Lockout/Tagout. (1) Conveyors shall be stopped and their power
sources locked out and tagged out during maintenance, repair, and
servicing, unless power is necessary for testing.
(2) The starting device shall be locked out and tagged out in the
stop position before an attempt is made to remove the cause of a jam or
overload of the conveying medium, unless it is necessary to have the
power on to remove the jam.
[[Page 238]]
(j) Safe practices. (1) Only designated persons shall operate,
repair or service powered conveyors.
(2) The employer shall direct employees to stay off operating
conveyors.
(3) Conveyors shall be operated only with all overload devices,
guards and safety devices in place and operable.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40200, July 25, 1997]
Sec. 1917.49 Spouts, chutes, hoppers, bins, and associated equipment.
(a) Standing and running rigging and associated gear used as a
permanent part of spouts, chutes or similar devices shall be inspected
before each use and shall not be used if it has any functional defects.
(See also Sec. 1917.50(c)(2) for certification requirements.)
(b) Direct communication shall be provided between the discharge or
shipboard control end of loading spouts and chutes and the point in the
terminal from which the flow of cargo is controlled.
(c) Chute and hopper openings which present a hazard shall be
guarded to prevent employees from falling through them.
(d) When employees are working on hoppers, the hopper shall be
equipped with a safe walkway and means of access.
(e) When necessary for the safety of employees, chutes shall be
equipped with sideboards to afford protection from falling objects.
(f) Chutes shall be firmly placed and secured to prevent them from
falling.
(g) When necessary for the safety of employees, provisions shall be
made for braking objects other than bulk commodities at the delivery end
of the chute.
(h) Before an employee enters an empty bin:
(1) Personnel controlling the flow of cargo into the bin shall have
been notified of the entry; and
(2) The power supply to the equipment carrying the cargo to the bin
shall be turned off, locked out and tagged.
(i) Before an employee enters a bin containing a bulk commodity such
as coal or sugar, the employer shall ensure that:
(1) Personnel controlling the flow of cargo into the bin have been
notified of the entry;
(2) The power supply to the equipment carrying the cargo to the bin
is turned off, locked out and tagged.
(3) The employee entering the bin wears a lifeline and safety
harness; and
(4) A standby attendant equipped to perform a rescue is continuously
stationed outside the bin until the employee has left the bin.
(j) Bin top openings that present a hazard to employees shall be
covered to prevent employees from falling into bins.
(k) Chutes and hoppers shall be repaired only by designated persons.
(l)(1) Before power shoveling operations begin, a designated person
shall inspect the equipment to be used. The inspection shall include at
least the eye bolts, wires, and sheaves.
(2) Power shovels and associated equipment with defects affecting
safe operation shall not be used.
(3) Before adjustments are made to a power shovel, wire, or
associated equipment, the power supply to the shovel shall be turned
off, locked out, and tagged, the belt stopped, and the hopper closed.
Sec. 1917.50 Certification of marine terminal material handling
devices (See also mandatory appendix I, of this part).
(a) The employer shall not use any material handling device listed
in paragraph (c) of this section until he has ascertained that the
device has been certificated, as evidenced by current and valid
documents attesting to compliance with the requirements of paragraph (b)
of this section.
(1) Certification surveys are to be completed for the conditions of
use found at the time such surveys are completed, with the understanding
that equipment owners/users can change the configurations of the
equipment according to the manufacturer's specifications without
affecting the established certification status for the equipment.
(2) In cases of foreign manufactured cranes, there shall be an
owner's warranty that the design is adequate for the intended use. The
warranty shall be based on a thorough examination of
[[Page 239]]
the design specifications by a registered professional engineer familiar
with the equipment.
(b) The certifications required by this section shall be performed:
(1) In accordance with part 1919 of this chapter, by persons then
currently accredited by the Occupational Safety and Health
Administration as provided in that part; or
(2) In accordance with standards established and enforced by the
state in which the device is located or by a political subdivision
thereof, which have been found by the Secretary to be compatible with
part 1919 of this chapter, by persons designated as competent to perform
such certification by competent state authority and recognized as such
by the Secretary.
(c) The marine terminal material handling devices listed below shall
be certificated in the following manner:
(1) Each crane and derrick shall be tested as a unit quadrennially,
and shall be examined annually. Certificates of tests and examinations
shall be made readily available for inspection.
(2) Bulk cargo spouts and suckers, together with any portable
extensions and rigging or outriggers supporting them vertically, shall
be examined annually. Certificates attesting to the required examination
shall be made readily available for inspection.
(3) Vertical pocket or bucket conveyors such as banana, sugar, and
grain marine legs (other than those within a grain elevator structure)
used within a marine terminal facility shall be examined annually. The
annual examination shall include all supporting structures, rigging and
mechanical components and observation of all steps of operations.
Certificates attesting to the required examinations shall be readily
available for inspection.
(4)(i) House fall cargo-handling gear in use shall be proof load
tested as a unit upon initial certification and every fourth year
thereafter. An examination shall be carried out in conjunction with each
unit proof load test and annually thereafter. The unit test shall
consist of a proof load of 25 percent in excess of the rated safe
working load. Examinations shall include all supporting structures and
components. Certificates attesting to the required tests and
examinations shall be readily available for inspection.
(ii) House fall span beams or other house fall block supports shall
be marked with the safe working load, which shall not be exceeded.
(5) Special gear. (i) Special stevedoring gear provided by the
employer, the strength of which depends upon components other than
commonly used stock items such as shackles, ropes, or chains, and that
has a Safe Working Load (SWL) greater than five short tons (10,000 lbs
or 4.54 metric tons) shall be inspected and tested as a unit before
initial use (see Table A in paragraph (c)(5)(ii) of this section). In
addition, any special stevedoring gear that suffers damage necessitating
structural repair shall be inspected and retested after repair and
before being returned to service.
(ii) Special stevedoring gear provided by the employer that has a
SWL of five short tons (10,000 lbs or 4.54 metric tons) or less shall be
inspected and tested as a unit before initial use according to
paragraphs (d) and (e) of this section or by a designated person (see
Table A in this paragraph (c)(5)(ii)).
Table A
------------------------------------------------------------------------
Safe working load Proof load
------------------------------------------------------------------------
Up to 20 short tons (18.1metric tons)..... 25 percent in excess.
From 20 through 50 short tons (18.1 to 5 short tons in excess.
45.4 metric tons.
Over 50 short tons (45.4 metric tons)..... 10 percent in excess.
------------------------------------------------------------------------
(iii) Every spreader that is not a part of ship's gear and is used
for handling intermodal containers shall be inspected and tested before
initial use to a proof load equal to 25 percent greater than its rated
capacity. In addition, any spreader that suffers damage necessitating
structural repair shall be inspected and retested after repair and
before being returned to service.
(iv) All cargo handling gear covered by this section with a SWL
greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be
proof load tested according to Table A of this section every 4 years in
accordance with paragraph (b) of this section or by a designated person.
[[Page 240]]
(v) Certificates and inspection and test records attesting to the
tests required by this section shall be available for inspection.
(6) Wire rope and loose gear obtained after October 3, 1983, and
used for material handling shall have been tested and certificated
before being placed into use in accordance with the provisions of
paragraphs (a), (c), and (d) of Sec. Sec. 1919.31 and 1919.32 through
1919.34 of this chapter as applicable. Certificates attesting to the
required tests, inspections and examinations shall be available.
(d) Disassembly and reassembly of equipment does not require
recertification of the equipment provided that the equipment is
reassembled and used in a manner consistent with its certification.
(e) For equipment certificated in accordance with paragraph (b)(2)
of this section and transferred to a job site in another state, the
current certification shall remain valid until the next inspection or
examination becomes due.
(f) Certification procedures shall not be construed as a substitute
for, or cause for elimination of, normal operational inspection and
maintenance routine throughout the year.
(g)(1) Every unit of equipment requiring quadrennial certification
shall have had such quadrennial certification within the previous 48
months. Equipment requiring annual certification shall have had such
annual certification within the previous 12 months, except that no
annual certification is required within 12 months after any required
quadrennial certification. Annual examinations for certification may be
accomplished up to one month early without effect on subsequent due
dates.
(2) When certificated equipment is out of service for 6 months or
more beyond the due date of a certification inspection, an examination
equivalent to an initial certification, including unit proof load test,
shall be performed before the equipment re-enters service.
(h) Loose gear obtained after October 3, 1983 shall bear a legible
mark indicating that it has been tested (see paragraph (c)(6) of this
section). Single sheave blocks shall be marked with safe working loads
and proof test loads. Marks relating to testing shall be identifiable on
the related certificates, which shall be available.
(i) Safe working load. (1) The safe working load of gear as
specified in this section shall not be exceeded.
(2) All cargo handling gear provided by the employer with a safe
working load greater than five short tons (10,000 lbs. or 4.54 metric
tons) shall have its safe working load plainly marked on it.
(j) Exceptions: The certification requirements of this section do
not apply to the following equipment:
(1) Small industrial crane trucks as described on page 8 and
illustrated on page 13 of ASME B56.1, 1959, ``Safety Code for Powered
Industrial Trucks'', and powered industrial trucks;
(2) Any straddle truck not capable of straddling two or more
intermodal containers 16 feet (4.88 m) in width; and
(3) Gear used only for handling or holding hoses, handling ship's
stores or handling the gangway.
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61
FR 5509, Feb. 13, 1996; 62 FR 40200, July 25, 1997; 64 FR 61506, Nov.
12, 1999; 65 FR 40940, June 30, 2000]
Sec. 1917.51 Hand tools.
(a) Hand tools used by employees shall be maintained in safe
operating condition.
(b)(1) Hand-held portable electric tools shall be equipped with
switches that must be manually held in a closed position to operate the
tool.
(2) Portable power-driven circular saws shall be equipped with
guards above and below the base plate or shoe. The upper guard shall
cover the saw to the depth of the teeth, except for the minimum arc
needed to permit the base to be tilted for bevel cuts. The lower guard
shall cover the saw to the depth of the teeth, except for the minimum
arc needed to allow proper retraction and contact with the work. When
the tool is withdrawn from the work, the lower guard shall automatically
and instantly return to the covering position.
(c) Only cutting tools shall be used to cut metal strapping or
banding used to secure cargo.
[[Page 241]]
Subpart D_Specialized Terminals
Sec. 1917.70 General.
The provisions of this subpart D shall apply to specialized
terminals in addition to any other applicable requirements of this part.
Sec. 1917.71 Terminals handling intermodal containers or roll-on roll-
off operations.
(a) Every intermodal container shall be legibly and permanently
marked with:
(1) The weight of the container when empty, in pounds;
(2) The maximum cargo weight the container is designed to carry, in
pounds; and
(3) The sum of the weight of the container and the cargo, in pounds.
(b) No container shall be hoisted by any crane or derrick unless the
following conditions have been met:
(1) The employer shall ascertain from the carrier whether a
container to be hoisted is loaded or empty. Empty containers shall be
identified before loading or discharge in such a manner as will inform
every supervisor and foreman on the site and in charge of loading or
discharging, or every crane or other hoisting equipment operator and
signalman, if any, that such container is empty. Methods of
identification may include cargo plans, manifests or markings on the
container.
(2) In the case of a loaded container:
(i) The actual gross weight shall be plainly marked so as to be
visible to the crane or other hoisting equipment operator or signalman,
or to every supervisor and foreman on the site and in charge of the
operation; or
(ii) The cargo stowage plan or equivalent permanently recorded
display serving the same purpose, containing the actual gross weight and
the serial number or other positive identification of that specific
container, shall be provided to the crane or other hoisting equipment
operator and signalman, if any, and to every supervisor and foreman on
the site and in charge of the operation.
(3) Every outbound loaded container which is received at a marine
terminal ready to load aboard a vessel without further consolidation or
loading shall be weighed to obtain the actual gross weight, either at
the terminal or elsewhere, before being hoisted.
(4)(i) When container weighing scales are located at a marine
terminal, any outbound container with a load consolidated at that
terminal shall be weighed to obtain an actual weight before being
hoisted.
(ii) If the terminal has no scales, the actual gross weight may be
calculated on the basis of the container's contents and the container's
empty weight. The weights used in the calculation shall be posted
conspicuously on the container, with the name of the person making the
calculation and the date.
(5) Open type vehicle carrying containers and those built
specifically and used solely for the carriage of compressed gases are
excepted from paragraphs (b)(3) and (b)(4) of this section.
(6) Closed dry van containers carrying vehicles are exempted from
paragraph (b)(4) of this section provided that:
(i) The container carries only completely assembled vehicles and no
other cargo;
(ii) The container is marked on the outside in such a manner that an
employee can readily discern that the container is carrying vehicles;
and
(iii) The vehicles were loaded into the container at the marine
terminal.
(7) The weight of loaded inbound containers from foreign ports shall
be determined by weighing or by the method of calculation described in
paragraph (b)(4)(ii) of this section or by shipping documents.
(8) Any scale used within the United States to weigh containers for
the purpose of the requirements of this section shall meet the accuracy
standards of the state or local public authority in which the scale is
located.
(c) No container or containers shall be hoisted if their actual
gross weight exceeds the weight marked as required in paragraph (a)(2)
of this section, or if it exceeds the capacity of the crane or other
hoisting device intended to be used.
(d)(1) Marked or designated areas shall be set aside within a
container or roll-on roll-off terminal for passage of employees to and
from active cargo
[[Page 242]]
transfer points, except where transportation to and from those points is
provided by the employer.
(2) The employer shall direct employees to stay clear of the area
beneath a suspended container.
(e) Each employee working in the immediate area of container
handling equipment or in the terminal's traffic lanes shall wear a high
visibility vest (or equivalent protection). \7\
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\7\ Decals on hard hats will not be considered equivalent protection
for the purposes of this paragraph.
Note to paragraph (e): High visibility vests or equivalent
protection means high visibility/retro-reflective materials which are
intended to make the user clearly visible by day through the use of high
visibility (fluorescent) material and in the dark by vehicle headlights
through the use of retro-reflective material. For example, an acceptable
area of material for a vest or equivalent protection is .5 m\2\ (760
in.\2\) for fluorescent (background) material and .13m\2\ (197 in.\2\)
for retro-reflective material. Vests or equivalent protection, such as
high visibility/retro-reflective coveralls, that are available for
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industrial use, may also be acceptable.
(f) Containers shall be handled using lifting fittings or other
arrangements suitable and intended for the purpose as set forth in
paragraphs (f)(1) through (f)(4) of this section, unless damage to an
intermodal container makes special means of handling necessary.
(1) Loaded intermodal containers of 20 feet (6.1 m) or more in
length shall be hoisted as follows:
(i) When hoisting containers by the top fittings, the lifting forces
shall be applied vertically from at least four such fittings. A less
than vertical lift is permitted only under the following conditions:
(A) The container being lifted is an ISO closed box container;
(B) The condition of the box is sound;
(C) The speed of hoisting and lowering is moderated when heavily
ladened containers \8\ are encountered;
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\8\ A heavily laden container is one that is loaded to within 20
percent of its rated capacity.
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(D) The lift angle is at 80 to 90 degrees;
(E) The distance between the lifting beam and the load is at least 8
feet and 2.4 inches (2.5 m); and
(F) The length of the spreader beam is at least 16.3 feet (5 m) for
a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot
container.
(ii) If hoisted from bottom fittings, the hoisting connections shall
bear on the fittings only, making no other contact with the container.
The angles of the four bridle legs shall not be less than 30[deg] to the
horizontal in the case of 40 foot (12.2 m) containers, 37[deg] in the
case of 30 foot (9.1 m) containers, and 45[deg] in the case of 20 foot
(6.1 m) containers.
(iii) Lifting containers by fork lift trucks or by grappling arms
from above or from one side may be done only if the container is
designed for this type of handling.
(iv) Other means of hoisting may be used only if the containers and
hoisting means are designed for such use.
(2)(i) When using intermodal container spreaders that employ
lanyards for activation of load disengagement, all possible precautions
shall be taken to prevent accidental release of the load.
(ii) Intermodal container spreader twistlock systems shall be
designed and used so that a suspended load cannot accidentally be
released.
(3) Flat bed trucks or container chassis used to move intermodal
containers shall be equipped with pins, flanges, or other means to
prevent the container from shifting.
(4) After July 27, 1998, flat bed, low boy trailers (mafis) and
other similar equipment used to transport containers shall be marked
with their cargo capacities and shall not be overloaded.
(5) Each tractor shall have all brake air lines connected when
pulling trailers equipped with air brakes and shall have the brakes
tested before commencing operations.
(g)(1) Intermodal containers shall be inspected for defects in
structural members or fittings before handling.
(2) Any intermodal container found to be unsafe shall be identified
as such, promptly removed from service and repaired before being
returned to service.
(h) Containers shall not be hoisted unless all engaged chassis twist
locks are released.
[[Page 243]]
(i) Vertical tandem lifts. The following requirements apply to
operations involving the lifting of two or more intermodal containers by
the top container (vertical tandem lifts or VTLs).
(1) Each employee involved in VTL operations shall be trained and
competent in the safety-related work practices, safety procedures, and
other requirements in this section that pertain to their respective job
assignments.
(2) No more than two intermodal containers may be lifted in a VTL.
(3) Before the lift begins, the employer shall ensure that the two
containers lifted as part of a VTL are empty.
Note to paragraph (i)(3): The lift begins immediately following the
end of the prelift required by paragraph (i)(5) of this section. Thus,
the weight may be determined during the prelift using a load indicating
device meeting Sec. 1917.46(a)(1)(i)(A) on the crane being used to lift
the VTL.
(4) The lift shall be performed using either a shore-based container
gantry crane or another type of crane that:
(i) Has the precision control necessary to restrain unintended
rotation of the containers about any axis,
(ii) Is capable of handling the load volume and wind sail potential
of VTLs, and
(iii) Is specifically designed to handle containers.
(5) The employer shall ensure that the crane operator pauses the
lift when the vertically coupled containers have just been lifted above
the supporting surface to assure that each interbox connector is
properly engaged.
(6) Containers below deck may not be handled as a VTL.
(7) VTL operations may not be conducted when the wind speed exceeds
the lesser of:
(i) 55 km/h (34 mph or 30 knots) or
(ii) The crane manufacturer's recommendation for maximum wind speed.
(8) The employer shall ensure that each interbox connector used in a
VTL operation:
(i) Automatically locks into corner castings on containers but only
unlocks manually (manual twistlocks or latchlocks are not permitted);
(ii) Is designed to indicate whether it is locked or unlocked when
fitted into a corner casting;
(iii) Locks and releases in an identical direction and manner as all
other interbox connectors in the VTL;
(iv) Has been tested and certificated by a competent authority
authorized under Sec. 1918.11 of this chapter (for interbox connectors
that are part of a vessel's gear) or Sec. 1917.50 (for other interbox
connectors):
(A) As having a load-bearing surface area of 800 mm\2\ when
connected to a corner casting with an opening that is 65.0 mm wide; and
(B) As having a safe working load of 98 kN (10,000 kg) with a safety
factor of five when the load is applied by means of two corner castings
with openings that are 65.0 mm wide or equivalent devices;
(v) Has a certificate that is available for inspection and that
attests that the interbox connector meets the strength criteria given in
paragraph (i)(8)(iv) of this section; and
(vi) Is clearly and durably marked with its safe working load for
lifting and an identifying number or mark that will enable it to be
associated with its test certificate.
(9) The employer shall ensure that each container and interbox
connector used in a VTL and each corner casting to which a connector
will be coupled is inspected immediately before use in the VTL.
(i) Each employee performing the inspection shall be capable of
detecting defects or weaknesses and be able to assess their importance
in relation to the safety of VTL operations.
(ii) The inspection of each interbox connector shall include: a
visual examination for obvious structural defects, such as cracks; a
check of its physical operation to determine that the lock is fully
functional with adequate spring tension on each head; and a check for
excessive corrosion and deterioration.
(iii) The inspection of each container and each of its corner
castings shall include: a visual examination for obvious structural
defects, such as cracks; a check for excessive corrosion and
deterioration; and a visual examination to ensure that the opening to
which an interbox connector will be connected
[[Page 244]]
has not been enlarged, that the welds are in good condition, and that it
is free from ice, mud or other debris.
(iv) The employer shall establish a system to ensure that each
defective or damaged interbox connector is removed from service.
(v) An interbox connector that has been found to be defective or
damaged shall be removed from service and may not be used in VTL
operations until repaired.
(vi) A container with a corner casting that exhibits any of the
problems listed in paragraph (i)(9)(iii) of this section may not be
lifted in a VTL.
(10) No platform container may be lifted as part of a VTL unit.
(j) Transporting vertically coupled containers. (1) Equipment other
than cranes used to transport vertically connected containers shall be
either specifically designed for this application or evaluated by a
qualified engineer and determined to be capable of operating safely in
this mode of operation.
(2) The employer shall develop, implement, and maintain a written
plan for transporting vertically connected containers. The written plan
shall establish procedures to ensure safe operating and turning speeds
and shall address all conditions in the terminal that could affect the
safety of VTL-related operations, including communication and
coordination among all employees involved in these operations.
(k) Safe work zone. The employer shall establish a safe work zone
within which employees may not be present when vertically connected
containers are in motion.
(1) The safe work zone shall be sufficient to protect employees in
the event that a container drops or overturns.
(2) The written transport plan required by paragraph (j)(2) of this
section shall include the safe work zone and procedures to ensure that
employees are not in this zone when a VTL is in motion.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40200, July 25, 1997; 65
FR 40940, June 30, 2000; 73 FR 75289, Dec. 10, 2008]
Effective Date Note: At 79 FR 22020, Apr. 21, 2014, Sec. 1917.71
was amended by revising paragraph (i) introductory text, adding
paragraph (i)(9)(vii), and removing paragraph (i)(10), effective July
21, 2014. For the convenience of the user, the revised and added text
reads as follows:
Sec. 1917.71 Terminals handling intermodal containers or roll-on roll-
off operations.
* * * * *
(i) Vertical tandem lifts. The following requirements apply to
operations involving the lifting of two or more intermodal containers by
the top container (vertical tandem lifts or VTLs). These requirements do
not apply to operations involving the lifting of two or more
interconnected platform containers.
* * * * *
(9) * * *
(vii) The requirements of paragraph (i)(9) of this section do not
apply to ship-to-shore VTLs.
* * * * *
Sec. 1917.73 Terminal facilities handling menhaden and similar species
of fish (see also Sec. 1917.2, definition of hazardous cargo,
material, substance or atmosphere).
(a)(1) Tanks in terminal areas used for receiving or storing
bailwater for recirculating into vessel holds in discharging operations
shall be opened or ventilated to minimize contamination of water
circulated to the vessel. Bailwater tanks shall be thoroughly drained
upon completion of each day's operations and shall be left open to the
air. Drainage is unnecessary when bailwater has been treated to remove
hydrogen sulfide-producing contaminants and the efficiency of such
treatment has been established by the employer.
(2) Before employees enter a dock tank, it shall first be drained,
rinsed and tested for hydrogen sulfide and oxygen deficiency. Employees
shall not enter the tank when the hydrogen sulfide level exceeds 20 ppm
or oxygen content is less than 19.5 percent, except in emergencies.
(3) Tests shall be conducted by designated personnel with suitable
test equipment and respiratory protective equipment complying with the
provisions of Sec. 1910.134 of this chapter.
[[Page 245]]
(b) Pipelines and hoses on the dock or terminal used for receiving
and circulating used bailwater shall be completely drained upon
completion of each day's operation and left open to the air.
(c) At least four units of respiratory protective equipment
consisting of supplied-air respirators or self-contained breathing
apparatus complying with the requirements of Sec. 1910.134 of this
chapter shall be available in a suitably labeled cabinet for immediate
use in case of emergency caused by oxygen deficiency or hydrogen
sulfide. Any employee entering a tank in an emergency shall, in addition
to respiratory protective equipment, wear a lifeline and safety harness
to facilitate rescue. At least two other employees, similarly equipped,
shall be continuously stationed outside the tank to observe and to
provide rescue services.
(d) The plant superintendent and foremen shall be trained and
knowledgeable about the hazards of hydrogen sulfide and oxygen
deficiency. They shall be trained in the use of appropriate respiratory
and other protective equipment, and in rescue procedures. Other
supervisory plant personnel shall be informed of these hazards and
instructed in the necessary safety measures, including use of
respiratory and rescue equipment.
(e) Supervisory personnel shall be on hand at dockside to supervise
discharging of bailwater from vessels.
[48 FR 30909, July 5, 1983, as amended at 65 FR 40940, June 30, 2000]
Subpart E_Personal Protection
Sec. 1917.91 Eye and face protection.
(a)(1)(i) The employer shall ensure that each affected employee uses
protective eye and face protection devices that comply with any of the
following consensus standards:
(A) ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1917.3;
(B) ANSI Z87.1-1989 (R-1998), ``American National Standard Practice
for Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1917.3; or
(C) ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1917.3.
(ii) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
(2) For employees wearing corrective spectacles, eye protection
equipment required by paragraph (a)(1) of this section must be of a type
which can be worn over spectacles. Prescription ground safety lenses may
be substituted if they provide equivalent protection.
(3) For additional requirements covering eye protection against
radiant energy, see Sec. 1917.152(h).
(b) Eye protection equipment shall be maintained in good condition.
(c) Used eye protection equipment shall be cleaned and disinfected
before reissuance to another employee.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 74
FR 46359, Sept. 9, 2009]
Sec. 1917.92 Respiratory protection.
(See Sec. 1917.1(a)(2)(x)).
[65 FR 40941, June 30, 2000]
Sec. 1917.93 Head protection.
(a) The employer shall ensure that each affected employee wears a
protective helmet when working in areas where there is a potential for
injury to the head from falling objects.
(b)(1) The employer must ensure that head protection complies with
any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1917.3;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1917.3; or
[[Page 246]]
(iii) American National Standards Institute (ANSI) Z89.1-1997,
``American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements,'' incorporated by
reference in Sec. 1917.3.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
(c) Protective hats previously worn shall be cleaned and disinfected
before issuance by the employer to another employee.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 74
FR 46359, Sept. 9, 2009; 77 FR 37599, June 22, 2012]
Sec. 1917.94 Foot protection.
(a) The employer shall ensure that each affected employee wears
protective footwear when working in areas where there is a danger of
foot injuries due to falling or rolling objects or objects piercing the
sole.
(b)(1) The employer must ensure that protective footwear complies
with any of the following consensus standards:
(i) ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,''
and ASTM F-2413-2005, ``Standard Specification for Performance
Requirements for Protective Footwear,'' which are incorporated by
reference in Sec. 1917.3;
(ii) ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference in
Sec. 1917.3; or
(iii) ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference in
Sec. 1917.3.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
[62 FR 40201, July 25, 1997, as amended at 74 FR 46359, Sept. 9, 2009]
Sec. 1917.95 Other protective measures.
(a) Protective clothing. (1) Employees performing work that requires
special protective clothing shall be directed by the employer to wear
the necessary special protective clothing.
(2) When necessary, protective clothing previously worn shall be
cleaned and disinfected before reissuance.
(b) Personal flotation devices (PFDs). (1) The employer shall
provide, and shall direct the wearing of PFDs for those employees, such
as line handlers, who are engaged in work in which they may be pulled
into the water:
(i) When such employees are working in isolation, or
(ii) Where physical limitations of available working space creates a
hazard of falling into the water, or
(iii) Where the work area is obstructed by cargo or other obstacles
so as to prevent employees from obtaining safe footing for their work.
(2) PFDs (life preservers, life jackets, or work vests) worn by each
affected employee must be United States Coast Guard (USCG) approved
pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and marked for
use as a work vest, for commercial use, or for use on vessels.
(3) Personal flotation devices shall be maintained in safe condition
and shall be considered unserviceable when damaged so as to affect
buoyancy or fastening capability.
(c) Emergency facilities. When employees are exposed to hazardous
substances which may require emergency bathing, eye washing or other
facilities, the employer shall provide such facilities and maintain them
in good working order.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65
FR 40941, June 30, 2000]
Sec. 1917.96 Payment for protective equipment.
(a) Except as provided by paragraphs (b) through (f) 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.
(b) The employer is not required to pay for non-specialty safety-toe
protective footwear (including steel-toe shoes
[[Page 247]]
or steel-toe boots) and non-specialty prescription safety eyewear,
provided that the employer permits such items to be worn off the job-
site.
(c) 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.
(d) The employer is not required to pay for:
(1) Everyday clothing, such as long-sleeve shirts, long pants,
street shoes, and normal work boots; or
(2) 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.
(e) The employer must pay for replacement PPE, except when the
employee has lost or intentionally damaged the PPE.
(f) Where an employee provides adequate 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 (b) through (e) of this
section.
(g) This section shall become effective on February 13, 2008.
Employers must implement the PPE payment requirements no later than May
15, 2008.
Note to Sec. 1917.96: 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.
[72 FR 64429, Nov. 15, 2007]
Subpart F_Terminal Facilities
Sec. 1917.111 Maintenance and load limits.
(a) The structural integrity of docks, piers, wharves, terminals and
working surfaces shall be maintained.
(b) Maximum safe load limits, in pounds per square foot (kilograms
per square meter), of floors elevated above ground level, and pier
structures over the water shall be conspicuously posted in all cargo
areas.
(c) Maximum safe load limits shall not be exceeded.
(d) All walking and working surfaces in the terminal area shall be
maintained in good repair.
Sec. 1917.112 Guarding of edges.
(a) Vehicle protection. (1) Vehicle curbs, bull rails, or other
effective barriers at least six inches (15.24 cm) in height shall be
provided at the waterside edges of aprons and bulkheads, except where
vehicles are prohibited. Curbs or bull rails installed after October 3,
1983, shall be at least 10 inches (25.4 cm) in height.
(2) The provisions of paragraph (a)(1) of this section also apply at
the edge of any fixed level above the common floor area from which
vehicles may fall, except at loading docks, platforms and skids where
cargo is moved by vehicles.
(b) Employee protection. (1) Guardrails shall be provided at
locations where employees are exposed to floor or wall openings or
waterside edges, including bridges or gangway-like structures leading to
pilings or vessel mooring or berthing installations, which present a
hazard of falling more than 4 feet (1.22 m) or into the water, except as
specified in paragraph (b)(2) of this section.
(2) Guardrails are not required:
(i) At loading platforms and docks;
(ii) At waterside edges used for cargo handling;
(iii) On the working sides of work platforms, skids or similar
workplaces; or
(iv) On railroad rolling stock, highway vehicles, intermodal
containers or similar equipment.
(3) Where guardrails are impracticable due to machinery requirements
or work processes, an alternate means of protecting employees from
falling, such as nets, shall be used.
(c) Criteria for guardrails. Guardrails shall meet the following
criteria:
(1) They shall be capable of withstanding a force of at least 200
pounds (890 N) applied in any direction at mid-span of the top rail
(when used), or at the uppermost point if there is no top rail.
[[Page 248]]
(2) If not of solid baluster, grillwork, slatted or similar
construction, guardrails shall consist of top rails and midrails.
Midrails, when used, shall be positioned at approximately half the
height of the top rail.
(3) The top surface of guardrails installed before October 3, 1983,
shall be at least 36 inches (0.91 m) high. Those installed after October
3, 1983, shall be 42 inches (1.07 m), plus or minus 2 inches (5.1 cm),
high.
(4) Any non-rigid railing such as chain or wire rope shall have a
maximum sag limit at the mid-point between posts of not more than 6
inches (15.24 cm).
(5) Top rails shall be free of puncture and laceration hazards.
(6) Rail ends shall not overhang to constitute a hazard, but this
does not prohibit scrollwork, boxed ends or similar non-hazardous
projections.
(d) Toeboards. Toeboards shall be provided when employees below
could be exposed to falling objects such as tools. Toeboards shall be at
least 3\1/2\ inches (8.9 cm) in height from top edge to floor level, and
be capable of withstanding a force of 50 pounds (222 N) applied in any
direction. Drainage clearance under toeboards is permitted.
(e) Stair railings. Stair railings shall be capable of withstanding
a force of at least 200 pounds (890 N) applied in any direction, and
shall not be more than 36 inches (0.91 m) nor less than 32 inches (0.81
m) in height from the upper top rail surface to the tread surface in
line with the leading edge of the tread. Railings and midrails shall be
provided at any stairway having four or more risers, as follows:
(1) For stairways less than 44 inches (1.12 m) wide, at least one
railing; and
(2) For stairways more than 44 inches (1.12 m) but less than 88
inches (2.24 m) wide, a stair rail or handrail on each side, and if 88
or more inches wide, an additional intermediate handrail.
(f) Condition. Railings shall be maintained free of sharp edges and
in good repair.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65
FR 40941, June 30, 2000]
Sec. 1917.113 Clearance heights.
Clearance heights shall be prominently posted where the height is
insufficient for vehicles and equipment.
Sec. 1917.114 Cargo doors.
(a) Mechanically operated. (1) Cargo door counterweights shall be
guarded.
(2) Lift trucks and cranes shall not be used to move mechanically
operated doors except when necessary during repair on the doors, in
which case ropes or other guarding shall be provided to prevent entry
into the area where the door may fall or slide.
(3) Vertically operated doors partially opened for work or
ventilation shall be secured to prevent accidental closing.
(b) Tackle operated. (1) The door shall be connected to its lifting
tackle with shackles or equally secure means.
(2) Lifting bridles and tackles shall have a safety factor of five,
based upon maximum anticipated static loading conditions.
(3) Devices shall be provided to hold overhead doors in the open
position and to secure them when closed.
(4) Lifting gear and hardware shall be maintained in safe condition.
(5) Lifting ropes, when used, shall be placed out of the work area
and off the floor.
(c) Horizontal sliding. (1) Horizontal sliding door rollers shall be
constructed to prevent the door from jumping from overhead tracks.
(2) Sliding doors shall be secured to prevent them from swinging.
Sec. 1917.115 Platforms and skids.
(a) Platforms and skids extending from piers, transit sheds or lofts
and used for landing or hooking on drafts shall be provided at the open
sides with guardrails meeting the requirements of Sec. 1917.112(c) or
alternate means, such as nets, to protect employees against falls.
(b) Any employee working below a second-story platform or skid shall
be protected from falling objects by a net stretched from the platform
or skid to the vessel.
(c) Platforms and skids shall be strong enough to bear the loads
handled and shall be maintained in safe condition. Safe working loads,
which
[[Page 249]]
shall be posted or marked on or adjacent to platforms and skids, shall
have a minimum safety factor of five for any part, based upon maximum
anticipated static loading conditions and the ultimate strength of the
construction material.
(d) The employer shall provide and maintain platform and skid
attachments that will prevent accidental movement of the skid or
platform.
Sec. 1917.116 Elevators and escalators.
(a) ``Elevator'' means a permanent hoisting and lowering mechanism
with a car or platform moving vertically in guides and serving two or
more floors of a structure. The term excludes such devices as conveyors,
tiering or piling machines, material hoists, skip or furnace hoists,
wharf ramps, lift bridges, car lifts and dumpers.
(b) ``Escalator'' means a power-driven continuous moving stairway
principally intended for the use of persons.
(c) No elevator or escalator with a defect which affects safety
shall be used.
(d) Elevator safety devices shall not be overridden or made
inoperable.
(e) Elevators and escalators shall be thoroughly inspected at
intervals not exceeding one year. Additional monthly inspections for
satisfactory operation shall be conducted by designated persons. Records
of the results of the latest annual elevator inspections shall be posted
in elevators. Records of annual escalator inspections shall be posted in
the vicinity of the escalator or be available at the terminal.
(f) Elevator landing openings shall be provided with doors, gates or
equivalent protection which shall be in place when the elevator is not
at that landing, to prevent employees from falling into the shaft.
(g) The elevator's or escalator's maximum load limits shall be
posted and not exceeded. Elevator load limits shall be posted
conspicuously both inside and outside of the car.
(h) Elevators shall be operated only by designated persons except
for automatic or door interlocking elevators which provide full shaft
door closing and automatic car leveling.
[48 FR 30909, July 5, 1983, as amended at 49 FR 28551, July 13, 1984; 61
FR 5509, Feb. 13, 1996]
Sec. 1917.117 Manlifts.
(a) Inspection. Manlifts shall be inspected monthly by a designated
person. Safety switches shall be checked weekly. Manlifts found to be
unsafe shall not be operated until repaired. Inspections shall include
at least the following:
(1) Step fastenings;
(2) Rails;
(3) Rail supports and fastenings;
(4) Roller and slides;
(5) Belt and belt tension;
(6) Handholds and fastenings;
(7) Floor landings;
(8) Guardrails;
(9) Lubrication;
(10) Safety switches;
(11) Warning signs and lights;
(12) Illumination;
(13) Drive pulley;
(14) Bottom (boot) pulley and clearance;
(15) Pulley supports;
(16) Motor;
(17) Drive mechanism;
(18) Brake;
(19) Electrical switches;
(20) Vibration and misalignment;
(21) ``Skip'' on up or down run when mounting the step (indicating
worn gears); and
(22) Emergency exit ladders.
(b) Inspection records. Inspection records shall be kept for at
least one year. The record of the most recent inspection shall be posted
in the vicinity of the manlift or in the terminal.
(c) Emergency stop. An emergency stop device shall be available
within easy reach from any position on the belt.
(d) Instructions. Manlift use instructions shall be conspicuously
posted.
(e) Top floor warning sign and light. An illuminated sign and red
light that are visible to the user shall be provided under the top floor
opening of the manlift to warn the user to get off at that floor.
(f) Bottom floor warning sign. A sign visible to descending
passengers shall
[[Page 250]]
be provided to warn them to get off at the bottom floor.
(g) Upper limit stop. An automatic stop device shall be provided to
stop the manlift when a loaded step passes the top landing, except that
manlifts installed after October 3, 1983 shall have two such devices.
(h) Handholds and steps. Each step shall be provided with a
corresponding handhold.
(i) Emergency ladder. A fixed emergency ladder accessible from any
position on the lift and in accordance with the requirements of Sec.
1917.118(d) shall be provided for the entire run of the manlift.
(j) Landings. (1) Clear and unobstructed landing spaces shall be
provided at each level. Manlifts constructed after October 3, 1983 and
that have a distance of 50 feet (15.24 m) or more between floor landings
shall have an emergency landing every 25 feet (7.62 m) or less of
manlift travel.
(2) Open sides of emergency landings shall be protected by
guardrails.
(3) Floor landing entrances and exits shall be guarded by mazes,
self-closing gates, or equivalent devices.
(4) Landings shall be of sufficient size and strength to support 250
pounds (1,112 N).
(k) Floor opening guards. The ascending sides of manlift floor
openings shall be provided with cones or bevel guards to direct the user
through the openings.
(l) Maintenance. Manlifts shall be equipped, maintained, and used in
accordance with the manufacturer's specifications, which shall be
available at the terminal.
(m) Bottom pulley. (1) The lower pulley shall be supported by the
lowest landing.
(2) Sides of the bottom pulley support shall be guarded to prevent
contact with the pulley or the steps.
(n) Top clearance. A clearance of at least 11 feet (3.35 m) shall be
provided between the top landing and the ceiling.
(o) Brakes. Manlifts shall be equipped with brakes that are:
(1) Self-engaging;
(2) Electrically released; and
(3) Capable of stopping and holding the manlift when the descending
side is loaded with the maximum rated load.
[48 FR 30909, July 5, 1983, as amended at 65 FR 40941, June 30, 2000]
Sec. 1917.118 Fixed ladders.
(a) Scope and applicability. This section applies to all fixed
ladders except:
(1) Ladders forming an integral part of railway cars, highway
carriers, cargo containers or other transportation carrier equipment;
(2) Climbing devices such as step bolts or structural members of
tanks and towers;
(3) Ladders built into or vertically attached to tubular scaffold
framing; and
(4) Ladders used only for fire-fighting or emergency purposes.
(b) Definitions--(1) Cage (basket guard) means a barrier enclosing
or nearly enclosing a ladder's climbing space and fastened to one or
both of the ladder's side rails or to another structure.
(2) Fixed ladder means a ladder, including individual rung ladders,
permanently attached to a structure, building or piece of equipment.
(3) Ladder safety device means a support system limiting an
employee's drop or fall from the ladder, and which may incorporate
friction brakes, lifelines and lanyards, or sliding attachments.
(4) Well means a permanent complete enclosure around a fixed ladder,
which is attached to the walls of the well.
(c) Defects. (1) Ladders with broken, split or missing rungs, steps
or rails, broken welds or connections, corrosion or wastage or other
defect which may affect safe use shall be removed from service.
(2) Ladder repairs shall provide strength at least equivalent to
that of the original ladder.
(d) Ladder specifications. (1)(i) Ladders installed before October
3, 1983, shall be capable of withstanding without damage a minimum
concentrated load, applied uniformly over a 3\1/2\ inch (8.9 cm) width
at the rung center, of 200 pounds (890 N).
(ii) Ladders installed after October 3, 1983 shall be capable of
withstanding 250 pounds (1,112 N) applied as described
[[Page 251]]
in paragraph (d)(1)(i) of this section. If used by more than one
employee simultaneously, the ladder as a unit shall be capable of
simultaneous additional loading in 250 pound (1,112 N) increments for
each additional employee, applied to a corresponding number of rungs.
The unit shall have a safety factor of four (4), based on ultimate
strength, in the designed service.
(2)(i) Ladders installed before October 3, 1983, shall have rungs
evenly spaced from nine to 16\1/2\ inches (22.9 to 41.9 cm) apart,
center to center.
(ii) Ladders installed after October 3, 1983 shall have rungs evenly
spaced from 122 inches (30.55.08 cm) apart, center to center.
(3)(i) Ladders installed before October 3, 1983 shall have a width
between side rails of at least 10 inches (25.4 cm).
(ii) Ladders installed after October 3, 1983 shall have a width
between side rails of at least 12 inches (30.48 cm).
(4) The minimum distance between the rung center line and the
nearest permanent object behind the rung shall be 4 inches (10.16 cm),
except that in ladders installed after October 3, 1983, the minimum
distance shall be 7 inches (17.78 cm) unless physical limitations make a
lesser distance, not less than 4\1/2\ inches (11.43 cm), necessary.
(5) When a ladder passes through an opening or past overhead
obstructions, a minimum 24 inch (.61 m) clearance shall exist between
the climbing side and any obstruction. Where this distance is less than
30 inches (0.76 m), a deflection device shall be installed for guidance
through the opening.
(6) The side rails of ladders shall extend at least 36 inches (0.91
m) above the top landing surface, unless grab bars or equivalent holds
are provided.
(7) Ladders whose pitch exceeds 90[deg] to the horizontal (slanting
backward on the climbing side) shall not be used.
(e) Protection against falls. (1) Fixed ladders more than 20 feet
(6.1 m) in height shall be provided with a cage, well, or ladder safety
device.
(2) When a well or cage is used, ladders with length of climb
exceeding 30 feet (9.14 m) shall comply with the following provisions:
(i) The ladder shall consist of multiple sections not exceeding 30
feet (9.14 m) each;
(ii) Each section shall be horizontally offset from adjacent
sections, except as specified in paragraph (e)(2)(iv) of this section,
and
(iii) A landing platform capable of supporting a load of 100 pounds
per square foot (4.79 kPa) and fitted with guardrails complying with
Sec. 1917.112(c) shall be provided at least every 30 feet (9.14 m),
except as specified in paragraph (e)(2)(iv) of this section.
(iv) For ladders installed after October 3, 1983, offset sections
and landing platforms are not required if hinged platforms capable of
supporting 100 pounds per square foot (4.79 kPa), and which are kept
closed except when opened for passage, are within the cage or well at
intervals not exceeding 30 feet (9.14 m).
(3) Ladders equipped with ladder safety devices shall have rest
platforms;
(i) Capable of supporting a load of 100 pounds per square foot (4.79
kPa);
(ii) Located at intervals of 150 feet (45.7 m) or less; and
(iii) Protected by guardrails complying with Sec. 1917.112(c) of
three sides.
(4) Where used, ladder safety devices shall:
(i) Be installed and maintained in accordance with the
manufacturer's instructions, which shall be available for inspection;
(ii) Be repaired only with replacement parts having performance
capability at least equal to that of the original parts;
(iii) Have a connection length between carrier centerlines and
safety belts of 102 inches (25.45.08 cm); and
(iv) Be installed in a manner that does not reduce the ladder's
structural capability.
(5) Ladder cages or wells shall:
(i) Be of rigid construction that allows unobstructed use but
prevents an employee from falling through or dislodging the cage or well
by falling against it;
(ii) Have smooth inner surfaces;
(iii) Extend at least 36 inches (0.91m) above landings; and
(iv) Extend to within 8 feet (2.44 m) above the ground or base,
except that a maximum of 20 feet (6.1 m) is permitted where the cage or
well would extend into traffic lanes.
[[Page 252]]
(6) Ladders installed after (effective date of standard) on radio,
microwave communications, electrical power and similar towers, poles and
structures, including stacks and chimneys, shall meet the requirements
of this paragraph (e).
(f) Individual rung ladders. Ladders consisting of individual rungs
that are attached to walls, conical manhole sections or river cells
shall:
(1) Be capable of supporting a load of 350 pounds (1557 N) without
deformation;
(2) Form a continuous ladder, uniformly spaced vertically from 12
inches to 16 inches (30.5 to 40.6 cm) apart, with a minimum width of 10
inches (25.4 cm) and projecting at least 4\1/2\ inches (11.43 cm) from
the wall;
(3) Be so constructed that an employee's foot cannot slide off the
ends; and
(4) Be firmly attached and without sharp edges.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65
FR 40941, June 30, 2000]
Sec. 1917.119 Portable ladders.
(a) Scope and applicability. This section applies to all portable
ladders, including job-made ladders for temporary use, unless otherwise
specified.
(b) Standards for existing manufactured portable ladders. (1) Rungs
of manufactured portable ladders obtained before October 3, 1983, shall
be capable of supporting a 200-pound (890 N) load without deformation.
(2) Rungs shall be evenly spaced from 9 to 16\1/2\ inches (22.9 to
41.9 cm), center to center.
(3) Rungs shall be continuous members between rails. Each rung of a
double-rung ladder (two side rails and a center rail) shall extend the
full width of the ladder.
(4) Width between side rails at the base of the ladder shall be at
least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in
overall length, and shall increase at least \1/4\ inch (0.64 cm) for
each additional 2 feet (0.61 m) of ladder length.
(c) Standards for manufactured portable ladders. Portable
manufactured ladders obtained after January 21, 1998 shall bear
identification indicating that they meet the appropriate ladder
construction requirements of the following standards:
ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders
ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders
ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic
Ladders
(d) Standards for job-made portable ladders. Job-made ladders shall:
(1) Have a minimum and uniform distance between rungs of 12 inches
(30.48 cm), center to center;
(2) Are capable of supporting a 250-pound (1,112 N) load without
deformation; and
(3) Have a minimum width between side rails of 12 inches (30.48 cm)
for ladders 10 feet (3.05 m) in height. Width between rails shall
increase at least \1/4\ inch (0.64 cm) for each additional 2 feet (0.61
m) of ladder length.
(e) Maintenance and inspection. (1) The employer shall maintain
portable ladders in safe condition. Ladders with the following defects
shall not be used and either shall be tagged as unusable if kept on the
premises or shall be removed from the worksite:
(i) Broken, split or missing rungs, cleats or steps;
(ii) Broken or split side rails;
(iii) Missing or loose bolts, rivets or fastenings;
(iv) Defective ropes; or
(v) Any other structural defect.
(2) Ladders shall be inspected for defects prior to each day's use,
and after any occurrence, such as a fall, which could damage the ladder.
(f) Ladder usage. (1) Ladders made by fastening rungs or devices
across a single rail are prohibited.
(2) Ladders shall not be used:
(i) As guys, braces or skids; or
(ii) As platforms, runways or scaffolds.
(3) Metal and wire-reinforced ladders with wooden side rails shall
not be used when employees on the ladder might come into contact with
energized electrical conductors.
(4) Individual sections from different multi-sectional ladders or
two or more single straight ladders shall not be tied or fastened
together to achieve additional length.
[[Page 253]]
(5) Except for combination ladders, self-supporting ladders shall
not be used as single straight ladders.
(6) Unless intended for cantilever operation, non-self-supporting
ladders shall not be used to climb above the top support point.
(7) Ladders shall extend at least 36 inches (0.91 m) above the upper
support level if employees are to leave or mount the ladder at that
level, except that where such extension is impractical other equivalent
means such as grab bars may be used to provide a hand grip.
(8) Ladders shall be securely positioned on a level and firm base.
(9) Ladders shall be fitted with slip-resistant bases and secured at
top or bottom to prevent the ladder from slipping.
(10) The employer shall direct that ladders shall be placed so that
employees climbing are not exposed to injury from projecting objects or
doors that open toward the ladder.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65
FR 40941, June 30, 2000]
Sec. 1917.120 Fixed stairways.
(a) Definition. ``Fixed stairway'' means interior and exterior
stairs serving machinery, tanks and equipment, and stairs to or from
floors, platforms or pits. The term does not apply to stairs intended
only for fire exit purposes, to articulated stairs (the angle of which
changes with the rise and fall of the base support) or to stairs forming
an intergral part of machinery.
(b) New installations. (1) Fixed stairs installed after October 3,
1983 shall be positioned within the range of 30 degrees to 50 degrees to
the horizontal with uniform riser height and tread width throughout each
run and be capable of a minimum loading of 100 pounds per square foot
(445 N) and a minimum concentrated load of 300 pounds (1,334 N) at the
center of any treadspan. Riser height shall be from 6 to 7.5 inches
(15.24 to 19.05 cm), stair width a minimum of 22 inches (55.88 cm)
between vertical barriers, tread depth a minimum of 122 inches (30.485.08 cm), and tread
nosing shall be straight leading edges.
(2) Stair landings shall be at least 20 inches (50.8 cm) in depth.
Where doors or gates open on a stairway, a landing platform shall be
provided. Door swing shall not reduce effective standing area on the
landing to less than 18 inches (45.72 cm) in depth.
(3) Fixed stairs having four or more risers shall have stair
railings or handrails complying with Sec. 1917.112(c)(1).
(4) Railing height from tread surface at the riser face shall be
333 inches (83.82 cm 7.62
cm).
(5) Restricted areas. When physical features require stairs steeper
than those provided for by paragraph (b)(1) of this section, stairs at
angles of 50[deg] to 75[deg] from the horizontal may be used if they:
(i) Are capable of a single concentrated load of 200 pounds (890 N)
at the tread centers;
(ii) Have open treads at least 4 inches (10.16 cm) in depth and 18
inches (45.72 cm) in width with a uniformly spaced vertical rise between
treads of 6 to 9.5 inches (15.24 to 24.13 cm); and
(iii) Have handrails that meet the requirements of Sec.
1917.112(c)(1) on both sides and that are not less than 30 inches (76.2
cm) in height from the tread surface at the riser face.
(6) Maintenance. Fixed stairways shall be maintained in safe
condition and shall not be obstructed.
[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]
Sec. 1917.121 Spiral stairways.
(a) Definition. ``Spiral stairway'' means one with closed circular
form, uniform sector-shaped treads and a supporting column.
(b) Requirements. Spiral stairways shall meet the following
requirements:
(1) Stairways shall conform to the minimum dimensions of Figure F-1;
[[Page 254]]
[GRAPHIC] [TIFF OMITTED] TC21OC91.020
Spiral Stairway--Minimum Dimensions
------------------------------------------------------------------------
A (half-tread
width) B
------------------------------------------------------------------------
Normal use by employees......... 11 inches (27.94 6 inches (15.24
cm). cm).
Limited access.................. 9 inches (22.86 5 inches (12.7
cm). cm).
------------------------------------------------------------------------
(2) Stairway risers shall be uniform and shall range from 6\1/2\ to
10\1/2\ inches (16.5 to 26.67 cm) in height;
(3) Minimum loading capability shall be 100 pounds per square foot
(4.79kN), and minimum tread center concentrated loading shall be 300
pounds (1334 N);
(4) Railings shall conform to the requirements of Sec.
1917.112(c)(1). If balusters are used, there shall be a minimum of one
per tread. Handrails shall be a minimum of 1\1/4\ inches (3.18 cm) in
outside diameter; and
(5) Vertical clearance shall be at least 6 feet, 6 inches (1.98 m)
above the top step.
(c) Maintenance. Spiral stairways shall be maintained in safe
condition.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65
FR 40942, June 30, 2000]
Sec. 1917.122 Employee exits.
(a) Employee exits shall be clearly marked.
(b) If an employee exit is not visible from employees' work
stations, directional signs indicating routes to the exit shall be
posted.
(c) Exits shall be readily accessible and sufficient in number to
provide employees with a convenient means of escape in emergencies. A
clear passage to the exit shall be maintained.
(d) The minimum width of any employee exit shall be 28 inches (71.12
cm).
[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]
Sec. 1917.123 Illumination. \9\
---------------------------------------------------------------------------
\9\ The United States Coast Guard, at 33 CFR 126.15(1) and (n), and
33 CFR 154.570 sets out requirements for illumination at ``designated
waterfront facilities'' and ``large oil transfer facilities.''
---------------------------------------------------------------------------
(a) Working and walking areas shall be illuminated. Unless
conditions described in the regulations of the United States Coast Guard
(33 CFR 126.15(1) and (n), and 33 CFR 154.570) exist in the case of
specific operations, illumination in active work areas (for example,
cargo transfer points) shall be of an average minimum light intensity of
5 foot-candles. The illumination in other work areas (for example, farm
areas) shall be of an average minimum light intensity of 1 foot-candle
except for security purposes when a minimum light intensity of \1/2\
foot-candle shall be maintained. Where occasional work tasks require
more light than that which is consistently and permanently provided,
supplemental lighting shall be used.
(b) The lighting intensity shall be measured at the task/working
surface, in the plane in which the task/working surface is present.
(c) Lights shall, so far as possible, be placed so that they will
not shine in the eyes of employees.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997]
Sec. 1917.124 Dockboards (car and bridge plates).
(a) General. The employer shall provide safe means of passage
between different surface levels and across openings.
(b) [Reserved]
(c) Dockboards (car and bridge plates). (1) Dockboards shall be
strong enough to support the loads imposed on them.
(2) Portable dockboards shall be anchored in position or be equipped
with devices to prevent their movement.
(3) Hand holds or other effective means shall be provided on
portable dockboards to permit safe handling.
[[Page 255]]
(4) Positive means shall be used to prevent railcars or highway
vehicles from being moved while dockboards or bridge plates are in
position.
(5) Be designed, constructed, and maintained to prevent vehicles
from running off the edge. \10\
---------------------------------------------------------------------------
\10\ When the gap to be bridged to greater than 36 inches (.91 m),
an acceptable means of preventing vehicles from running off the edge is
a minimum side board height of two and three-quarter inches.
---------------------------------------------------------------------------
(6) Dockboards shall be well maintained.
(d) Ramps. (1) Ramps shall be strong enough to support the loads
imposed on them and be designed, constructed, and maintained to prevent
vehicles from running off the edge. \11\
---------------------------------------------------------------------------
\11\ When the gap to be bridged is greater than 36 inches (.91 m),
an acceptable means of preventing vehicles from running off the edge is
a minumum side board height of two and three-quarter inches.
---------------------------------------------------------------------------
(2) Ramps shall be equipped with a guardrail meeting the requirement
of Sec. 1917.112(c)(1) if the slope is more than 20 degrees to the
horizontal or if employees could fall more than 4 feet (1.22 m).
(3) Ramps shall have slip-resistant surfaces.
(4) When necessary to prevent displacement by vehicle wheels, steel
plates or similar devices used to temporarily bridge or cover uneven
surfaces or tracks, shall be anchored.
(5) Ramps shall be well maintained.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65
FR 40942, June 30, 2000]
Sec. 1917.125 Guarding temporary hazards.
Ditches, pits, excavations and surfaces in poor repair shall be
guarded by readily visible barricades, rails or other equally effective
means.
Sec. 1917.126 River banks.
(a) This section applies to temporary installations or temporary
operations near a river bank.
(b) Where working surfaces at river banks slope so steeply that an
employee could slip or fall into the water, the outer perimeter of the
working surface shall be protected by posting or other portable
protection such as roping off. In these situations, employees must wear
a personal flotation device meeting the requirements of Sec.
1917.95(b).
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997]
Sec. 1917.127 Sanitation.
(a) Washing and toilet facilities. (1) The employer shall provide
accessible washing and toilet facilities sufficient for the sanitary
requirements of employees. The facilities shall have:
(i) Running water, including hot and cold or tepid water at a
minimum of one accessible location (when cargo handling is conducted at
locations without permanent facilities, potable water may be provided in
lieu of running water);
(ii) Soap;
(iii) Individual hand towels, clean individual sections of
continuous toweling, or air blowers; and
(iv) Fixed or portable toilets in separate compartments with latch-
equipped doors. Separate toilet facilities shall be provided for male
and female employees except when toilet rooms will be occupied by only
one person at a time.
(2) Washing and toilet facilities shall be regularly cleaned and
maintained in good order.
(b) Drinking water. (1) Potable drinking water shall be accessible
to employees at all times.
(2) Potable drinking water containers shall be clean, containing
only water and ice, and shall be fitted with covers.
(3) Common drinking cups are prohibited.
(c) Prohibited eating areas. Consumption of food or beverages in
areas where hazardous materials are being stored or handled shall be
prohibited.
(d) Garbage and overboard discharges. Work shall not be conducted in
the immediate vicinity of uncovered garbage or in the way of overboard
discharges from the vessel's sanitary lines unless employees are
protected from the garbage or discharge by a baffle or splash boards.
[48 FR 30909, July 5, 1983,, as amended at 76 FR 33610, June 8, 2011]
[[Page 256]]
Sec. 1917.128 Signs and marking.
(a) General. Signs required by this part shall be clearly worded and
legible, and shall contain a key word or legend indicating the reason
for the sign.
(1) Key words are such words as Danger, Warning, Caution.
(2) Legends are more specific explanations such as High Voltage,
Close Clearance, Pedestrian Crossing.
(b) Specific. Every marine terminal shall have conspicuously posted
signs as follows:
(1) Locations of first aid facilities;
(2) Locations of telephones;
(3) Telephone numbers of the closest ambulance service, hospital or
other source of medical attention, police, fire department, and
emergency squad (if any); and
(4) Locations of firefighting and emergency equipment and fire
exits.
Subpart G_Related Terminal Operations and Equipment
Sec. 1917.151 Machine guarding.
(a) Definition. ``Guarded'' means shielded, fenced, or enclosed by
covers, casings, shields, troughs, spillways or railings, or guarded by
position or location. Examples of guarding methods are guarding by
location (positioning hazards so they are inaccessible to employees) and
point of operation guarding (using barrier guards, two-hand tripping
devices, electronic safety devices, or other such devices).
(b) General. (1) Danger zones on machines and equipment used by
employees shall be guarded.
(2) Where chips and dust produced by machine operation may result in
a hazard to the operator, the machinery shall be equipped with an
effective exhaust system at the point of origin, or other equally
effective means shall be provided to protect the operator.
(3) Fixed machinery shall be secured to prevent shifting.
(4) A power cut-off device for machinery and equipment shall be
provided at the operator's working position.
(5) Machines driven by belts and shafting shall be fitted with a
belt-locking or equivalent protective device if the belt can be shifted.
(6) In operations where injury to the operator might result if
motors were to restart after power failures, provisions shall be made to
prevent machines from automatically restarting upon restoration of
power.
(7) The power supply to machines shall be turned off, locked out,
and tagged out during repair, adjustment, or servicing.
(8) Machines shall be maintained in a safe working condition.
(9) Only designated employees shall maintain or repair machinery and
equipment.
(10) Machines with defects that affect the safety of operation shall
not be used.
(c) Hand-fed circular ripsaws and hand-fed circular crosscut table
saws. Unless fixed or manually adjustable enclosures or guarding
provides equivalent protection, hand-fed circular ripsaws and hand-fed
circular crosscut table saws shall be guarded as follows to keep
employees clear of any danger zones:
(1) They shall be equipped with hoods completely enclosing those
portions of the saw above the table and the material being cut;
(2) They shall have spreaders to prevent material from squeezing the
saw. Spreaders shall be in true alignment with the saw. Spreaders may be
removed only during grooving, dadoing, or rabbeting operations, and
shall be replaced at the completion of such operations; and
(3) They shall have non-kickback fingers or dogs to oppose the
tendency of the saw to pick up material or throw material toward the
operator.
(d) Swing cutoff saws. (1) Swing cutoff saws shall have hoods
completely enclosing the upper half of the saw, the arbor end and the
point of operation at all saw positions to protect the operator from
material thrown up by the saw. The hood shall automatically cover the
lower portion of the blade, so that when the saw returns to the back of
the table the hood rises on top of the fence, and when the saw is moved
forward the hood drops on top, remaining in contact with the table or
the material.
(2) Swing cutoff saws shall have a device to return the saw
automatically to
[[Page 257]]
the back of the table without rebound. The device shall not be dependent
upon rope, cord or springs.
(3) Devices shall be provided to prevent saws from swinging beyond
the front or back edges of the table.
(4) Inverted swing cutoff saws shall have hoods covering the part of
the saw protruding above the table top or the material being cut. Hoods
shall automatically adjust to the thickness of, and remain in contact
with, material being cut.
(e) Radial saws. Unless fixed or manually adjustable enclosures or
guards provide equivalent protection, radial saws shall be guarded as
follows:
(1) The upper hood of radial saws shall enclose the upper portion of
the blade up to and including the end of the saw arbor and shall protect
the operator from being struck by debris. The sides of the lower exposed
portion of the blade shall be guarded to the blade diameter by a device
automatically adjusting to the thickness of the stock and remaining in
contact with the stock. The lower guard may be removed only when the saw
is used for bevel cuts;
(2) Radial saws used for ripping shall have non-kickback fingers or
dogs on both sides to oppose the thrust or tendency of the saw to pick
up material or throw material toward the operator;
(3) Adjustable stop shall be provided to prevent travel of radial
saw blades beyond the table's edge;
(4) Radial saws shall be installed so that the cutting head returns
to the starting position without rebound when released; and
(5) The employer shall direct that employees perform ripping and
ploughing against the saw turning direction. Rotation direction and an
indication of the end of the saw to be used shall be conspicuously
marked on the hood.
(f) Band saws and band resaws. (1) Saw blades and band saw wheels
shall be enclosed or guarded, except for the working portion of the
blade between the bottom of the guide rolls and the table, to protect
employees from point-of-operation hazards and flying debris.
(2) Band saws shall be equipped with brakes to stop the band saw
wheel if the blade breaks.
(3) Band saws shall be equipped with a tension control device to
keep the blade taut.
(g) Abrasive wheels and machinery. (1) Abrasive wheels shall be used
only on machines having enclosure guards to restrain pieces of grinding
wheels and to protect employees if the wheel breaks, except as provided
in paragraphs (g)(2) and (g)(3) of this section. Where the operator must
stand in front of the safety guard opening, the safety guard shall be
adjustable or have an adjustable tongue or piece at the top of the
opening. The safety guard or the tongue shall be adjusted so that they
are always close to the periphery of the wheel. Guards shall be aligned
with the wheel and the strength of fastenings shall be greater than the
strength of the guard.
(2) When the work provides equivalent protection, or when the
machine is designed as a portable saw, guards may be constructed with
the spindle end, nut and outer flange exposed. When the work entirely
covers the side of the wheel, the side covers of the guard may be
removed.
(3) Guarding is not required:
(i) For wheels used for internal work while the wheel is contained
within the work being ground; or
(ii) For mounted wheels 2 inches (5 cm) and smaller in diameter used
in portable operations.
(4) Work rests shall be used on fixed grinding machines. Work rests
shall be rigidly constructed and adjustable for wheel wear. They shall
be adjusted closely to the wheel with a maximum opening of \1/8\-inch
(3.18 mm) and shall be securely clamped. Adjustment shall not be made
while the wheel is in motion.
(5) Grinding wheels shall fit freely on the spindle. The spindle nut
shall be tightened only enough to hold the wheel in place.
(6) Grinding machine wheels shall turn at a speed that is compatible
with the rated speed of the wheel.
(7) Flanges and blotters shall be used only with wheels designed for
their use. Flanges shall be of a type ensuring retention of pieces of
the wheel in case of breakage.
(8) Abrasive wheels with operational defects shall not be used.
[[Page 258]]
(h) Rotating parts, drives and connections. (1) Rotating parts, such
as gears and pulleys, that are located 7 feet (2.13 m) or less above
working surfaces shall be guarded to prevent employee contact with
moving parts.
(2) Belt, rope and chain drives shall be guarded to prevent
employees from coming into contact with moving parts.
(3) Gears, sprockets and chains shall be guarded to prevent
employees from coming into contact with moving parts. This requirement
does not apply to manually operated sprockets.
[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]
Sec. 1917.152 Welding, cutting and heating (hot work) \12\ (See also
Sec. 1917.2, definition of Hazardous cargo, materials,
substance, or atmosphere).
---------------------------------------------------------------------------
\12\ The U.S. Coast Guard, at 33 CFR 126.15(c), requires prior
permission of the Captain of the Port if welding or other hot work is to
be carried out at a facility where dangerous cargoes as defined by 33
CFR 126.07 are located or being handled.
---------------------------------------------------------------------------
(a) Definition. ``Hot work'' means riveting, welding, flame cutting
or other fire or spark-producing operation.
(b) Hot work in confined spaces. Hot work shall not be performed in
a confined space until a designated person has tested the atmosphere and
determined that it is not hazardous.
(c) Fire protection. (1) To the extent possible, hot work shall be
performed in designated locations that are free of fire hazards.
(2) When hot work must be performed in a location that is not free
of fire hazards, all necessary precautions shall be taken to confine
heat, sparks, and slag so that they cannot contact flammable or
combustible material.
(3) Fire extinguishing equipment suitable for the location shall be
immediately available and shall be maintained in readiness for use at
all times.
(4) When the hot work operation is such that normal fire prevention
precautions are not sufficient, additional personnel shall be assigned
to guard against fire during hot work and for a sufficient time after
completion of the work to ensure that no fire hazard remains. The
employer shall instruct all employees involved in hot work operations as
to potential fire hazards and the use of firefighting equipment.
(5) Drums and containers which contain or have contained flammable
or combustible liquids shall be kept closed. Empty containers shall be
removed from the hot work area.
(6) When openings or cracks in flooring cannot be closed,
precautions shall be taken to ensure that no employees or flammable or
combustible materials on the floor below are exposed to sparks dropping
through the floor. Similar precautions shall be taken regarding cracks
or holes in walls, open doorways and open or broken windows.
(7) Hot work shall not be performed:
(i) In flammable or potentially flammable atmospheres:
(ii) On or in equipment or tanks that have contained flammable gas
or liquid or combustible liquid or dust-producing material, until a
designated person has tested the atmosphere inside the equipment or
tanks and determined that it is not hazardous; or
(iii) Near any area in which exposed readily ignitable materials
such as bulk sulphur, baled paper or cotton are stored. Bulk sulphur is
excluded from this prohibition if suitable precautions are followed, the
person in charge is knowledgeable and the person performing the work has
been instructed in preventing and extinguishing sulphur fires.
(8)(i) Drums, containers or hollow structures that have contained
flammable or combustible substances shall either be filled with water or
cleaned, and shall then be ventilated. A designated person shall test
the atmosphere and determine that it is not hazardous before hot work is
performed on or in such structures.
(ii) Before heat is applied to a drum, container or hollow
structure, an opening to release built-up pressure during heat
application shall be provided.
(d) Gas welding and cutting. (1) Compressed gas cylinders:
(i) Shall have valve protection caps in place except when in use,
hooked up or secured for movement. Oil shall not be used to lubricate
caps;
(ii) Shall be hoisted only while secured, as on a cradle or pallet,
and shall not be hoisted by magnet, choker sling or cylinder caps;
[[Page 259]]
(iii) Shall be moved only by tilting or rolling on their bottom
edges;
(iv) Shall be secured when moved by vehicle;
(v) Shall be secured while in use;
(vi) Shall have valves closed when cylinders are empty, being moved
or stored;
(vii) Shall be secured upright except when hoisted or carried;
(viii) Shall not be freed when frozen by prying the valves or caps
with bars or by hitting the valve with a tool;
(ix) Shall not be thawed by boiling water;
(x) Shall not be exposed to sparks, hot slag, or flame;
(xi) Shall not be permitted to become part of electrical circuits or
have electrodes struck against them to strike arcs;
(xii) Shall not be used as rollers or supports;
(xiii) Shall not have contents used for purposes not authorized by
the supplier;
(xiv) Shall not be used if damaged or defective;
(xv) Shall not have gases mixed within, except by gas suppliers;
(xvi) Shall be stored so that oxygen cylinders are separated from
fuel gas cylinders and combustible materials by either a minimum
distance of 20 feet (6.1 m) or a barrier having a fire-resistance rating
of 30 minutes; and
(xvii) Shall not have objects that might either damage the safety
device or obstruct the valve placed on top of the cylinder when in use.
(2) Use of fuel gas. Fuel gas shall be used only as follows:
(i) Before regulators are connected to cylinder valves, the valves
shall be opened slightly (cracked) and closed immediately to clear away
dust or dirt. Valves shall not be cracked if gas could reach possible
sources of ignition;
(ii) Cylinder valves shall be opened slowly to prevent regulator
damage and shall not be opened more than 1\1/2\ turns. Any special
wrench required for emergency closing shall be positioned on the valve
stem during cylinder use. For manifolded or coupled cylinders, at least
one wrench shall be immediately available. Nothing shall be placed on
top of a cylinder or associated parts when the cylinder is in use.
(iii) Pressure-reducing regulators shall be attached to cylinder
valves when cylinders are supplying torches or devices equipped with
shut-off valves;
(iv) Cylinder valves shall be closed and gas released from the
regulator or manifold before regulators are removed;
(v) Leaking fuel gas cylinder valves shall be closed and the gland
nut tightened. If the leak continues, the cylinder shall be tagged,
removed from service, and moved to a location where the leak will not be
hazardous. If a regulator attached to a valve stops a leak, the cylinder
need not be removed from the workplace but shall be tagged and may not
be used again before it is repaired; and
(vi) If a plug or safety device leaks, the cylinder shall be tagged,
removed from service, and moved to a location where the leak will not be
hazardous.
(3) Hose. (i) Fuel gas and oxygen hoses shall be easily
distinguishable from each other by color or sense of touch. Oxygen and
fuel hoses shall not be interchangeable. Hoses having more than one gas
passage shall not be used.
(ii) When oxygen and fuel gas hoses are taped together, not more
than four (4) of each 12 inches (10.16 cm of each 30.48 cm) shall be
taped.
(iii) Hose shall be inspected before use. Hose subjected to
flashback or showing evidence of severe wear or damage shall be tested
to twice the normal working pressure but not less than 200 p.s.i.
(1378.96 kPa) before reuse. Defective hose shall not be used.
(iv) Hose couplings shall not unlock or disconnect without rotary
motion.
(v) Hose connections shall be clamped or securely fastened to
withstand twice the normal working pressure but not less than 300 p.s.i.
(2068.44 kPa) without leaking.
(vi) Gas hose storage boxes shall be ventilated.
(4) Torches. (i) Torch tip openings shall only be cleaned with
devices designed for that purpose.
(ii) Torches shall be inspected before each use for leaking shut-off
valves, hose couplings and tip connections. Torches with such defects
shall not be used.
[[Page 260]]
(iii) Torches shall not be lighted from matches, cigarette lighters,
other flames or hot work.
(5) Pressure regulators. Pressure regulators, including associated
gauges, shall be maintained in safe working order.
(6) Operational precaution. Gas welding equipment shall be
maintained free of oil and grease.
(e) Arc welding and cutting. (1) Manual electrode holders. (i) The
employer shall ensure that only manual electrode holders intended for
arc welding and cutting and capable of handling the maximum current
required for such welding or cutting shall be used.
(ii) Current-carrying parts passing through those portions of the
holder gripped by the user and through the outer surfaces of the jaws of
the holder shall be insulated against the maximum voltage to ground.
(2) Welding cables and connectors. (i) Arc welding and cutting
cables shall be insulated, flexible and capable of handling the maximum
current required by the operations, taking into account the duty cycles.
(ii) Only cable free from repair or splice for 10 feet (3 m) from
the electrode holder shall be used unless insulated connectors or
splices with insulating quality equal to that of the cable are provided.
(iii) When a cable other than the lead mentioned in paragraph
(e)(2)(ii) of this section wears and exposes bare conductors, the
portion exposed shall not be used until it is protected by insulation
equivalent in performance capacity to the original.
(iv) Insulated connectors of equivalent capacity shall be used for
connecting or splicing cable. Cable lugs, where used as connectors,
shall provide electrical contact. Exposed metal parts shall be
insulated.
(3) Ground returns and machine grounding. (i) Ground return cables
shall have current-carrying capacity equal to or exceeding the total
maximum output capacities of the welding or cutting units served.
(ii) Structures or pipelines, other than those containing gases or
flammable liquids or conduits containing electrical circuits, may be
used in the ground return circuit if their current-carrying capacity
equals or exceeds the total maximum output capacities of the welding or
cutting units served.
(iii) Structures or pipelines forming a temporary ground return
circuit shall have electrical contact at all joints. Arcs, sparks or
heat at any point in the circuit shall cause rejection as a ground
circuit.
(iv) Structures or pipelines acting continuously as ground return
circuits shall have joints bonded and maintained to ensure that no
electrolysis or fire hazard exists.
(v) Arc welding and cutting machine frames shall be grounded, either
through a third wire in the cable containing the circuit conductor or
through a separate wire at the source of the current. Grounding circuits
shall have resistance low enough to permit sufficient current to flow to
cause the fuse or circuit breaker to interrupt the current.
(vi) Ground connections shall be mechanically and electrically
adequate to carry the current.
(4) When electrode holders are left unattended, electrodes shall be
removed and holders placed to prevent employee injury.
(5) Hot electrode holders shall not be dipped in water.
(6) The employer shall ensure that when arc welders or cutters leave
or stop work or when machines are moved, the power supply switch shall
be kept in the off position.
(7) Arc welding or cutting equipment having a functional defect
shall not be used.
(8)(i) Arc welding and cutting operations shall be separated from
other operations by shields, screens, or curtains to protect employees
in the vicinity from the direct rays and sparks of the arc.
(ii) Employees in areas not protected from the arc by screening
shall be protected by appropriate filter lenses in accordance with
paragraph (h) of this section. When welders are exposed to their own arc
or to each other's arc, they shall wear filter lenses complying with the
requirements of paragraph (h) of this section.
(9) The control apparatus of arc welding machines shall be enclosed,
except
[[Page 261]]
for operating wheels, levers, and handles.
(10) Input power terminals, top change devices and live metal parts
connected to imput circuits shall be enclosed and accessible only by
means of insulated tools.
(11) When arc welding is performed in wet or high-humidity
conditions, employees shall use additional protection, such as rubber
pads or boots, against electric shock.
(f) Ventilation and employee protection in welding, cutting and
heating--(1) Mechanical ventilation requirements. The employer shall
ensure that general mechanical ventilation or local exhaust systems
shall meet the following requirements:
(i) General mechanical ventilation shall maintain vapors, fumes and
smoke below a hazardous level.
(ii) Local exhaust ventilation shall consist of movable hoods
positioned close to the work and shall be of such capacity and
arrangement as to keep breathing zone concentrations below hazardous
levels.
(iii) Exhausts from working spaces shall be discharged into the open
air, clear of intake air sources;
(iv) Replacement air shall be clean and respirable; and
(v) Oxygen shall not be used for ventilation, cooling or cleaning
clothing or work areas.
(2) Hot work in confined spaces. Except as specified in paragraphs
(f)(3)(ii) and (f)(3)(iii) of this section, when hot work is performed
in a confined space the employer shall ensure that:
(i) General mechanical or local exhaust ventilations shall be
provided; or
(ii) Employees in the space shall wear supplied air respirators in
accordance with Sec. 1910.134 and a standby on the outside shall
maintain communication with employees inside the space and shall be
equipped and prepared to provide emergency aid.
(3) Welding, cutting or heating of toxic metals. (i) In confined or
enclosed spaces, hot work involving the following metals shall only be
performed with general mechanical or local exhaust ventilation that
ensures that employees are not exposed to hazardous levels of fumes:
(A) Lead base metals;
(B) Cadmium-bearing filler materials; and
(C) Chromium-bearing metals or metals coated with chromium-bearing
materials.
(ii) In confined or enclosed spaces, hot work involving the
following metals shall only be performed with local exhaust ventilation
meeting the requirements of paragraph (f)(1) of this section or by
employees wearing supplied air respirators in accordance with Sec.
1910.134;
(A) Zinc-bearing base or filler metals or metals coated with zinc-
bearing materials;
(B) Metals containing lead other than as an impurity, or coated with
lead-bearing materials;
(C) Cadmium-bearing or cadmium-coated base metals; and
(D) Metals coated with mercury-bearing materials.
(iii) Employees performing hot work in confined or enclosed spaces
involving beryllium-containing base or filler metals shall be protected
by local exhaust ventilation and wear supplied air respirators or self-
contained breathing apparatus, in accordance with the requirements of
Sec. 1910.134.
(iv) The employer shall ensure that employees performing hot work in
the open air that involves any of the metals listed in paragraphs
(f)(3)(i) and (f)(3)(ii) of this section shall be protected by
respirators in accordance with the requirements of Sec. 1910.134, and
those working on beryllium-containing base or filler metals shall be
protected by supplied air respirators, in accordance with the
requirements of Sec. 1910.134.
(v) Any employee exposed to the same atmosphere as the welder or
burner shall be protected by the same type of respiratory and other
protective equipment as that worn by the welder or burner.
(4) Inert-gas metal-arc welding. Employees shall not engage in and
shall not be exposed to the inert-gas metal-arc welding process unless
the following precautions are taken:
(i) Chlorinated solvents shall not be used within 200 feet (61 m) of
the exposed arc. Surfaces prepared with
[[Page 262]]
chlorinated solvents shall be thoroughly dry before welding is performed
on them.
(ii) Employees in areas not protected from the arc by screening
shall be protected by appropriate filter lenses in accordance with the
requirements of paragraph (h) of this section. When welders are exposed
to their own arc or to each other's arc, filter lenses complying with
the requirements of paragraph (h) of this section shall be worn to
protect against flashes and radiant energy.
(iii) Employees exposed to radiation shall have their skin covered
completely to prevent ultraviolet burns and damage. Helmets and hand
shields shall not have leaks, openings or highly reflective surfaces.
(iv) Inert-gas metal-arc welding on stainless steel shall not be
performed unless exposed employees are protected either by local exhaust
ventilation or by wearing supplied air respirators.
(g) Welding, cutting and heating on preservative coatings. (1)
Before hot work is commenced on surfaces covered by a preservative
coating of unknown flammability, a test shall be made by a designated
person to determine the coating's flammability. Preservative coatings
shall be considered highly flammable when scrapings burn with extreme
rapidity.
(2) Appropriate precaution shall be taken to prevent ignition of
highly flammable hardened preservative coatings. Highly flammable
coatings shall be stripped from the area to be heated. An uncoiled fire
hose with fog nozzle, under pressure, shall be immediately available in
the hot work area.
(3) Surfaces covered with preservative coatings shall be stripped
for at least 4 inches (10.16 cm) from the area of heat application or
employees shall be protected by supplied air respirators in accordance
with the requirements of Sec. 1910.134 of this chapter.
(h) Protection against radiant energy. (1) Employees shall be
protected from radiant energy eye hazards by spectacles, cup goggles,
helmets, hand shields or face shields with filter lenses complying with
the requirements of this paragraph.
(2) Filter lenses shall have an appropriate shade number, as
indicated in Table G-1, for the work performed. Variations of one or two
shade numbers are permissible to suit individual preferences.
(3) If filter lenses are used in goggles worn under the helmet, the
shade numbers of both lenses equals the value shown in Table G-1 for the
operation.
Table G-1--Filter Lenses for Protection Against Radiant Energy
------------------------------------------------------------------------
Operation Shade No.
------------------------------------------------------------------------
Soldering................................. 2.
Torch Brazing............................. 3 or 4.
Light cutting, up to 1 inch............... 3 or 4.
Medium cutting, 1-6 inches................ 4 or 5.
Heavy cutting, over 6 inches.............. 5 or 6.
Light gas welding, up to \1/8\ inch....... 4 or 5.
Medium gas welding, \1/8\-\1/2\ inch...... 5 or 6.
Heavy gas welding, over \1/2\ inch........ 6 or 8.
Shielded Metal-Arc Welding \1/16\ to \5/ 10
32\-inch electrodes.
Inert-gas Metal-Arc Welding (Non-ferrous) 11.
1/16- to 5/32-inch electrodes.
Shielded Metal-Arc Welding:
3/16- to \1/4\-inch electrodes.......... 12.
5/16- and \3/8\-inch electrodes......... 14.
------------------------------------------------------------------------
[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997; 65
FR 40942, June 30, 2000]
Sec. 1917.153 Spray painting (See also Sec. 1917.2, definition of
Hazardous cargo, materials, substance, or atmosphere).
(a) Scope. This section covers painting operations connected with
maintenance of structures, equipment and gear at the marine terminal and
of transient equipment serviced at the terminal. It does not apply to
overall painting of terminal structures under construction, major repair
or rebuilding of terminal structures, or portable spraying apparatus not
used regularly in the same location.
(b) Definitions--(1) Spraying area means any area where flammable
vapors, mists or combustible residues, dusts or deposits may be present
due to paint spraying operations.
(2) Spray booth means an enclosure containing a flammable or
combustible spraying operation and confining and limiting the escape of
paint, vapor and residue by means of a powered exhaust system.
(3) Approved means, for the purpose of this section, that the
equipment has been approved for the specified use by a
[[Page 263]]
nationally recognized testing laboratory.
(c) Spray painting requirements for indoor and outdoor spraying
areas and booths. (1) Shut-off valves, containers or piping with
attached hoses or flexible connections shall have shut-off valves closed
at the connection when not in use.
(2) Pumps used to transfer paint supplies shall have automatic
pressure-relieving devices.
(3) Hoses and couplings shall be inspected before use. Hoses showing
deterioration, leakage or weakness in the carcass or at the couplings
shall be removed from service.
(4)(i) No open flame or spark-producing equipment shall be within 20
feet (6.1 m) of a spraying area unless it is separated from the spraying
area by a fire-retardant partition.
(ii) Hot surfaces shall not be located in spraying areas.
(iii) Whenever combustible residues may accumulate on electrical
installations, wiring shall be in rigid conduit or in boxes containing
no taps, splices or connections.
(iv) Portable electric lights shall not be used during spraying
operations. Lights used during cleaning or repairing operations shall be
approved for the location in which they are used.
(5) When flammable or combustible liquids are being transferred
between containers, both containers shall be bonded and grounded.
(6)(i) Spraying shall be performed only in designated spray booths
or spraying areas.
(ii) Spraying areas shall be kept as free from combustible residue
accumulations as practicable.
(iii) Residue scrapings, debris, rags, and waste shall be removed
from the spraying area as they accumulate.
(7) Spraying with organic peroxides and other dual-component
coatings shall only be conducted in sprinkler-equipped spray booths.
(8) Only the quantity of flammable or combustible liquids required
for the operation shall be allowed in the spraying area, and in no case
shall the amount exceed a one-day supply.
(9) Smoking shall be prohibited and ``No Smoking'' signs shall be
posted in spraying and paint storage areas.
(d) Additional requirements for spraying areas and spray booths. (1)
Distribution or baffle plates shall be of noncombustible material and
shall be removable or accessible for cleaning. They shall not be located
in exhaust ducts.
(2) Any discarded filter shall be removed from the work area or
placed in water.
(3) Filters shall not be used when the material being sprayed is
highly susceptible to spontaneous heating and ignition.
(4) Filters shall be noncombustible or of an approved type. The same
filter shall not be used when spraying with different coating materials
if the combination of materials may spontaneously ignite.
(5) Spraying areas shall be mechanically ventilated for removal of
flammable and combustible vapor and mist.
(6) Mechanical ventilation shall be in operation during spraying
operations and long enough thereafter to exhaust hazardous vapor
concentrations.
(7) Rotating fan elements shall be nonsparking or the casing shall
consist of or be lined with nonsparking material.
(8) Piping systems conveying flammable or combustible liquids to the
spraying booth or area shall be made of metal and be both bonded and
grounded.
(9) Air exhausted from spray operations shall not contaminate makeup
air or other ventilation intakes. Exhausted air shall not be
recirculated unless it is first cleaned of any hazardous contaminants.
(10) Original closed containers, approved portable tanks, approved
safety cans or a piping system shall be used to bring flammable or
combustible liquids into spraying areas.
(11) If flammable or combustible liquids are supplied to spray
nozzles by positive displacement pumps, the pump discharge line shall
have a relief valve discharging either to a pump section or detached
location, or the line shall be equipped with a device to stop the prime
mover when discharge pressure exceeds the system's safe operating
pressure.
(12) Wiring, motors and equipment in a spray booth shall be of
approved explosion-proof type for Class I, Group D
[[Page 264]]
locations and conform to subpart S of Part 1910 of this chapter for
Class I, Division 1, Hazardous Locations. Wiring, motors and equipment
within 20 feet (6.1m) of any interior spraying area and not separated by
vapor-tight partitions shall not produce sparks during operation and
shall conform to the requirements of subpart S of Part 1910 of this
chapter for Class I, Division 2, Hazardous Locations.
(13) Outside electrical lights within 10 feet (3.05m) of spraying
areas and not separated from the areas by partitions shall be enclosed
and protected from damage.
(e) Additional requirements for spray booths. (1) Spray booths shall
be substantially constructed of noncombustible material and have smooth
interior surfaces. Spray booth floors shall be covered with
noncombustible material. As an aid to cleaning, paper may be used to
cover the floor during painting operations if it is removed after the
painting is completed.
(2) Spray booths shall be separated from other operations by at
least 3 feet (0.91m) or by fire-retardant partitions or walls.
(3) A space of at least 3 feet (0.91m) on all sides of the spray
booth shall be maintained free of storage or combustible materials.
(4) Metal parts of spray booths, exhaust ducts, piping and airless
high-pressure spray guns and conductive objects being sprayed shall be
grounded.
(5) Electric motors driving exhaust fans shall not be located inside
booths or ducts.
(6) Belts shall not enter ducts or booths unless the belts are
completely enclosed.
(7) Exhaust ducts shall be made of steel, shall have sufficient
access doors to permit cleaning, and shall have a minimum clearance of
18 inches (0.46m) from combustible materials. Any installed dampers
shall be fully opened when the ventilating system is operating.
(8) Spray booths shall not be alternately used to spray different
types of coating materials if the combination of the materials may
spontaneously ignite unless deposits of the first material are removed
from the booth and from exhaust ducts before spraying of the second
material begins.
[48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000]
Sec. 1917.154 Compressed air.
Employees shall be protected by chip guarding and personal
protective equipment complying with the provisions of subpart E of this
part during cleaning with compressed air. Compressed air used for
cleaning shall not exceed a pressure of 30 psi. Compressed air shall not
be used to clean employees.
Sec. 1917.155 Air receivers.
(a) Application. This section applies to compressed air receivers
and equipment used for operations such as cleaning, drilling, hoisting
and chipping. It does not apply to equipment used to convey materials or
in such transportation applications as railways, vehicles or cranes.
(b) Gauges and valves. (1) Air receivers shall be equipped with
indicating pressure gauges and spring-loaded safety valves. Safety
valves shall prevent receiver pressure from exceeding 110 percent of the
maximum allowable working pressure.
(2) No other valves shall be placed between air receivers and their
safety valves.
Sec. 1917.156 Fuel handling and storage.
(a) Liquid fuel. (1) Only designated persons shall conduct fueling
operations.
(2) In case of spillage, filler caps shall be replaced and spillage
disposed of before engines are started.
(3) Engines shall be stopped and operators shall not be on the
equipment during refueling operations.
(4) Smoking and open flames shall be prohibited in areas used for
fueling, fuel storage or enclosed storage of equipment containing fuel.
(5) Equipment shall be refueled only at designated locations.
(6) Liquid fuels not handled by pump shall be handled and
transported only in portable containers or equivalent means designed for
that purpose. Portable containers shall be metal, have tight closures
with screw or spring covers and shall be equipped with spouts
[[Page 265]]
or other means to allow pouring without spilling. Leaking containers
shall not be used.
(7) Flammable liquids may be dispensed in the open from a tank or
from other vehicles equipped for delivering fuel to another vehicle only
if:
(i) Dispensing hoses do not exceed 50 feet (15.24 m) in length; and
(ii) Any powered dispensing nozzles used are of the automatic-
closing type.
(8) Liquid fuel dispensing devices shall be provided with an easily
accessible and clearly identified shut-off device, such as a switch or
circuit breaker, to shut off the power in an emergency.
(9) Liquid fuel dispensing devices, such as pumps, shall be mounted
either on a concrete island or be otherwise protected against collision
damage.
(b) Liquefied gas fuels--(1) Fueling locations. (i) Liquefied gas
powered equipment shall be fueled only at designated locations.
(ii) Equipment with permanently mounted fuel containers shall be
charged outdoors.
(iii) Equipment shall not be fueled or stored near underground
entrances, elevator shafts or other places where gas or fumes might
accumulate.
(2) Fuel containers. (i) When removable fuel containers are used,
the escape of fuel when containers are exchanged shall be minimized by:
(A) Automatic quick-closing couplings (closing in both directions
when uncoupled) in fuel lines; or
(B) Closing fuel container valves and allowing engines to run until
residual fuel is exhausted.
(ii) Pressure-relief valve openings shall be in continuous contact
with the vapor space (top) of the cylinder.
(iii) Fuel containers shall be secured to prevent their being jarred
loose, slipping or rotating.
(iv) Containers shall be located to prevent damage to the container.
If located within a compartment, that compartment shall be vented.
Containers near the engine or exhaust system shall be shielded against
direct heat radiation.
(v) Container installation shall provide the container with at least
the vehicle's road clearance under maximum spring deflection, which
shall be to the bottom of the container or to the lowest fitting on the
container or housing, whichever is lower.
(vi) Valves and connections shall be protected from contact damage.
Permanent protection shall be provided for fittings on removable
containers.
(vii) Defective containers shall be removed from service.
(3) Fueling operations. (i) To the extent applicable, fueling
operations for liquefied gas fuels shall also comply with paragraph (a)
of this section.
(ii) Using matches or flames to check for leaks is prohibited.
(iii) Containers shall be examined before recharging and again
before reuse for the following:
(A) Dents, scrapes and gouges of pressure vessels;
(B) Damage to valves and liquid level gauges;
(C) Debris in relief valves;
(D) Leakage at valves or connections; and
(E) Deterioration or loss of flexible seals in filling or servicing
connections.
(4) Fuel storage. (i) Stored fuel containers shall be located to
minimize exposure to excessive temperatures and physical damage.
(ii) Containers shall not be stored near exits, stairways or areas
normally used or intended for egress.
(iii) Outlet valves of containers in storage or transport shall be
closed. Relief valves shall connect with vapor spaces.
(5) Vehicle storage and servicing. (i) Liquefied gas fueled vehicles
may be stored or serviced inside garages or shops only if there are no
fuel system leaks.
(ii) Liquefied gas fueled vehicles under repair shall have container
shut-off valves closed unless engine operation is necessary for repairs.
(iii) Liquefied gas fueled vehicles shall not be parked near open
flames, sources of ignition or unventilated open pits.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997; 65
FR 40943, June 30, 2000]
[[Page 266]]
Sec. 1917.157 Battery charging and changing.
(a) Only designated persons shall change or charge batteries.
(b) Battery charging and changing shall be performed only in areas
designated by the employer.
(c) Smoking and other ignition sources are prohibited in charging
areas.
(d) Filler caps shall be in place when batteries are being moved.
(e) Parking brakes shall be applied before batteries are charged or
changed.
(f) When a jumper battery is connected to a battery in a vehicle,
the ground lead shall connect to ground away from the vehicle's battery.
Ignition, lights and accessories on the vehicle shall be turned off
before connections are made.
(g) Batteries shall be free of corrosion buildup and cap vent holes
shall be open.
(h) Adequate ventilation shall be provided during charging.
(i) Facilities for flushing the eyes, body and work area with water
shall be provided wherever electrolyte is handled, except that this
requirement does not apply when employees are only checking battery
electrolyte levels or adding water.
(j) Carboy tilters or siphons shall be used to handle electrolyte in
large containers.
(k) Battery handling equipment which could contact battery terminals
or cell connectors shall be insulated or otherwise protected.
(l) Metallic objects shall not be placed on uncovered batteries.
(m) When batteries are being charged, the vent caps shall be in
place.
(n) Chargers shall be turned off when leads are being connected or
disconnected.
(o) Installed batteries shall be secured to avoid physical or
electrical contact with compartment walls or components.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997]
Sec. 1917.158 Prohibited operations.
(a) Spray painting and abrasive blasting operations shall not be
conducted in the vicinity of cargo handling operations.
(b) Welding and burning operations shall not be conducted in the
vicinity of cargo handling operations unless such hot work is part of
the cargo operation.
Appendix I to Part 1917--Special Cargo Gear and Container Spreader Test
Requirements (Mandatory) [see Sec. 1917.50(c)(5)]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Type gear Test requirement Tested by Proof test
----------------------------------------------------------------------------------------------------------------
A. All Special Cargo Handling Gear Purchased or Manufactured on or After January 21, 1998
----------------------------------------------------------------------------------------------------------------
1. Safe Working Load--greater Prior to initial OSHA accredited Up to 20 short 125% SWL
than 5 short tons (10,000 lbs./ use. agency only. tons.
4.5 metric tons).
Prior to reuse From 20 to 50 5 short tons in
after structural short tons excess of SWL
damage repair
Every four years OSHA accredited Over 50 short tons 110% SWL
after initial agency or
proof load test designated person
(40)(1) 125% SWL
----------------------------------------------------------------------------------------------------------------
2. Safe Working Load--5 short Prior to initial OSHA accredited 125% SWL
tons or less. use agency or
Prior to reuse designated person
after structural
damage repair.
----------------------------------------------------------------------------------------------------------------
[[Page 267]]
3. Intermodal container Prior to initial
spreaders not part of vessel's use
cargo handling gear.
Prior to reuse OSHA accredited
after structural agency only
damage repair
Every four years OSHA accredited 125% SWL
after initial agency or
proof load test. designated person.
----------------------------------------------------------------------------------------------------------------
B. All Special Cargo Handling Gear in Use Prior to January 21, 1998
----------------------------------------------------------------------------------------------------------------
1. Any Safe Working Load........ Every four years OSHA accredited Up to 20 short
starting on agency or tons.
January 21, 1998. designated person.
Prior to initial OSHA accredited From 20 to 50 5 short tons in
use or prior to agency short tons excess of SWL
reuse after
structural damage
repair
Over 50 short tons 110% SWL
----------------------------------------------------------------------------------------------------------------
2. Intermodal container Every four years OSHA accredited
spreaders not part of ship's starting on agency or
gear. January 21, 1998 designated person
Prior to initial OSHA accredited 125% SWL
use or prior to agency
reuse after
structural damage
repair
----------------------------------------------------------------------------------------------------------------
[65 FR 40943, June 30, 2000]
PART 1918_SAFETY AND HEALTH REGULATIONS FOR LONGSHORING
Subpart A_General Provisions
Sec.
1918.1 Scope and application.
1918.2 Definitions.
1918.3 Incorporation by reference
1918.4 OMB control numbers under the Paperwork Reduction Act.
1918.5 Compliance duties owed to each employee.
Subpart B_Gear Certification
1918.11 Gear certification (See also Sec. Sec. 1918.2, definition of
``Vessel's cargo handling gear'' and 1918.51).
Subpart C_Gangways and Other Means of Access
1918.21 General requirements.
1918.22 Gangways.
1918.23 Jacob's ladders.
1918.24 Fixed and portable ladders.
1918.25 Bridge plates and ramps (See also Sec. 1918.86).
1918.26 Access to barges and river towboats.
Subpart D_Working Surfaces
1918.31 Hatch coverings.
1918.32 Stowed cargo and temporary landing surfaces.
1918.33 Deck loads.
1918.34 Other decks.
1918.35 Open hatches.
1918.36 Weather deck rails.
1918.37 Barges.
Subpart E_Opening and Closing Hatches
1918.41 Coaming clearances.
1918.42 Hatch beam and pontoon bridles.
1918.43 Handling hatch beams and covers.
Subpart F_Vessel's Cargo Handling Gear
1918.51 General requirements (See also Sec. 1918.11 and appendix III of
this part).
1918.52 Specific requirements.
1918.53 Cargo winches.
1918.54 Rigging gear.
1918.55 Cranes (See also Sec. 1918.11).
Subpart G_Cargo Handling Gear and Equipment Other Than Ship's Gear
1918.61 General (See also appendix IV of this part).
1918.62 Miscellaneous auxiliary gear.
1918.63 Chutes, gravity conveyors and rollers.
1918.64 Powered conveyors.
1918.65 Mechanically-powered vehicles used aboard vessels.
1918.66 Cranes and derricks other than vessel's gear.
1918.67 Notifying ship's officers before using certain equipment.
1918.68 Grounding.
1918.69 Tools.
1918.70-1918.80 [Reserved]
[[Page 268]]
Subpart H_Handling Cargo
1918.81 Slinging.
1918.82 Building drafts.
1918.83 Stowed cargo; tiering and breaking down.
1918.84 Bulling cargo.
1918.85 Containerized cargo operations.
1918.86 Roll-on roll-off (Ro-Ro) operations (see also Sec. 1918.2, Ro-
Ro operations, and Sec. 1918.25).
1918.87 Ship's cargo elevators.
1918.88 Log operations.
1918.89 Handling hazardous cargo (See also Sec. 1918.2 and Sec.
1918.99).
Subpart I_General Working Conditions
1918.90 Hazard communication.
1918.91 Housekeeping.
1918.92 Illumination.
1918.93 Hazardous atmospheres and substances (See also Sec. 1918.2).
1918.94 Ventilation and atmospheric conditions (See also Sec. 1918.2,
definitions of Hazardous cargo, materials, substance or
atmosphere and Ro-Ro operations).
1918.95 Sanitation.
1918.96 Maintenance and repair work in the vicinity of longshoring
operations.
1918.97 First aid and lifesaving facilities. (See appendix V of this
part).
1918.98 Qualifications of machinery operators and supervisory training.
1918.99 Retention of DOT markings, placards and labels.
1918.100 Emergency action plans.
Subpart J_Personal Protective Equipment
1918.101 Eye and face protection.
1918.102 Respiratory protection.
1918.103 Head protection.
1918.104 Foot protection.
1918.105 Other protective measures.
1918.106 Payment for protective equipment.
Appendix I to Part 1918--Cargo Gear Register and Certificates (Non-
mandatory)
Appendix II to Part 1918--Tables for Selected Miscellaneous Auxiliary
Gear (Mandatory)
Appendix III to Part 1918--The Mechanics of Conventional Cargo Gear
(Non-mandatory)
Appendix IV to Part 1918--Special Cargo Gear and Container Spreader Test
Requirements (Mandatory) [see Sec. 1918.61 (f), (g), (h)]
Appendix V to Part 1918--Basic Elements of a First Aid Training Program
(Non-Mandatory)
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), 4-2010 (75 FR 55355), or 1-
2012 (77 FR 3912), as applicable; and 29 CFR 1911.
Section 1918.90 also issued under 5 U.S.C. 553.
Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C.
553.
Section 1918.90 also issued under 5 U.S.C. 553.
Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C.
553.
Source: 62 FR 40202, July 25, 1997, unless otherwise noted.
Subpart A_General Provisions
Sec. 1918.1 Scope and application.
(a) The regulations of this part apply to longshoring operations and
related employments aboard vessels. All cargo transfer accomplished with
the use of shore-based material handling devices is covered by part 1917
of this chapter.
(b) Part 1910 of this chapter does not apply to longshoring except
for the following provisions:
(1) Access to employee exposure and medical records. Subpart Z,
Sec. 1910.1020;
(2) Commercial diving operations. Subpart T;
(3) Electrical. Subpart S when shore-based electrical installations
provide power for use aboard vessels;
(4) Hazard communication. Subpart Z, Sec. 1910.1200;
(5) Ionizing radiation. Subpart Z, Sec. 1910.1096;
(6) Noise. Subpart G, Sec. 1910.95;
(7) Nonionizing radiation. Subpart G, Sec. 1910.97;
Note to paragraph (b)(7): Exposures to nonionizing radiation
emissions from commercial vessel radar transmitters are considered
hazardous under the following situations: (a) Where the radar is
transmitting, the scanner is stationary, and the exposure distance is 19
feet (5.79 m) or less; or (b) where the radar is transmitting, the
scanner is rotating, and the exposure distance is 5 feet (1.52 m.) or
less.
(8) Respiratory protection. Subpart I, Sec. 1910.134;
(9) Toxic and hazardous substances. Subpart Z applies to marine
cargo handling activities except for the following:
(i) When a substance or cargo is contained within a sealed, intact
means of packaging or containment complying with Department of
Transportation or
[[Page 269]]
International Maritime Organization requirements;\1\
---------------------------------------------------------------------------
\1\ The International Maritime Organization publishes the
International Maritime Dangerous Goods Code to aid compliance with the
international legal requirements of the International Convention for the
Safety of Life at Sea, 1960.
---------------------------------------------------------------------------
(ii) Bloodborne pathogens, Sec. 1910.1030;
(iii) Carbon monoxide, Sec. 1910.1000 (See Sec. 1918.94(a)); and
(iv) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1918.94(f)); and
(v) Hexavalent chromium Sec. 1910.1026 (See Sec. 1915.1026)
(10) Powered industrial truck operator training, Subpart N, Sec.
1910.178(l).
Note to paragraph (b)(10): The Compliance dates of December 1, 1999
set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, 2000 for
Longshoring.
(c) Section 1915.1026 applies to any occupational exposures to
hexavalent chromium in workplaces covered by this part.
[62 FR 40202, July 25, 1997, as amended at 63 FR 66274, Dec. 1, 1998; 64
FR 46847, Aug. 27, 1999; 65 FR 40943, June 30, 2000; 71 FR 10381, Feb.
28, 2006]
Sec. 1918.2 Definitions.
Barge means an unpowered, flatbottomed, shallow draft vessel
including river barges, scows, carfloats, and lighters. It does not
include ship shaped or deep draft barges.
Bulling means the horizontal dragging of cargo across a surface with
none of the weight of the cargo supported by the fall.
Danger zone means any place in or about a machine or piece of
equipment where an employee may be struck by or caught between moving
parts, caught between moving and stationary objects or parts of the
machine, caught between the material and a moving part of the machine,
burned by hot surfaces or exposed to electric shock. Examples of danger
zones are nip and shear points, shear lines, drive mechanisms, and areas
underneath counterweights.
Designated person means a person who possesses specialized abilities
in a specific area and is assigned by the employer to do a specific task
in that area.
Dockboards (car and bridge plates) mean devices for spanning short
distances between, for example, two barges, that is not higher than four
feet (1.22m) above the water or next lower level.
Employee means any longshore worker or other person engaged in
longshoring operations or related employments other than the master,
ship's officers, crew of the vessel, or any person engaged by the master
to load or unload any vessel of less than 18 net tons.
Employer means a person that employs employees in longshoring
operations or related employments, as defined in this section.
Enclosed space means an interior space in or on a vessel that may
contain or accumulate a hazardous atmosphere due to inadequate natural
ventilation. Examples of enclosed spaces are holds, deep tanks and
refrigerated compartments.
Fall hazard means the following situations:
(1) Whenever employees are working within three feet (.91 m) of the
unprotected edge of a work surface that is 8 feet or more (2.44 m) above
the adjoining surface and twelve inches (.3 m) or more, horizontally,
from the adjacent surface; or
(2) Whenever weather conditions may impair the vision or sound
footing of employees working on top of containers.
Fumigant is a substance or mixture of substances, used to kill pests
or prevent infestation, that is a gas or is rapidly or progressively
transformed to the gaseous state, although some nongaseous or
particulate matter may remain and be dispersed in the treatment space.
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.
Hatch beam or strongback mean a portable transverse or longitudinal
beam placed across a hatchway that acts as a bearer to support the hatch
covers.
Hazardous cargo, materials, substance or atmosphere means:
[[Page 270]]
(1) Any substance listed in 29 CFR part 1910, subpart Z;
(2) Any material in the Hazardous Materials Table and Hazardous
Materials Communications Regulations of the Department of
Transportation, 49 CFR part 172;
(3) Any article not properly described by a name in the Hazardous
Materials Table and Hazardous Materials Communication Regulations of the
Department of Transportation, 49 CFR part 172, but which is properly
classified under the definitions of those categories of dangerous
articles given in 49 CFR part 173; or
(4) Any atmosphere with an oxygen content of less than 19.5 percent
or greater than 23 percent.
Intermodal container means a reusable cargo container of a rigid
construction and rectangular configuration; fitted with devices
permitting its ready handling, particularly its transfer from one mode
of transport to another; so designed to be readily filled and emptied;
intended to contain one or more articles of cargo or bulk commodities
for transportation by water and one or more other transport modes. The
term includes completely enclosed units, open top units, fractional
height units, units incorporating liquid or gas tanks and other
variations fitting into the container system. It does not include
cylinders, drums, crates, cases, cartons, packages, sacks, unitized
loads or any other form of packaging.
Longshoring operations means the loading, unloading, moving or
handling of cargo, ship's stores, gear, or any other materials, into,
in, on, or out of any vessel.
Mississippi River System includes the Mississippi River from the
head of navigation to its mouth, and navigable tributaries including the
Illinois Waterway, Missouri River, Ohio River, Tennessee River,
Allegheny River, Cumberland River, Green River, Kanawha River,
Monongahela River, and such others to which barge operations extend.
Public vessel means a vessel owned and operated by a government and
not regularly employed in merchant service.
Ramp means other flat surface devices for passage between levels and
across openings not covered under the term dockboards.
Related employments means any employments performed incidental to or
in conjunction with longshoring operations, including, but not
restricted to, securing cargo, rigging, and employment as a porter,
clerk, checker, or security officer.
River towboat means a shallow draft, low freeboard, self-propelled
vessel designed to tow river barges by pushing ahead. It does not
include other towing vessels.
Ro-Ro operations are those cargo handling and related operations,
such as lashing, that occur on Ro-Ro vessels, which are vessels whose
cargo is driven on or off the vessel by way of ramps and moved within
the vessel by way of ramps and/or elevators.
Ship's stores means materials that are aboard a vessel for the
upkeep, maintenance, safety, operation, or navigation of the vessel, or
for the safety or comfort of the vessel's passengers or crew.
Small trimming hatch means a small hatch or opening, pierced in the
between deck or other intermediate deck of a vessel, and intended for
the trimming of dry bulk cargoes. It does not refer to the large
hatchways through which cargo is normally handled.
Vessel includes every description of watercraft or other artificial
contrivance used or capable of being used for transportation on water,
including special purpose floating structures not primarily designed for
or used for transportation on water.
Vessel's cargo handling gear includes that gear that is a permanent
part of the vessel's equipment and used for the handling of cargo other
than bulk liquids. The term covers all stationary or mobile cargo
handling appliances used on board ship for suspending, raising or
lowering loads or moving them from one position to another while
suspended or supported. This includes, but is not limited to, cargo
elevators, forklifts, and other powered industrial equipment. It does
not include gear used only for handling or holding hoses, handling
ship's stores or handling the gangway, or boom conveyor
[[Page 271]]
belt systems for the self-unloading of bulk cargo vessels.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000;
76 FR 33610, June 8, 2011]
Sec. 1918.3 Incorporation by reference.
(a) (1) The standards of agencies of the U.S. Government, and
organizations which are not agencies of the U.S. Government which are
incorporated by reference in this part, have the same force and effect
as other standards in this part. Only the mandatory provisions (i.e.
provisions containing the word ``shall'' or other mandatory language) of
standards incorporated by reference are adopted as standards under the
Occupational Safety and Health Act.
(2) The standards listed in paragraph (b) 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.
(3) 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).
(4) 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 this material 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).
(b) 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:
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders;
IBR approved for Sec. 1918.24(g)(1).
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders;
IBR approved for Sec. 1918.24(g)(2).
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced
Plastic Ladders; IBR approved for Sec. 1918.24(g)(3).
(4) ANSI Z41-1999, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1918.104(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.
(5) ANSI Z41-1991, American National Standard for Personal
Protection--Protective Footwear; IBR approved for Sec.
1918.104(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.
(6) ANSI Z87.1-2003, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1918.101(a)(1)(i)(A). 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.
(7) ANSI Z87.1-1989 (R-1998), American National Standard Practice
for Occupational and Educational Eye and
[[Page 272]]
Face Protection; IBR approved for Sec. 1918.101(a)(1)(i)(B). Copies of
ANSI Z87.1-1989 (R1998) 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.
(8) ANSI Z87.1-1989, American National Standard Practice for
Occupational and Educational Eye and Face Protection; IBR approved for
Sec. 1918.101(a)(1)(i)(C). Copies of ANSI Z87.1-1989 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.
(9) American National Standards Institute (ANSI) Z89.1-2009,
American National Standard for Industrial Head Protection, approved
January 26, 2009; IBR approved for Sec. 1918.103(b)(1)(i). Copies of
ANSI Z89.1-2009 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:
www.safetyequipment.org.
(10) American National Standards Institute (ANSI) Z89.1-2003,
American National Standard for Industrial Head Protection; IBR approved
for Sec. 1918.103(b)(1)(ii). 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: www.safetyequipment.org.
(11) American National Standards Institute (ANSI) Z89.1-1997,
American National Standard for Personnel Protection--Protective Headwear
for Industrial Workers--Requirements; IBR approved for Sec.
1918.103(b)(1)(iii). 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: www.safetyequipment.org.
(c) Copies of the following standards 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.
(1) ASTM F-2412-2005, Standard Test Methods for Foot Protection; IBR
approved for Sec. 1917.94(b)(1)(i).
(2) ASTM F-2413-2005, Standard Specification for Performance
Requirements for Protective Footwear; IBR approved for Sec.
1917.94(b)(1)(i).
[62 FR 40202, July 25, 1997, as amended at 69 FR 18803, Apr. 9, 2004; 74
FR 46360, Sept. 9, 2009; 77 FR 37599, June 22, 2012]
Sec. 1918.4 OMB control numbers under the Paperwork Reduction Act.
The following list identifies the 29 CFR citations for sections or
paragraphs in this part that contain a collection of information
requirement approved by the Office of Management and Budget (OMB). The
list also provides the control number assigned by OMB to each approved
requirement; control number 1218-0196 expires on May 31, 2002 and
control number 1218-0003 expires on July 31, 2001. The list follows:
------------------------------------------------------------------------
OMB control
29 CFR citation No.
------------------------------------------------------------------------
1918.22(g).............................................. 1218-0196
1918.24(i)(1)........................................... 1218-0196
1918.61(b)(2)........................................... 1218-0196
1918.61(c).............................................. 1218-0196
1918.61(f)(1)........................................... 1218-0003
1918.61(f)(2)........................................... 1218-0003
1918.61(g).............................................. 1218-0003
1918.61(h).............................................. 1218-0003
1918.61(i).............................................. 1218-0003
1918.62(b)(1)........................................... 1218-0196
1918.62(b)(5)........................................... 1218-0196
1918.62(c)(1)........................................... 1218-0196
1918.62(d)(1)........................................... 1218-0196
1918.62(g)(3)........................................... 1218-0196
1918.62(g)(4)........................................... 1218-0196
1918.62(h)(1)........................................... 1218-0196
1918.62(h)(3)(ii)....................................... 1218-0196
1918.62(h)(4)........................................... 1218-0196
1918.64(k)(1)........................................... 1218-0196
1918.64(k)(2)........................................... 1218-0196
1918.65(b)(1)........................................... 1218-0196
1918.66(a)(2)........................................... 1218-0196
1918.66(a)(8)........................................... 1218-0196
1918.66(a)(9)........................................... 1218-0196
1918.66(a)(11).......................................... 1218-0196
1918.66(a)(15).......................................... 1218-0196
1918.66(d)(2)........................................... 1218-0196
1918.66(d)(4)........................................... 1218-0196
1918.66(f)(1)(v)........................................ 1218-0196
1918.85(a).............................................. 1218-0196
1918.85(b)(4)(ii)....................................... 1218-0196
1918.85(k)(13).......................................... 1218-0196
1918.86(b).............................................. 1218-0196
1918.86(e).............................................. 1218-0196
1918.86(g).............................................. 1218-0196
1918.86(h).............................................. 1218-0196
1918.93(b).............................................. 1218-0196
1918.93(d)(4)........................................... 1218-0196
1918.94(c).............................................. 1218-0196
1918.96(e)(2)........................................... 1218-0196
[[Page 273]]
1918.97(d)(7)........................................... 1218-0196
1918.100(a)............................................. 1218-0196
1918.100(e)(3).......................................... 1218-0196
------------------------------------------------------------------------
[64 FR 61506, Nov. 12, 1999]
Sec. 1918.5 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 75588, Dec. 12, 2008]
Subpart B_Gear Certification
Sec. 1918.11 Gear certification (See also Sec. Sec. 1918.2,
definition of ``Vessel's cargo handling gear'' and 1918.51).
(a) The employer shall not use the vessel's cargo handling gear
until it has been ascertained that the vessel has a current and valid
cargo gear register and certificates that in form and content are in
accordance with the recommendations of the International Labor Office,
as set forth in appendix I of this part, and as provided by
International Labor Organization Convention No. 152, and that shows that
the cargo gear has been tested, examined and heat treated by or under
the supervision of persons or organizations defined as competent to make
register entries and issue certificates pursuant to paragraphs (b) and
(c) of this section.
(1) Annual thorough examinations under ILO 152 are required after
July 27, 1998.
(2) Testing under ILO 152 is required after July 16, 2001.
(3) In the interim period(s), prior to the effective dates noted in
paragraph (a) (1) and (2), vessels with cargo gear and a cargo gear
register according to ILO 32 are deemed to meet the requirements of this
paragraph (a).
(b) Public vessels and vessels holding a valid Certificate of
Inspection issued by the U.S. Coast Guard pursuant to 46 CFR part 91 are
deemed to meet the requirements of paragraph (a) of this section.
(c) With respect to U.S. vessels not holding a valid Certificate of
Inspection issued by the U.S. Coast Guard, entries in the registers and
the issuance of certificates required by paragraph (a) of this section
shall be made only by competent persons currently accredited by the U.S.
Department of Labor (OSHA) for full function vessels or loose gear and
wire rope testing, as appropriate, as provided in part 1919 of this
chapter.
(d) With respect to vessels under foreign registries, persons or
organizations competent to make entries in the registers and issue the
certificates required by paragraph (a) of this section shall be:
(1) Those acceptable as such to any foreign nation;
(2) Those acceptable to the Commandant of the U.S. Coast Guard; or
(3) Those currently accredited by the U.S. Department of Labor
(OSHA), for full function vessels or loose gear and wire rope testing,
as appropriate and as provided in part 1919 of this chapter.
Subpart C_Gangways and Other Means of Access
Sec. 1918.21 General requirements.
The employer shall not permit employees to board or leave any
vessel, except a barge or river towboat, until all of the applicable
requirements of this subpart have been met.
[[Page 274]]
(a) If possible, the vessel's means of access shall be located so
that suspended loads do not pass over it. In any event, suspended loads
shall not be passed over the means of access while employees or others
are on it.
(b) When the upper end of the means of access rests on or is flush
with the top of the bulwark, substantial steps, properly secured,
trimmed and equipped with at least one substantial handrail, 33 inches
(.84 m) in height, shall be provided between the top of the bulwark and
the deck.
(c) The means of access shall be illuminated for its full length in
accordance with Sec. 1918.92. \2\
---------------------------------------------------------------------------
\2\ Sec. 1918.92 requires, along with other requirements, an
average light intensity of five foot-candles (54 lux).
---------------------------------------------------------------------------
Sec. 1918.22 Gangways.
(a) Whenever practicable, a gangway of not less than 20 inches (.51
m) in width, of adequate strength, maintained in safe repair and safely
secured shall be used. If a gangway is not practicable, a straight
ladder meeting the requirements of Sec. 1918.24 that extends at least
36 inches (.91 m) above the upper landing surface and is secured against
shifting or slipping shall be provided. When conditions are such that
neither a gangway nor straight ladder can be used, a Jacob's ladder
meeting the requirements of Sec. 1918.23 may be used.
(b) Each side of the gangway, and the turntable, if used, shall have
a hand rail with a minimum height of 33 inches (.84 m) measured
perpendicularly from rail to walking surfaces at the stanchion, with a
midrail. Rails shall be of wood, pipe, chain, wire, rope or materials of
equivalent strength and shall be kept taut always. Portable stanchions
supporting railings shall be supported or secured to prevent accidental
dislodgement.
(c) The gangway shall be kept properly trimmed.
(d) When a fixed flat tread accommodation ladder is used, and the
angle is low enough to require employees to walk on the edge of the
treads, cleated duckboards shall be laid over and secured to the ladder.
(e) When the gangway overhangs the water so that there is danger of
employees falling between the ship and the dock, a net or suitable
protection shall be provided to prevent employees from receiving serious
injury from falls to a lower level.
(f) If the foot of a gangway is more than one foot (.30 m) away from
the edge of the apron, the space between them shall be bridged by a firm
walkway equipped with a hand rail with a minimum height of approximately
33 inches (.84 m) with midrails on both sides.
(g) Gangways shall be kept clear of supporting bridles and other
obstructions, to provide unobstructed passage. If, because of design,
the gangway bridle cannot be moved to provide unobstructed passage, then
the hazard shall be properly marked to alert employees of the danger.
(h) Obstructions shall not be laid on or across the gangway.
(i) Handrails and walking surfaces of gangways shall be maintained
in a safe condition to prevent employees from slipping or falling.
(j) Gangways on vessels inspected and certificated by the U.S. Coast
Guard are deemed to meet the requirements of this section.
Sec. 1918.23 Jacob's ladders.
(a) Jacob's ladders shall be of the double rung or flat tread type.
They shall be well maintained and properly secured.
(b) A Jacob's ladder shall either hang without slack from its
lashings or be pulled up entirely.
(c) When a Jacob's ladder is used as the means of access to a barge
being worked, spacers (bumpers) shall be hung between the vessel, barge,
or other structure to which the barge is tied alongside, or other
equally effective means shall be provided to prevent damage to the
bottom rungs of the ladder.
(d) When a Jacob's ladder is being used so that there is a danger of
an employee falling or being crushed between the vessel, barge, or other
structure (pier), suitable protection shall be provided.
[[Page 275]]
Sec. 1918.24 Fixed and portable ladders.
(a) There shall be at least one safe and accessible ladder for each
gang working in a single hatch. An effective means of gaining a handhold
shall be provided at or near the head of each vertical fixed ladder. No
more than two ladders are required in any hatch regardless of the number
of gangs present.
(b) When any fixed ladder is visibly unsafe (or known to be unsafe),
the employer shall identify such ladder and prohibit its use by
employees.
(c) Where portable straight ladders are used, they shall be of
sufficient length to extend three feet (.91 m) above the upper landing
surface, and be positively secured or held against shifting or slipping.
When conditions are such that a straight ladder cannot be used, Jacob's
ladders meeting the requirements of Sec. 1918.23 may be used.
(d) For vessels built after July 16, 2001, when six inches (15.24
cm) or more clearance does not exist behind the rungs of a fixed ladder,
the ladder shall be deemed ``unsafe'' for the purposes of this section.
Alternate means of access (for example, a portable ladder) must be used.
(e)(1) Where access to or from a stowed deckload or other cargo is
needed and no other safe means is available, ladders or steps of
adequate strength shall be furnished and positively secured or held
against shifting or slipping while in use. Steps formed by the cargo
itself are acceptable when the employer demonstrates that the nature of
the cargo and the type of stowage provides equivalent safe access.
(2) Where portable straight ladders are used they shall be of
sufficient length to extend at least three feet (.91 m) above the upper
landing surface.
(f) The following standards for existing manufactured portable
ladders must be met:
(1) Rungs of manufactured portable ladders obtained before January
21, 1998 shall be capable of supporting a 200-pound (890 N) load without
deformation.
(2) Rungs shall be evenly spaced from nine to sixteen and one-half
inches (22.9 to 41.9 cm), center to center.
(3) Rungs shall be continuous members between rails. Each rung of a
double-rung ladder (two side rails and a center rail) shall extend the
full width of the ladder.
(4) Width between side rails at the base of the ladder shall be at
least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in
overall length, and shall increase at least one-fourth inch (0.64 cm)
for each additional two feet (0.61 m) of ladder length.
(g) Portable manufactured ladders obtained after January 21, 1998
shall bear identification showing that they meet the appropriate ladder
construction requirements of the following standards:
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders;
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders;
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced
Plastic Ladders.
(h) Job-made ladders shall:
(1) Have a uniform distance between rungs of at least 12 inches
(30.48cm) center to center;
(2) Be capable of supporting a 250-pound (1,112 N) load without
deformation; and
(3) Have a minimum width between side rails of 12 inches (30.48 cm)
for ladders 10 feet (3.05 m) or less in height. Width between rails
shall increase at least one-fourth inch (0.64 cm) for each additional
two feet (0.61 m) of ladder length.
(i) The employer shall:
(1) Maintain portable ladders in safe condition. Ladders with the
following defects shall not be used, and shall either be tagged as
unusable if kept on board, or shall be removed from the vessel:
(i) Broken, split or missing rungs, cleats or steps;
(ii) Broken or split side rails;
(iii) Missing or loose bolts, rivets or fastenings;
(iv) Defective ropes; or
(v) Any other structural defect.
(2) Ladders shall be inspected for defects before each day's use,
and after any occurrence, such as a fall, which could damage the ladder.
(j) Ladders shall be used in the following manner:
(1) Ladders shall be securely positioned on a level and firm base.
[[Page 276]]
(2) Ladders shall be fitted with slip-resistant bases and/or be
positively secured or held in place to prevent slipping or shifting
while in use.
(3) Except for combination ladders, self-supporting ladders shall
not be used as single straight ladders.
(4) Unless intended for cantilever operation, non-self-supporting
ladders shall not be used to climb above the top support point.
(5) Ladders shall not be used:
(i) As guys, braces or skids; or
(ii) As platforms, runways or scaffolds.
(6) Metal and wire-reinforced ladders (even with wooden side rails)
shall not be used when employees on the ladder might contact energized
electrical conductors.
(7) Individual sections from different multi-sectional ladders or
two or more single straight ladders shall not be tied or fastened
together to achieve additional length.
(8) Single rail ladders (i.e. made by fastening rungs or devices
across a single rail) shall not be used.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Sec. 1918.25 Bridge plates and ramps (See also Sec. 1918.86).
(a) Bridge and car plates (dockboards). Bridge and car plates used
afloat shall be well maintained and shall:
(1) Be strong enough to support the loads imposed on them;
(2) Be secured or equipped with devices to prevent their
dislodgement;
(3) Be equipped with hand holds or other effective means to permit
safe handling; and
(4) Be designed, constructed, and maintained to prevent vehicles
from running off the edge. \3\
---------------------------------------------------------------------------
\3\ When the gap to be bridged is greater than 36 inches (.91m), an
acceptalbe means of preventing vehicles from running off the edge is a
minimum side board height of two and three-quarter inches.
---------------------------------------------------------------------------
(b) Portable ramps. Portable ramps used afloat shall be well
maintained and shall:
(1) Be strong enough to support the loads imposed on them;
(2) Be equipped with a railing meeting the requirements of Sec.
1918.21(b), if the slope is more than 20 degrees to the horizontal or if
employees could fall more than four feet (1.22 m);
(3) Be equipped with a slip resistant surface;
(4) Be properly secured; and
(5) Be designed, constructed, and maintained to prevent vehicles
from running off the edge. \4\
---------------------------------------------------------------------------
\4\ When the gap to be bridged is greater than 36 inches (.91m), an
acceptable means of preventing vehicles from running off the edge is a
minimum side board height of two and three-quarter inches.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Sec. 1918.26 Access to barges and river towboats.
(a) With the exception of Sec. 1918.25(b)(2), ramps used solely for
vehicle access to or between barges shall meet the requirements of Sec.
1918.25.
(b) When employees cannot step safely to or from the wharf and a
float, barge, or river towboat, either a ramp meeting the requirements
of paragraph (a) of this section or a safe walkway meeting the
requirements of Sec. 1918.22(f) shall be provided. When a ramp or
walkway cannot be used, a straight ladder meeting the requirements of
Sec. 1918.24 and extending at least three feet (.91 m) above the upper
landing surface and adequately secured or held against shifting or
slipping shall be provided. When neither a walkway nor a straight ladder
can be used, a Jacob's ladder meeting the requirements of Sec. 1918.23
shall be provided. Exception: For barges operating on the Mississippi
River System, where the employer shows that these requirements cannot
reasonably be met due to local conditions, other safe means of access
shall be provided.
(c) When a barge or raft is being worked alongside a larger vessel,
a Jacob's ladder meeting the requirements of Sec. 1918.23 shall be
provided for each gang working alongside unless other safe means of
access is provided. However, no more than two Jacob's ladders are
required for any single barge or raft being worked.
(d) When longshoring operations are in progress on barges, the
barges shall
[[Page 277]]
be securely made fast to the vessel, wharf, or dolphins.
Subpart D_Working Surfaces
Sec. 1918.31 Hatch coverings.
(a) No cargo, dunnage, or other material shall be loaded or unloaded
by means requiring the services of employees at any partially opened
intermediate deck unless either the hatch at that deck is sufficiently
covered or an adequate landing area suitable for the prevailing
conditions exists. In no event shall such work be done unless the
working area available for such employees extends for a distance of 10
feet (3.05 m) or more fore and aft and athwartships.
(b) Cargo shall not be landed on or handled over a covered hatch or
'tween-decks unless all hatch beams are in place under the hatch covers.
(c) Missing, broken, or poorly fitting hatch covers that would not
protect employees shall be reported at once to the officer in charge of
the vessel. Pending replacement or repairs by the vessel, work shall not
be performed in the section containing the unsafe covers or in adjacent
sections unless the flooring is made safe.
(d) Hatch covers and hatch beams not of uniform size shall be placed
only in the hatch, deck, and section in which they fit properly.
(e) Small trimming hatches in intermediate decks shall be securely
covered or guarded while work is going on in the hatch in which they are
found, unless they are actually in use.
Sec. 1918.32 Stowed cargo and temporary landing surfaces.
(a) Temporary surfaces on which loads are to be landed shall be of
sufficient size and strength to permit employees to work safely.
(b) When the edge of a hatch section or of stowed cargo may
constitute a fall hazard to an employee, the edge shall be guarded by a
vertical safety net, or other means providing equal protection, to
prevent an employee from falling. When the employer can demonstrate that
vertical nets or other equally effective means of guarding cannot be
used due to the type of cargo, cargo stowage, or other circumstances, a
trapeze net shall be rigged at the top edge of the elevation or other
means shall be taken to prevent injury if an employee falls. Safety nets
shall be maintained in good condition and be of adequate strength for
the purpose intended.
(c) When two gangs are working in the same hatch on different
levels, a vertical safety net shall be rigged and securely fastened to
prevent employees or cargo from falling. Safety nets shall be maintained
in good condition and be of adequate strength for the purpose intended.
Sec. 1918.33 Deck loads.
(a) Employees shall not be permitted to pass over or around deck
loads unless there is a safe route of passage.
(b) Employees giving signals to crane operators shall not be
permitted to walk over deck loads from rail to coaming unless there is a
safe route of passage. If it is necessary to stand or walk at the
outboard or inboard edge of the deck load having less than 24 inches
(.61 m) of bulwark, rail, coaming, or other protection, those employees
shall be provided with protection against falling from the deck load.
Sec. 1918.34 Other decks.
(a) Cargo shall not be worked on decks that were not designed to
support the load being worked.
(b) Grated decks shall be properly placed, supported, maintained and
designed to support employees.
Sec. 1918.35 Open hatches.
Open weather deck hatches around which employees must work that are
not protected to a height of 24 inches (.61 m) by coamings shall be
guarded by taut lines or barricades at a height of 36 to 42 inches (.91
to 1.07 m) above the deck, except on the side on which cargo is being
worked. Any portable stanchions or uprights used shall be supported or
secured to prevent accidental dislodgement.
Sec. 1918.36 Weather deck rails.
Removable weather deck rails shall be kept in place except when
cargo operations require them to be removed, in which case they shall be
replaced as
[[Page 278]]
soon as such cargo operations are completed.
Sec. 1918.37 Barges.
(a) Walking shall be prohibited along the sides of covered lighters
or barges with coamings or cargo more than five feet (1.52 m) high
unless a three-foot (.91 m) clear walkway or a grab rail or taut
handline is provided.
(b) Walking or working shall be prohibited on the decks of barges to
be loaded unless the walking or working surfaces have been determined by
visual inspection to be structurally sound and maintained properly. If,
while discharging a barge, an unsound deck surface is discovered, work
shall be discontinued and shall not be resumed until means have been
taken to ensure a safe work surface.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Subpart E_Opening and Closing Hatches
Sec. 1918.41 Coaming clearances.
(a) Weather decks. If a deck load (such as lumber or other smooth
sided deck cargo) more than five feet (1.52 m) high is stowed within
three feet (.91 m) of the hatch coaming and employees handling hatch
beams and hatch covers are not protected by a coaming at least 24-inch
(.61 m) high, a taut handline shall be provided along the side of the
deckload. The requirements of Sec. 1918.35 are not intended to apply in
this situation.
(b) Intermediate decks. (1) There shall be a three-foot (.91 m)
working space between the stowed cargo and the coaming at both sides and
at one end of the hatches with athwartship hatch beams, and at both ends
of those hatches with fore and aft hatch beams, before intermediate deck
hatch covers and hatch beams are removed or replaced. Exception: The
three-foot (.91 m) clearance is not required on the covered portion of a
partially open hatch, nor is it required when lower decks have been
filled to hatch beam height with cargo of such a nature as to provide a
safe surface upon which employees may work.
(2) For purposes of paragraph (b)(1) of this section, fitted
gratings that are in good condition shall be considered a part of the
decking when properly placed within the three-foot (.91 m) area.
(c) Grab rails or taut handlines shall be provided for the
protection of employees handling hatch beams and hatch covers, when
bulkheads, lockers, reefer compartments or large spare parts are within
three feet (.91 m) of the coaming.
(d) The clearances in this section do not apply to hatches opened or
closed solely by hydraulic or other mechanical means; except that, in
all cases in which the three-foot (.91 m) clearance does not exist,
cargo that is stowed within three feet (.91 m) of the edge of the hatch
shall be adequately secured to prevent cargo from falling into the hold.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Sec. 1918.42 Hatch beam and pontoon bridles.
(a) Hatch beam and pontoon bridles shall be:
(1) Long enough to reach the holes, rings, or other lifting
attachments on the hatch beams and pontoons easily;
(2) Of adequate strength to lift the load safely; and
(3) Properly maintained, including covering or blunting of
protruding ends in wire rope splices.
(b) Bridles for lifting hatch beams shall be equipped with toggles,
shackles, or hooks, or other devices of such design that they cannot
become accidentally dislodged from the hatch beams with which they are
used. Hooks other than those described in this section may be used only
when they are hooked into the standing part of the bridle. Toggles, when
used, shall be at least one inch (2.54 cm) longer than twice the largest
diameter of the holes into which they are placed.
(c) Bridles used for lifting pontoons and plugs shall have the
number of legs required by the design of the pontoon or plug, and all of
which shall be used. Where any use of a bridle requires fewer than the
number of legs provided, idle legs shall be hung on the hook or
[[Page 279]]
ring, or otherwise prevented from swinging free.
(d) At least two legs of all strongback and pontoon bridles shall be
equipped with a lanyard at least eight feet (2.44 m) long and in good
condition. The bridle end of the lanyard shall be of chain or wire.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Sec. 1918.43 Handling hatch beams and covers.
Paragraphs (f)(2), (g), and (h) of this section apply only to
folding, sliding, or hinged metal hatch covers or to those hatch covers
handled by cranes.
(a) (1) When hatch covers or pontoons are stowed on the weather deck
abreast of hatches, they shall be arranged in stable piles not closer to
the hatch coaming than three feet (.91 m). Exception: On the working
side of the hatch, hatch covers or pontoons may be spread one high
between the coaming and bulwark with no space between them, provided the
height of the hatch coaming is no less than 24 inches (.61 m). Under no
circumstances shall hatch covers or pontoons be stacked higher than the
hatch coaming or bulwark on the working side of the hatch.
(2) On seagoing vessels, hatch boards or similar covers removed from
the hatch beams in a section of partially opened hatch during cargo
handling, cleaning or other operations shall not be stowed on the boards
or covers left in place within that section.
(b) Hatch beams shall be laid on their sides, or stood on an edge
close together and lashed. Exception: This paragraph (b) shall not apply
in cases where hatch beams are of such design that:
(1) The width of the flange is 50 percent or more of the height of
the web; and
(2) The flange rests flat on the deck when the hatch beam is stood
upright.
(c) Strongbacks, hatch covers, and pontoons removed from hatch
openings and placed on the weather deck shall not obstruct clear fore-
and-aft or coaming-to-bulwark passageways and shall be lashed or
otherwise secured to prevent accidental dislodgement. Dunnage or other
suitable material shall be used under and between tiers of strongbacks
and pontoons to prevent them from sliding when stowed on steel decks.
(d) Hatch covers unshipped in an intermediate deck shall be placed
at least three feet (.91 m) from the coaming or they shall be removed to
another deck. Strongbacks unshipped in an intermediate deck shall not be
placed closer than six inches (15.24 cm) from the coaming and, if placed
closer than three feet (.91 m), shall be secured so that they cannot be
tipped or dragged into a lower compartment. If such placement or
securement is not possible, strongbacks shall be removed to another
deck.
(e) Any hatch beam or pontoon left in place next to an open hatch
section being worked shall be locked or otherwise secured, so that it
cannot be accidentally displaced. All portable, manually handled hatch
covers, including those bound together to make a larger cover, shall be
removed from any working section, and adjacent sections, unless securely
lashed.
(f)(1) The roller hatch beam at the edge of the open section of the
hatch shall be lashed or pinned back so that it cannot be moved toward
the open section.
(2) Rolling, sectional or telescopic hatch covers of barges that
open in a fore and aft direction shall be secured against unintentional
movement while in the open position.
(g) Hinged or folding hatch covers normally stowed in an
approximately vertical position shall be positively secured when in the
upright position, unless the design of the system otherwise prevents
unintentional movement.
(h) Hatches shall not be opened or closed while employees are in the
square of the hatch below.
(i) All materials such as dunnage, lashings, twist locks, or
stacking cones shall be removed from the hatch cover or be secured to
prevent them from falling off the cover before the hatch cover is moved.
(j) When a hatch is to be covered, hatch covers or night tents shall
be used. Any covering that only partially covers the hatch, such as
alternate hatch covers or strips of dunnage, shall not be covered by a
tarpaulin. Exception: A tarpaulin may be used to cover
[[Page 280]]
an open or partially open hatch to reduce dust emissions during bulk
cargo loading operations, if positive means are taken to prevent
employees from walking on the tarpaulin.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Subpart F_Vessel's Cargo Handling Gear
Sec. 1918.51 General requirements (See also Sec. 1918.11 and appendix
III of this part).
(a) The safe working load specified in the cargo gear certification
papers or marked on the booms shall not be exceeded. Any limitations
imposed by the certificating authority shall be followed.
(b) All components of cargo handling gear, including tent gantlines
and associated rigging, shall be inspected by the employer or a
designated person before each use and at appropriate intervals during
use. Any gear that is found unsafe shall not be used until it is made
safe.
(c) The employer shall determine the load ratings shown on the
vessel's wire rope certificates for all wire rope and wire rope slings
comprising part of ship's gear and shall observe these load ratings.
(d) The following limitations shall apply to the use of wire rope as
a part of the ship's cargo handling gear:
(1) Eye splices in wire ropes shall have at least three tucks with a
whole strand of the rope and two tucks with one-half of the wire cut
from each strand. Other forms of splices or connections that the
employer demonstrates will provide the same level of safety may be used;
(2) Except for eye splices in the ends of wires, each wire rope used
in hoisting or lowering, in guying derricks, or as a topping lift,
preventer, segment of a multi-part preventer, or pendant, shall consist
of one continuous piece without knot or splice; and
(3) Wire rope and wire rope slings exhibiting any of the defects or
conditions specified in Sec. 1918.62(b)(3)(i) through (vi) shall not be
used.
(e) Natural and synthetic fiber rope slings exhibiting any of the
defects or conditions specified in Sec. 1918.62(e) (1) through (7)
shall not be used.
(f) Synthetic web slings exhibiting any of the defects or conditions
specified in Sec. 1918.62(g)(2)(i) through (vi) shall not be used.
(g) Chains, including slings, exhibiting any of the defects or
conditions specified in Sec. 1918.62 (h)(3) (iii), (iv), or (h)(6)
shall not be used.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Sec. 1918.52 Specific requirements.
(a) Preventers. (1) When preventers are used they shall be of
sufficient strength for the intended purpose. They shall be secured to
the head of the boom independent of working guys unless, for cast
fittings, the strength of the fitting exceeds the total strength of all
lines secured to it. Any tails, fittings, or other means of making the
preventers fast on the deck shall provide strength equal to that of the
preventer itself.
(2) Wire rope clips or knots shall not be used to form eyes in, nor
to join sections of, preventer guys.
(b) Stoppers. (1) Chain topping lift stoppers shall be in good
condition, equipped with fiber tails, and long enough to allow not fewer
than three half-hitches in the chain.
(2) Chain stoppers shall be shackled or otherwise secured so that
their links are not bent by being passed around fittings. The point of
attachment shall be of sufficient strength and so placed that the
stoppers are in line with the normal topping lift lead at the time the
stopper is applied.
(3) Patent stoppers of the clamp type shall be appropriate for the
size of the rope used. Clamps shall be in good condition and free of any
substance that would prevent their being drawn tight.
(c) Falls. (1) The end of the winch fall shall be secured to the
drum by clamps, U-bolts, shackles, or other equally strong methods.
Fiber rope fastenings shall not be used.
(2) Winch falls shall not be used with fewer than three turns on the
winch drum.
(3) Eyes in the ends of wire rope cargo falls shall not be formed by
knots and, in single part falls, shall not be formed by wire rope clips.
[[Page 281]]
(4) When the design of the winch permits, the fall shall be wound on
the drum so that the cargo hook rises when the winch control lever is
pulled back and lowers when the lever is pushed forward.
(d) Heel blocks. (1) When an employee works in the bight formed by
the heel block, a preventer at least three-quarters of an inch (1.91 cm)
in diameter wire rope shall be securely rigged, or equally effective
means shall be taken, to hold the block and fall if the heel block
attachments fail. Where physical limitations prohibit the fitting of a
wire rope preventer of the required size, two turns of a one-half inch
(1.27 cm) diameter wire rope shall be sufficient.
(2) If the heel block is not so rigged as to prevent its falling
when not under strain, it shall be secured to prevent alternate raising
and dropping of the block. This requirement shall not apply when the
heel block is at least 10 feet (3.05 m) above the deck when at its
lowest point.
(e) Coaming rollers. Portable coaming rollers shall be secured by
wire preventers in addition to the regular coaming clamps.
(f) Cargo hooks. Cargo hooks shall be as close to the junction of
the falls as the assembly permits, but never farther than two feet (.61
m) from it. Exception: This provision shall not apply when the
construction of the vessel and the operation in progress are such that
fall angles are less than 120 degrees. Overhaul chains shall not be
shortened by bolting or knotting.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40944, June 30, 2000]
Sec. 1918.53 Cargo winches.
(a) Moving parts of winches and other deck machinery shall be
guarded.
(b) Winches shall not be used if control levers operate with
excessive friction or excessive play.
(c) Double gear winches or other winches equipped with a clutch
shall not be used unless a positive means of locking the gear shift is
provided.
(d) There shall be no load other than the fall and cargo hook
assembly on the winch when changing gears on a two-gear winch.
(e) Any defect or malfunction of winches that could endanger
employees shall be reported immediately to the officer in charge of the
vessel, and the winch shall not be used until the defect or malfunction
is corrected.
(f) Temporary seats and shelters for winch drivers that create a
hazard to the winch operator or other employees shall not be used.
(g) Except for short handles on wheel type controls, winch drivers
shall not be permitted to use winch control extension levers unless they
are provided by either the ship or the employer. Such levers shall be of
adequate strength and securely fastened with metal connections at the
fulcrum and at the permanent control lever.
(h) Extension control levers that tend to fall due to their own
weight shall be counterbalanced.
(i) Winch brakes shall be monitored during use. If winch brakes are
unable to hold the load, the winch shall be removed from service.
(j) Winches shall not be used when one or more control points,
either hoisting or lowering, are not operating properly. Only authorized
personnel shall adjust control systems.
(k) When winches are left unattended, control levers shall be placed
in the neutral position and the power shall be shut off or control
levers shall be locked at the winch or the operating controls.
Sec. 1918.54 Rigging gear.
(a) Guy and preventer placement. Each guy or preventer shall be
placed to prevent it from making contact with any other guy, preventer,
or stay.
(b) Guys. When alternate positions for securing guys are provided,
the guys shall be so placed as to produce a minimum stress and not
permit the boom to jackknife.
(c) Boom placement. The head of the midship boom shall be spotted no
farther outboard of the coaming than is necessary for control of the
load.
(d) Preventers. (1) Preventers shall be properly secured to suitable
fittings other than those to which the guys are secured, and shall be as
nearly parallel to the guys as the fittings will permit.
(2) Unless the cleat is also a chock and the hauling part is led
through the
[[Page 282]]
chock opening, the leads of preventers to cleats shall be such that the
direction of the line pull of the preventer is as parallel as possible
to the plane of the surface on which the cleat is mounted.
(3) Guys and associated preventers shall be adjusted to share the
load as equally as possible where cargo operations are being conducted
by burtoning. Exception: Where guys are designed and intended for
trimming purposes only, and the preventer is intended to do the function
of the guy, the guy may be left slack.
(e) Cargo falls. Cargo falls under load shall not be permitted to
chafe on any standing or other running rigging. Exception: Rigging shall
not be construed to mean hatch coamings or other similar structural
parts of the vessel.
(f) Bull wire. (1) Where a bull wire is taken to a winch head for
lowering or topping a boom, the bull wire shall be secured to the winch
head by shackle or other equally strong method. Securing by fiber rope
fastening does not meet this requirement.
(2) When, in lowering or topping a boom, it is not possible to
secure the bull wire to the winch head, or when the topping lift itself
is taken to the winch head, at least five turns of wire shall be used.
(g) Trimming and deckloads. When deck loads extend above the rail
and there is less than 12 inches (30.48 cm) horizontal clearance between
the edge of the deck load and the inside of the bulwark or rail, a
pendant or other alternate device shall be provided to allow trimming of
the gear and to prevent employees from going over the side.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
Sec. 1918.55 Cranes (See also Sec. 1918.11).
The following requirements shall apply to the use of cranes forming
part of a vessel's permanent equipment.
(a) Defects. Cranes with a visible or known defect that affects safe
operation shall not be used. Defects shall be reported immediately to
the officer in charge of the vessel.
(b) Operator's station. (1) Cranes with missing, broken, cracked,
scratched, or dirty glass (or equivalent) that impairs operator
visibility shall not be used.
(2) Clothing, tools and equipment shall be stored so as not to
interfere with access, operation or the operator's view.
(c) Cargo operations. (1) Accessible areas within the swing radius
of the body of a revolving crane or within the travel of a shipboard
gantry crane shall be physically guarded or other equally effective
means shall be taken during operations to prevent an employee from being
caught between the body of the crane and any fixed structure, or between
parts of the crane. Verbal warnings to employees to avoid the dangerous
area do not meet this requirement.
(2) Limit switch bypass systems shall be secured during all cargo
operations. Such bypass systems shall not be used except in an emergency
or during non-cargo handling operations such as stowing cranes or
derricks or performing repairs. Any time a bypass system is used, it
shall be done only under the direction of an officer of the vessel.
(3) Under all operating conditions, at least three full turns of
rope shall remain on ungrooved drums, and two full turns on grooved
drums.
(4) Crane brakes shall be monitored during use. If crane brakes are
unable to hold the load, the crane shall not be used.
(5) Cranes shall not be used if control levers operate with
excessive friction or excessive play.
(6) When cranes are equipped with power down capability, there shall
be no free fall of the gear when a load is attached.
(7) When two or more cranes hoist a load in unison, a designated
person shall direct the operation and instruct personnel in positioning,
rigging of the gear and movements to be made.
(d) Unattended cranes. When cranes are left unattended between work
periods, Sec. 1918.66(b) (4)(i) through (v) shall apply.
[[Page 283]]
Subpart G_Cargo Handling Gear and Equipment Other Than Ship's Gear
Sec. 1918.61 General (See also appendix IV of this part).
(a) Employer provided gear inspection. All gear and equipment
provided by the employer shall be inspected by the employer or
designated person before each use and, when appropriate, at intervals
during its use, to ensure that it is safe. Any gear that is found upon
such inspection to be unsafe shall not be used until it is made safe.
(b) Safe working load. (1) The safe working load of gear as
specified in Sec. Sec. 1918.61 through 1918.66 shall not be exceeded.
(2) All cargo handling gear provided by the employer with a safe
working load greater than five short tons (10,000 lbs. or 4.54 metric
tons) shall have its safe working load plainly marked on it.
(c) Gear weight markings. The weight shall be plainly marked on any
article of stevedoring gear hoisted by ship's gear and weighing more
than 2,000 lbs. (.91 metric tons).
(d) Certification. The employer shall not use any material handling
device listed in paragraphs (f) and (g) of this section until the device
has been certificated, as evidenced by current and valid documents
attesting to compliance with the requirements of paragraph (e) of this
section.
(e) Certification procedures. Each certification required by this
section shall be performed in accordance with part 1919 of this chapter,
by a person then currently accredited by OSHA as provided in that part.
(f) Special gear. (1) Special stevedoring gear provided by the
employer, the strength of which depends upon components other than
commonly used stock items such as shackles, ropes, or chains, and that
has a Safe Working Load (SWL) greater than five short tons (10,000 lbs
or 4.54 metric tons) shall be inspected and tested as a unit before
initial use (see Table A in paragraph (f)(2) of this section). In
addition, any special stevedoring gear that suffers damage necessitating
structural repair shall be inspected and retested after repair and
before being returned to service.
(2) Special stevedoring gear provided by the employer that has a SWL
of five short tons (10,000 lbs. or 4.54 metric tons) or less shall be
inspected and tested as a unit before initial use according to
paragraphs (d) and (e) of this section or by a designated person (see
Table A in this paragraph (f)(2)).
Table A
------------------------------------------------------------------------
Safe working load Proof load
------------------------------------------------------------------------
Up to 20 short tons (18.1 metric tons).... 25 percent in excess.
From 20 through 50 short tons (18.1 to 5 short tons in excess
45.4 metric tons).
Over 50 short tons (45.4 metric tons)..... 10 percent in excess
------------------------------------------------------------------------
(g) Every spreader that is not a part of ship's gear and is used for
handling intermodal containers shall be inspected and tested before
initial use to a proof load equal to 25 percent greater than its rated
capacity. In addition, any spreader that suffers damage necessitating
structural repair shall be inspected and retested after repair and
before being returned to service.
(h) All cargo handling gear covered by this section with a SWL
greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be
proof load tested according to Table A in paragraph (f) or paragraph
(g), as applicable, of this section every four years and in accordance
with paragraphs (d) and (e) of this section or by a designated person.
(i) Certificates and inspection and test records attesting to the
tests required by this section shall be available for inspection.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
Sec. 1918.62 Miscellaneous auxiliary gear.
(a) Routine inspection. (1) At the completion of each use, loose
gear such as slings, chains, bridles, blocks and hooks shall be so
placed as to avoid damage to the gear. Loose gear shall be inspected and
any defects corrected before reuse.
(2) Defective gear, as defined by the manufacturers' specifications
(when available), shall not be used. Distorted hooks, shackles or
similar gear shall be discarded.
[[Page 284]]
Note to paragraph (a): When manufacturers' specifications are not
available to determine whether gear is defective, the employer shall use
the appropriate paragraphs of this section to make these determinations.
(b) Wire rope and wire rope slings. (1) The employer shall follow
the manufacturers' recommended ratings for wire rope and wire rope
slings provided for use aboard ship, and shall have such ratings
available for inspection. When the manufacturer is unable to supply such
ratings, the employer shall use the tables for wire rope and wire rope
slings found in appendix II to this part. A design safety factor of at
least five shall be maintained for the common sizes of running wire used
as falls in purchases, or in such uses as light load slings.
(2) Wire rope with a safety factor of less than five may be used
only as follows:
(i) In specialized equipment, such as cranes, designed to be used
with lesser wire rope safety factors;
(ii) According to design factors in standing rigging applications;
or
(iii) For heavy lifts or other purposes for which a safety factor of
five is not feasible and for which the employer can show that equivalent
safety is ensured.
(3) Wire rope or wire rope slings provided by the employer and
having any of the following conditions shall not be used:
(i) Ten randomly distributed broken wires in one rope lay or three
or more broken wires in one strand in one rope lay;
(ii) Kinking, crushing, bird caging or other damage resulting in
distortion of the wire rope structure;
(iii) Evidence of heat damage;
(iv) Excessive wear or corrosion, deformation or other defect in the
wire or attachments, including cracks in attachments;
(v) Any indication of strand or wire slippage in end attachments; or
(vi) More than one broken wire close to a socket or swaged fitting.
(4) Protruding ends of strands in splices on slings and bridles
shall be covered or blunted. Coverings shall be removable so that
splices can be examined. Means used to cover or blunt ends shall not
damage the wire.
(5) Where wire rope clips are used to form eyes, the employer shall
follow the manufacturers' recommendations, which shall be available for
inspection. If ``U'' bolt clips are used and the manufacturers'
recommendations are not available, table 1 of appendix II to this part
shall be used to determine the number and spacing of clips. ``U'' bolts
shall be applied with the ``U'' section in contact with the dead end of
the rope.
(6) Wire rope shall not be secured by knotting.
(7) Eyes in wire rope bridles, slings, bull wires, or in single
parts used for hoisting shall not be formed by wire rope clips or knots.
(8) Eye splices in wire ropes shall have at least three tucks with a
whole strand of the rope, and two tucks with one-half of the wire cut
from each strand. Other forms of splices or connections that the
employer demonstrates to be equivalently safe may be used.
(9) Except for eye splices in the ends of wires and endless rope
slings, each wire rope used in hoisting or lowering, or bulling cargo,
shall consist of one continuous piece without knot or splice.
(c) Natural fiber rope. (1) The employer shall follow the
manufacturers' recommended ratings for natural fiber rope and natural
fiber rope slings provided for use aboard ship, and shall have such
ratings available for inspection.
(2) If the manufacturers' recommended ratings and use
recommendations are unavailable, the employer shall use table 2 of
appendix II to this part to determine safe working loads of natural
fiber rope slings comprising part of pre-slung drafts.
(3) Eye splices shall consist of at least three full tucks. Short
splices shall consist of at least six tucks, three on each side of the
centerline.
(d) Synthetic rope. (1) The employer shall follow the manufacturers'
ratings and use recommendations for the specific synthetic fiber rope
and synthetic fiber rope slings provided for use aboard ship, and shall
have such ratings available for inspection.
[[Page 285]]
(2) If the manufacturers' recommended ratings and use
recommendations are unavailable, tables 3A and B of appendix II to this
part shall be used to determine the safe working load of synthetic fiber
rope and of synthetic rope slings that comprise this part of pre-slung
drafts.
(3)(i) Unless otherwise recommended by the manufacturer, when
synthetic fiber ropes are substituted for fiber ropes of less than three
inches (7.62 cm) in circumference, the substitute shall be of equal
size. Where substituted for fiber rope of three inches or more in
circumference, the size of the synthetic rope shall be determined from
the formula:
[GRAPHIC] [TIFF OMITTED] TR30JN00.071
Where C = the required circumference of the synthetic rope in inches,
Cs= the circumference to the nearest one-quarter inch of a synthetic
rope having a breaking strength not less than that of the size fiber
rope that is required by paragraph (c) of this section and Cm=the
circumference of the fiber rope in inches that is required by paragraph
(c) of this section.
(ii) In making such substitution, it shall be ascertained that the
inherent characteristics of the synthetic fiber are suitable for
hoisting.
(e) Removal of natural and synthetic rope from service. Natural and
synthetic rope having any of the following defects shall be removed from
service:
(1) Abnormal or excessive wear including heat and chemical damage;
(2) Powdered fiber between strands;
(3) Sufficient cut or broken fibers to affect the capability of the
rope;
(4) Variations in the size or roundness of strands;
(5) Discolorations other than stains not associated with rope
damage;
(6) Rotting; or
(7) Distortion or other damage to attached hardware.
(f) Thimbles. Properly fitting thimbles shall be used when any rope
is secured permanently to a ring, shackle or attachment, where
practicable.
(g) Synthetic web slings. (1) Slings and nets or other combinations
of more than one piece of synthetic webbing assembled and used as a
single unit (synthetic web slings) shall not be used to hoist loads
greater than the sling's rated capacity.
(2) Synthetic web slings shall be removed from service if they
exhibit any of the following defects:
(i) Acid or caustic burns;
(ii) Melting or charring of any part of the sling surface;
(iii) Snags, punctures, tears or cuts;
(iv) Broken or worn stitches;
(v) Distortion or damage to fittings; or
(vi) Display of visible warning threads or markers designed to
indicate excessive wear or damage.
(3) Defective synthetic web slings removed from service shall not be
returned to service unless repaired by a sling manufacturer or an entity
of similar competence. Each repaired sling shall be proof tested by the
repairer to twice the sling's rated capacity before its return to
service. The employer shall retain a certificate of the proof test and
make it available for inspection.
(4) Synthetic web slings provided by the employer shall only be used
according to the manufacturers' use recommendations, which shall be
available.
(5) Fittings shall have a breaking strength at least equal to that
of the sling to which they are attached and shall be free of sharp
edges.
(h) Chains and chain slings used for hoisting. (1) The employer
shall follow the manufacturers' recommended ratings for safe working
loads for the size of wrought iron and alloy steel chains and chain
slings and shall have such ratings available for inspection. When the
manufacturer does not provide such ratings, the employer shall use table
4A of appendix II to this part to determine safe working loads for alloy
steel chains and chain slings only.
(2) Proof coil steel chain, also known as common or hardware chain,
and other chain not recommended by the manufacturer for slinging or
hoisting shall not be used for slinging or hoisting.
(3)(i) Sling chains, including end fastenings, shall be inspected
for visible defects before each day's use and as often as necessary
during use to ensure integrity of the sling.
[[Page 286]]
(ii) Thorough inspections of chains in use shall be made quarterly
to detect wear, defective welds, deformation or increase in length or
stretch. The month of inspection shall be shown on each chain by color
of paint on a link or by other equally effective means.
(iii) Chains shall be removed from service when maximum allowable
wear, as indicated in table 4B of appendix II to this part, is reached
at any point of a link.
(iv) Chain slings shall be removed from service when stretch has
increased the length of a measured section by more than 5 percent; when
a link is bent, twisted or otherwise damaged; or when a link has a
raised scarf or defective weld.
(v) Only designated persons shall inspect chains used for slinging
and hoisting.
(4) Chains shall only be repaired by a designated person. Links or
portions of a chain defective under any of the criteria of paragraph
(h)(3)(iv) of this section shall be replaced with properly dimensioned
links or connections of material similar to that of the original chain.
Before repaired chains are returned to service, they shall be tested to
the proof test load recommended by the manufacturer for the original
chain. Tests shall be done by the manufacturer or shall be certified by
an agency accredited for the purpose under part 1919 of this chapter.
Test certificates shall be available for inspection.
(5)(i) Wrought iron chains in constant use shall be annealed or
normalized at intervals not exceeding six months. Heat treatment
certificates shall be available for inspection. Alloy chains shall not
be annealed.
(ii) Any part of a lifting appliance or item of loose gear installed
after January 21, 1998 shall not be manufactured of wrought iron.
(6) Kinked or knotted chains shall not be used for lifting. Chains
shall not be shortened by bolting, wiring or knotting. Makeshift links
or fasteners such as wire, bolts or rods shall not be used.
(7) Hooks, rings, links and attachments affixed to sling chains
shall have rated capacities at least equal to those of the chains to
which they are attached.
(8) Chain slings shall bear identification of size, grade and rated
capacity.
(i) Shackles. (1) If the manufacturers' recommended safe working
loads for shackles are available, they shall not be exceeded. If the
manufacturers' recommendations are not available, table 5 of appendix II
to this part shall apply.
(2) Screw pin shackles provided by the employer and used aloft,
except in cargo hook assemblies, shall have their pins positively
secured.
(j) Hooks other than hand hooks. (1) The manufacturer's recommended
safe working loads for hooks shall not be exceeded. Hooks other than
hand hooks shall be tested before initial use in accordance with the
provisions of Sec. 1919.31 (a), (c), and (d) of this chapter.
Exception: Manufacturers' test certificates indicating performance to
the criteria in Sec. 1919.31 (a), (c) and (d) of this chapter shall be
acceptable.
(2) Bent or sprung hooks shall be discarded.
(3) Teeth of case hooks shall be maintained in safe condition.
(4) Jaws of patent clamp-type plate hooks shall be maintained in
condition to grip plates securely.
(5) Loads shall be applied to the throat of the hook only.
(k) Pallets. (1) Pallets shall be made and maintained to support and
carry loads being handled safely. Fastenings of reusable pallets used
for hoisting shall be bolts and nuts, drive screws (helically threaded
nails), annular threaded nails or fastenings of equivalent holding
strength.
(2) Reusable wing or lip-type pallets shall be hoisted by bar
bridles or other suitable gear and shall have an overhanging wing or lip
of at least three inches (7.6 cm). They shall not be hoisted by wire
slings alone.
(3) Loaded pallets that do not meet the requirements of this
paragraph shall be hoisted only after being placed on pallets meeting
such requirements, or shall be handled by other means providing
equivalent safety.
(4) Bridles for handling flush end or box-type pallets shall be
designed to prevent disengagement from the pallet under load.
[[Page 287]]
(5) Pallets shall be stacked or placed to prevent falling,
collapsing or otherwise causing a hazard under standard operating
conditions.
(6) Disposable pallets intended only for one use shall not be reused
for hoisting.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
Sec. 1918.63 Chutes, gravity conveyors and rollers.
(a) Chutes shall be of adequate length and strength to support the
conditions of use, and shall be free of splinters and sharp edges.
(b) When necessary for the safety of employees, chutes shall be
equipped with sideboards to afford protection from falling objects.
(c) When necessary for the safety of employees, provisions shall be
made for stopping objects other than bulk commodities at the delivery
end of the chute.
(d) Chutes and gravity conveyor roller sections shall be firmly
placed and secured to prevent displacement, shifting, or falling.
(e) Gravity conveyors shall be of sufficient strength to support the
weight of materials placed upon them safely. Conveyor rollers shall be
installed in a way that prevents them from falling or jumping out of the
frame.
(f) Frames shall be kept free of burrs and sharp edges.
Sec. 1918.64 Powered conveyors.
(a) Emergency stop. Readily accessible stop controls shall be
provided for use in an emergency. Whenever the operation of any power
conveyor requires personnel to work close to the conveyor, the conveyor
controls shall not be left unattended while the conveyor is in
operation.
(b) Guarding. All conveyor and trimmer drives that create a hazard
shall be adequately guarded.
(c) Approved for location. Electric motors and controls on conveyors
and trimmers used to handle grain and exposed to grain dust shall be of
a type approved by a nationally recognized testing laboratory for use in
Class II, Division I locations. (See Sec. 1910.7 of this chapter.)
(d) Grain trimmer control box. Each grain trimmer shall have a
control box on the weather deck close to the spout feeding the trimmer.
(e) Grain trimmer power cable. Power cables between the deck control
box and the grain trimmer shall be used only in continuous lengths
without splice or tap between connections.
(f) Portable conveyors. Portable conveyors shall be stable within
their operating ranges. When used at variable fixed levels, the unit
shall be secured at the operating level.
(g) Delivery and braking. When necessary for the safety of
employees, provisions shall be made for braking objects at the delivery
end of the conveyor.
(h) Electric brakes. Conveyors using electrically released brakes
shall be constructed so that the brakes cannot be released until power
is applied and the brakes are automatically engaged if the power fails
or the operating control is returned to the ``stop'' position.
(i) Starting powered conveyors. Powered conveyors shall not be
started until all employees are clear of the conveyor or have been
warned that the conveyor is about to start up.
(j) Loading and unloading. The area around conveyor loading and
unloading points shall be kept clear of obstructions during conveyor
operations.
(k) Lockout/tagout. (1) Conveyors shall be stopped and their power
sources locked out and tagged out during maintenance, repair, and
servicing. If power is necessary for testing or for making minor
adjustments, power shall only be supplied to the servicing operation.
(2) The starting device shall be locked out and tagged out in the
stop position before an attempt is made to remove the cause of a jam or
overload of the conveying medium.
(l) Safe practices. (1) Only designated persons shall operate,
repair or service powered conveyors.
(2) The employer shall ensure that each employee stays off operating
conveyors.
(3) Conveyors shall be operated only with all overload devices,
guards and safety devices in place and operable.
[[Page 288]]
Sec. 1918.65 Mechanically powered vehicles used aboard vessels.
(a) Applicability. This section applies to every type of
mechanically powered vehicle used for material or equipment handling
aboard a vessel.
(b) General. (1) Modifications, such as adding counterweights that
might affect the vehicle's capacity or safety, shall not be done without
either the manufacturers' prior written approval or the written approval
of a registered professional engineer experienced with the equipment,
who has consulted with the manufacturer, if available. Capacity,
operation and maintenance instruction plates, tags or decals shall be
changed to conform to the equipment as modified.
(2) Rated capacities, with and without removable counterweights,
shall not be exceeded. Rated capacities shall be marked on the vehicle
and shall be visible to the operator. The vehicle weight, with and
without a counterweight, shall be similarly marked.
(3) If loads are lifted by two or more trucks working in unison, the
total weight shall not exceed the combined safe lifting capacity of all
trucks.
(c) Guards for fork lift trucks. (1) Except as noted in paragraph
(c)(5) of this section, fork lift trucks shall be equipped with overhead
guards securely attached to the machines. The guard shall be of such
design and construction as to protect the operator from boxes, cartons,
packages, bagged material, and other similar items of cargo that might
fall from the load being handled or from stowage.
(2) Overhead guards shall not obstruct the operator's view, and
openings in the top of the guard shall not exceed six inches (15.24 cm)
in one of the two directions, width or length. Larger openings are
permitted if no opening allows the smallest unit of cargo being handled
through the guard.
(3) Overhead guards shall be built so that failure of the vehicle's
mast tilting mechanism will not displace the guard.
(4) Overhead guards shall be large enough to extend over the
operator during all truck operations, including forward tilt.
(5) An overhead guard may be removed only when it would prevent a
truck from entering a work space and only if the operator is not exposed
to low overhead obstructions in the work space.
(6) Where necessary to protect the operator, fork lift trucks shall
be fitted with a vertical load backrest extension to prevent the load
from hitting the mast when the mast is positioned at maximum backward
tilt. For this purpose, a ``load backrest extension'' means a device
extending vertically from the fork carriage frame to prevent raised
loads from falling backward.
(d) Guards for bulk cargo-moving vehicles. (1) Every crawler type,
rider operated, bulk cargo-moving vehicle shall be equipped with an
operator's guard of such design and construction as to protect the
operator, when seated, against injury from contact with a projecting
overhead hazard.
(2) Overhead guards and their attachment points shall be so designed
as to be able to withstand, without excessive deflection, a load applied
horizontally at the operator's shoulder level equal to the drawbar pull
of the machine.
(3) Overhead guards are not required when the vehicle is used in
situations in which the seated operator cannot contact projecting
overhead hazards.
(4) After July 26, 1999, bulk cargo-moving vehicles shall be
equipped with rollover protection of such design and construction as to
prevent the possibility of the operator being crushed because of a
rollover or upset.
(e) Approved trucks. (1) ``Approved power-operated industrial
truck'' means one listed as approved for the intended use or location by
a nationally recognized testing laboratory (see Sec. 1910.7 of this
chapter).
(2) Approved power-operated industrial trucks shall bear a label or
other identification indicating testing laboratory approval.
(3) When the atmosphere in an area is hazardous (see Sec. 1918.2
and Sec. 1918.93), only approved power-operated industrial trucks shall
be used.
(f) Maintenance. (1) Mechanically powered vehicles shall be
maintained in safe working order. Safety devices shall not be removed or
made inoperative except where permitted in this section. Vehicles with a
fuel system
[[Page 289]]
leak or any other safety defect shall not be operated.
(2) Braking systems or other mechanisms used for braking shall be
operable and in safe condition.
(3) Replacement parts whose function might affect operational safety
shall be equivalent in strength and performance capability to the
original parts that they replace.
(4) Repairs to the fuel and ignition systems of mechanically powered
vehicles that involve fire hazards shall be conducted only in locations
designated as safe for such repairs.
(5) Batteries on all mechanically powered vehicles shall be
disconnected during repairs to the primary electrical system except when
power is necessary for testing and repair. On vehicles equipped with
systems capable of storing residual energy, that energy shall be safely
discharged before work on the primary electrical system begins.
(6) Only designated persons shall do maintenance and repair.
(g) Parking brakes. All mechanically powered vehicles purchased
after January 21, 1998, shall be equipped with parking brakes.
(h) Operation. (1) Only stable and safely arranged loads within the
rated capacity of the mechanically powered vehicle shall be handled.
(2) The employer shall require drivers to ascend and descend grades
slowly.
(3) If the load obstructs the forward view, the employer shall
require drivers to travel with the load trailing.
(4) Steering knobs shall not be used unless the vehicle is equipped
with power steering.
(5) When mechanically powered vehicles use cargo lifting devices
that have a means of engagement hidden from the operator, a means shall
be provided to enable the operator to determine that the cargo has been
engaged.
(6) No load on a mechanically powered vehicle shall be suspended or
swung over any employee.
(7) When mechanically powered vehicles are used, provisions shall be
made to ensure that the working surface can support the vehicle and
load, and that hatch covers, truck plates, or other temporary surfaces
cannot be dislodged by movement of the vehicle.
(8) When mechanically powered vehicles are left unattended, load-
engaging means shall be fully lowered, controls neutralized, brakes set
and power shut off. Wheels shall be blocked or curbed if the vehicle is
on an incline.
(9) When lift trucks or other mechanically powered vehicles are
being operated on open deck-type barges, the edges of the barges shall
be guarded by railings, sideboards, timbers, or other means sufficient
to prevent vehicles from rolling overboard. When such vehicles are
operated on covered lighters where door openings other than those being
used are left open, means shall be provided to prevent vehicles from
rolling overboard through such openings.
(10) Unauthorized personnel shall not ride on mechanically powered
vehicles. A safe place to ride shall be provided when riding is
authorized.
(11) An employee may be elevated by fork lift trucks only when a
platform is secured to the lifting carriage or forks. The platform shall
meet the following requirements:
(i) The platform shall have a railing complying with Sec.
1917.112(c) of this chapter.
(ii) The platform shall have toeboards complying with Sec.
1917.112(d) of this chapter, if tools or other objects could fall on
employees below.
(iii) When the truck has controls elevated with the lifting
carriage, means shall be provided for employees on the platform to shut
off power to the vehicle.
(iv) Employees on the platform shall be protected from exposure to
moving truck parts.
(v) The platform floor shall be skid resistant.
(vi) An employee shall be at the truck's controls whenever employees
are elevated.
(vii) While an employee is elevated, the truck may be moved only to
make minor adjustments in placement.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
Sec. 1918.66 Cranes and derricks other than vessel's gear.
(a) General. The following requirements shall apply to the use of
cranes and derricks brought aboard vessels for conducting longshoring
operations.
[[Page 290]]
They shall not apply to cranes and derricks forming part of a vessel's
permanent equipment.
(1) Certification. Cranes and derricks shall be certificated in
accordance with part 1919 of this chapter.
(2) Posted weight. The crane weight shall be posted on all cranes
hoisted aboard vessels for temporary use.
(3) Rating chart. All cranes and derricks having ratings that vary
with boom length, radius (outreach) or other variables shall have a
durable rating chart visible to the operator, covering the complete
range of the manufacturers' (or design) capacity ratings. The rating
chart shall include all operating radii (outreach) for all permissible
boom lengths and jib lengths, as applicable, with and without
outriggers, and alternate ratings for optional equipment affecting such
ratings. Precautions or warnings specified by the owner or manufacturer
shall be included along with the chart.
(4) Rated loads. The manufacturers' (or design) rated loads for the
conditions of use shall not be exceeded.
(5) Change of rated loads. Designated working loads shall not be
increased beyond the manufacturers' ratings or original design
limitations unless such increase receives the manufacturers' approval.
When the manufacturers' services are not available or where the
equipment is of foreign manufacture, engineering design analysis shall
be done or approved by a person accredited for certificating the
equipment under part 1919 of this chapter. Engineering design analysis
shall be done by a registered professional engineer competent in the
field of cranes and derricks. Any structural changes required by the
change in rating shall be carried out.
(6) Radius indicator. When the rated load varies with the boom
radius, the crane or derrick shall be fitted with a boom angle or radius
indicator visible to the operator.
(7) Operator's station. The cab, controls and mechanism of the
equipment shall be so arranged that the operator has a clear view of the
load or signalman, when one is used. Cab glass, when used, shall be
safety plate glass or equivalent. Cranes with missing, broken, cracked,
scratched, or dirty glass (or equivalent), that impairs operator vision
shall not be used. Clothing, tools, and equipment shall be stored so as
not to interfere with access, operation, and the operator's view.
(8) Counterweights or ballast. Cranes shall be operated only with
the specified type and amount of ballast or counterweights. Ballast or
counterweights shall be located and secured only as provided in the
manufacturers' or design specifications, which shall be available for
inspection.
(9) Outriggers. Outriggers shall be used according to the
manufacturers' specifications or design data, which shall be available
for inspection. Floats, when used, shall be securely attached to the
outriggers. Wood blocks or other support shall be of sufficient size to
support the outrigger, free of defects that may affect safety, and of
sufficient width and length to prevent the crane from shifting or
toppling under load.
(10) Exhaust gases. Engine exhaust gases shall be discharged away
from crane operating personnel.
(11) Electrical/Guarding. Electrical equipment shall be so placed or
enclosed that live parts will not be exposed to accidental contact.
Designated persons may work on energized equipment only if necessary
during inspection, maintenance, or repair; otherwise the equipment shall
be stopped and its power source locked out and tagged out.
(12) Fire extinguisher. (i) At least one portable approved or listed
fire extinguisher of at least a 5-B:C rating or equivalent shall be
accessible in the cab of the crane or derrick.
(ii) No portable fire extinguisher using carbon tetrachloride or
chlorobromomethane extinguishing agents shall be used.
(13) Rope on drums. At least three full turns of rope shall remain
on ungrooved drums, and two turns on grooved drums, under all operating
conditions. Wire rope shall be secured to drums by clamps, U-bolts,
shackles or equivalent means. Fiber rope fastenings are prohibited.
(14) Brakes. (i) Each independent hoisting unit of a crane shall be
equipped with at least one holding
[[Page 291]]
brake, applied directly to the motor shaft or gear train.
(ii) Each independent hoisting unit of a crane shall, in addition to
the holding brake, be equipped with a controlled braking means to
control lowering speeds.
(iii) Holding brakes for hoist units shall have not less than the
following percentage of the rated load hoisting torque at the point
where the brake is applied:
(A) 125 percent when used with an other than mechanically controlled
braking means;
(B) 100 percent when used with a mechanically controlled braking
means; or
(C) 100 percent when two holding brakes are provided.
(iv) All power control braking means shall be capable of maintaining
safe lowering speeds of rated loads.
(15) Operating controls. Crane and derrick operating controls shall
be clearly marked, or a chart showing their function shall be posted at
the operator's position.
(16) Booms. Cranes with elevatable booms and without operable
automatic limiting devices shall be provided with boom stops if boom
elevation can exceed maximum design angles from the horizontal.
(17) Foot pedals. Foot pedals shall have a non-skid surface.
(18) Access. Ladders, stairways, stanchions, grab irons, foot steps
or equivalent means shall be provided as necessary to ensure safe access
to footwalks, cab platforms, the cab and any portion of the
superstructure that employees must reach.
(b) Operations--(1) Use of cranes together. When two or more cranes
hoist a load in unison, a designated person shall direct the operation
and instruct personnel in positioning, rigging of the load and movements
to be made.
(2) Guarding of swing radius. Accessible areas within the swing
radius of the body of a revolving crane shall be physically guarded
during operations to prevent an employee from being caught between the
body of the crane and any fixed structure or between parts of the crane.
(3) Prohibited usage. (i) Equipment shall not be used in a way that
exerts side loading stresses upon the crane or derrick boom.
(ii) No crane or derrick having a visible or known defect that may
affect safe operation shall be used.
(4) Unattended cranes. The following steps shall be taken before
leaving a crane unattended between work periods:
(i) Suspended loads, such as those hoisted by lifting magnets or
clamshell buckets, shall be landed unless the storage position or
maximum hoisting of the suspended device will provide equivalent safety;
(ii) Clutches shall be disengaged;
(iii) The power supply shall be shut off;
(iv) The crane shall be secured against accidental travel; and
(v) The boom shall be lowered or secured against movement.
(c) Protection for employees being hoisted. (1) No employee shall be
hoisted by the load hoisting apparatus of a crane or derrick except on a
platform meeting the following requirements:
(i) Enclosed by a railing or other means providing protection
equivalent to that described in Sec. 1917.112(c) of this chapter;
(ii) Fitted with toe boards if the platform has open railings;
(iii) A safety factor of four based on ultimate strength;
(iv) Bearing a plate or permanent marking indicating maximum load
rating, which shall not be exceeded, and the weight of the platform
itself;
(v) Equipped with a device to prevent access doors, when used, from
opening accidentally;
(vi) Equipped with overhead protection for employees on the platform
if they are exposed to falling objects or overhead hazards; and
(vii) Secured to the load line by means other than wedge and socket
attachments, unless the free (bitter) end of the line is secured back to
itself by a clamp placed as close above the wedge as possible.
(2) Except in an emergency, the hoisting mechanism of all cranes or
derricks used to hoist personnel shall operate only in power up and
power down, with automatic brake application when not hoisting or
lowering.
[[Page 292]]
(3) All cranes and derricks used to hoist personnel shall be
equipped with an anti-two-blocking device.
(4) Variable radius booms of a crane or derrick used to hoist
personnel shall be so constructed or secured as to prevent accidental
boom movement.
(5) Platforms or devices used to hoist employees shall be inspected
for defects before each day's use and shall be removed from service if
defective.
(6) Employees being hoisted shall remain in continuous sight of and
communication with the operator or signalman.
(7) Operators shall remain at the controls when employees are
hoisted.
(8) Cranes shall not travel while employees are hoisted, except in
emergencies or in normal tier-to-tier transfer of employees during
container operations.
(d) Routine inspection. (1) Designated persons shall visually
inspect each crane and derrick on each day of use for defects in
functional operating components and shall report any defect found to the
employer. The employer shall inform the operator of the result of the
inspection.
(2) A designated person shall thoroughly inspect all functional
components and accessible structural features of each crane or device at
monthly intervals.
(3) Any defects found during such inspections that may create a
safety hazard shall be corrected before further equipment use. Repairs
shall be done only by designated persons.
(4) A record of each monthly inspection shall be maintained for six
months in or on the crane or derrick or at the terminal.
(e) Protective devices. (1) When exposed moving parts such as gears,
chains and chain sprockets present a hazard to employees during crane
and derrick operations, those parts shall be securely guarded.
(2) Crane hooks shall be latched or otherwise secured to prevent
accidental load disengagement.
(f) Load-indicating devices. (1) Unless exempted by the provisions
of paragraph (f)(1)(viii) of this section, every crane used to load or
discharge cargo into or out of a vessel shall be fitted with a load-
indicating device or alternative device in proper working condition that
shall meet the following criteria:
(i) The type or model of any load-indicating device used shall be
such as to provide:
(A) A direct indication in the cab of actual weight hoisted or a
means of determining this by reference to crane ratings posted and
visible to the operator, except that the use of a dynamometer or simple
scale alone will not meet this requirement; or
(B) An automatic weight-moment device (e.g., a computer) providing
indications in the cab according to the radius and load at the moment;
or
(C) A device that will prevent an overloaded condition.
(ii) The accuracy of the load-indicating device, weight-moment
device, or overload protection device shall be such that any indicated
load (or limit), including the sum of actual weight hoisted and
additional equipment or ``add ons'' such as slings, sensors, blocks,
etc., is within the range between 95 percent (5 percent underload) and
110 percent (10 percent overload) of the actual true total load. Such
accuracy shall be required over the range of daily operating variables
reasonably anticipated under the conditions of use.
(iii) The device shall enable the operator to decide before making
any lift that the load indicating device or alternative device is
operative. In the alternative, if the device is not so mounted or
attached and does not include such means of checking, it shall be
certified by the manufacturer to remain operative for a specific time.
The device shall be checked for accuracy, using known values of the
load, at the time of every certification survey (see Sec. 1918.11) and
at such additional times as may be recommended by the manufacturer.
(iv) When the load indicating device or alternative device is so
arranged in the supporting system (crane structure) that its failure
could cause the load to be dropped, its strength shall not be the
limiting factor of the supporting system (crane structure).
(v) Units of measure in pounds or both pounds and kilograms (or
other
[[Page 293]]
indicators of measurement, such as colored indicator lights), capacity
of the indicating system, accuracy of the indicating system, and
operating instructions and precautions shall be conspicuously marked. If
the system used provides no readout but automatically ceases crane
operation when the rated load limit is reached under any specific
condition of use, the marking shall provide the make and model of the
device installed, a description of what it does, how it is operated, and
any necessary precautions regarding the system. All of these markings
shall be readily visible to the operator.
(vi) All load indicating devices shall operate over the full
operating radius. Overall accuracy shall be based on actual applied
loads and not on full scale (full capacity) load.
Note to paragraph (f)(1)(vi): If the accuracy of the load indicating
device is based on full scale loads and the device is arbitrarily set at
plus or minus 10 percent, it would accept a reading between 90,000 and
110,000 lbs. at full capacity for a machine with a maximum rating of
100,000 lbs. but would also show a reading of between zero and 20,000
lbs. at that outreach (radius) at which the load would be 10,000 lbs.;
this is clearly unacceptable. If, however, the accuracy of the device is
based on actual applied loads under the same conditions, the acceptable
range would remain the same with the 100,000-lb. load but would show a
figure between 9,000 and 11,000 lbs. at the 10,000-lb. load; this is an
acceptable reading.
(vii) When a load-indicating device uses the radius as a factor in
its use or in its operating indications, the indicated radius (which may
be in feet and/or meters, or degrees of boom angle, depending on the
system used) shall be within the range between 97 percent and 110
percent of the actual (true) radius. When radius is presented in
degrees, and feet or meters are required for necessary determinations, a
conversion chart shall be provided.
(viii) The load indicating device requirements of this paragraph do
not apply to a crane:
(A) Of the trolley equipped bridge type while handling containers
known to be and identified as empty, or loaded, and in either case
according to the provisions of Sec. 1918.85(b) of this part, or while
hoisting other lifts by means of a lifting beam supplied by the crane
manufacturer for the purpose and in all cases within the crane rating;
(B) While handling bulk commodities or cargoes by means of clamshell
bucket or magnet;
(C) While used to handle or hold hoses in connection with transfer
of bulk liquids, or other hose-handled products; or
(D) While the crane is used exclusively to handle cargo or equipment
whose total actual gross weight is marked on the unit or units hoisted,
and the total actual gross weight never exceeds 11,200 lbs., and the
load is less than the rated capacity of the crane at the maximum
outreach possible at the time.
(2) [Reserved]
[62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000]
Sec. 1918.67 Notifying the ship's officers before using certain
equipment.
(a) The employer shall notify the officer in charge of the vessel
before bringing aboard ship internal combustion or electric powered
tools, equipment or vehicles.
(b) The employer shall also notify the officer in charge of the
vessel before using the ship's electric power for the operation of any
electric tools or equipment.
Sec. 1918.68 Grounding.
The frames of portable electrical equipment and tools, other than
double insulated tools and battery operated tools, shall be grounded
through a separate equipment conductor run with or enclosing the circuit
conductors.
Sec. 1918.69 Tools.
(a) General. Employers shall not issue or permit the use of visibly
unsafe tools.
(b) Portable electric tools. (1) Portable hand-held electric tools
shall be equipped with switches of a type that must be manually held in
a closed position in order to operate the tool.
(2) All portable, power-driven circular saws shall be equipped with
guards above and below the base plate or shoe. The upper guard shall
cover the saw to the depth of the teeth, except for the minimum arc
required to permit the base to be tilted for bevel
[[Page 294]]
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.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Sec. Sec. 1918.70-1918.80 [Reserved]
Subpart H_Handling Cargo
Sec. 1918.81 Slinging.
(a) Drafts shall be safely slung before being hoisted. Loose dunnage
or debris hanging or protruding from loads shall be removed.
(b) Cargo handling bridles, such as pallet bridles, which are to
remain attached to the hoisting gear while hoisting successive drafts,
shall be attached by shackles, or other positive means shall be taken to
prevent them from being accidentally disengaged from the cargo hook.
(c) Drafts of lumber, pipe, dunnage and other pieces, the top layer
of which is not bound by the sling, shall be slung in a way that
prevents sliders. Double slings shall be used on unstrapped dunnage,
unless, due to the size of hatch or deep tank openings, using them is
impracticable.
(d) Case hooks shall be used only with cases designed to be hoisted
by these hooks.
(e) Bales of cotton, wool, cork, wood pulp, gunny bags or similar
articles shall not be hoisted by straps unless the straps are strong
enough to support the weight of the bale. At least two hooks, each in a
separate strap, shall be used.
(f) Unitized loads bound by bands or straps may be hoisted by the
banding or strapping only if the banding or strapping is suitable for
hoisting and is strong enough to support the weight of the load.
(g) Additional means to maintain the unitized loads during hoisting
shall be employed to ensure safe lifting of such loads having damaged
banding or strapping.
(h) Loads requiring continuous manual guidance during handling shall
be guided by guide ropes (tag lines) that are long enough to control the
load.
(i) No draft shall be hoisted unless the winch or crane operator(s)
can clearly see the draft itself or see the signals of a signalman who
is observing the draft's movement.
(j) Intermodal containers shall be handled in accordance with Sec.
1918.85.
(k) The employer shall require that employees stay clear of the area
beneath overhead drafts or descending lifting gear.
(l) The employer shall not permit employees to ride the hook or the
load, except as provided for in Sec. 1918.85(g).
Sec. 1918.82 Building drafts.
(a) Drafts shall be built or means shall be taken to prevent cargo
from falling from them.
(b) Buckets and tubs used in handling bulk or frozen cargo shall not
be loaded above their rims.
Sec. 1918.83 Stowed cargo; tiering and breaking down.
(a) When necessary to protect personnel working in a hold, the
employer shall secure or block stowed cargo that is likely to shift or
roll.
(b) In breaking down stowed cargo, precautions shall be taken to
prevent remaining cargo from falling.
(c) Employees trimming bulk cargo shall be checked in and out by the
job boss. Before securing any reefer compartment, a check shall be made
to ensure that no employee remains inside. Frequent checks shall be made
to ensure the safety of any employee working alone in a tank or cargo
compartment.
Sec. 1918.84 Bulling cargo.
(a) Bulling cargo shall be done with the bull line led directly from
the heel block. However, bulling may be done from the head of the boom
when the nature of the cargo and the surface over which it is dragged
are such that the load cannot be stalled, or when the winch actually
does not have sufficient strength, with the purchase used, to overload
the boom.
(b) Snatch blocks shall be used to provide a fair lead for the bull
line to avoid unnecessary dragging of the bull
[[Page 295]]
line against coamings and obstructions.
(c) Snatch blocks shall not be used with the point of the hook
resting on the flange of a beam, but shall be hung from padeyes, straps,
or beam clamps. Snatch blocks or straps shall not be made fast to batten
cleats or other insecure fittings.
(d) Beam frame clamps shall be so secured as to prevent their
slipping, falling, or being pulled from their stationary attachment.
(e) Falls led from cargo booms of vessels shall not be used to move
scows, lighters or railcars.
Sec. 1918.85 Containerized cargo operations.
(a) Container markings. Every intermodal container shall be legibly
and permanently marked with:
(1) The weight of the container when empty, in pounds;
(2) The maximum cargo weight the container is designed to carry, in
pounds; and
(3) The sum of the weight of the container and the maximum cargo
weight, in pounds.
(b) Container weight. No container shall be hoisted by any lifting
appliance unless the following conditions have been met:
(1) The employer shall determine from the carrier whether a
container to be hoisted is loaded or empty. Before loading or
discharging, empty containers shall be identified in a manner that will
inform every supervisor and job boss on the site and in charge of
loading or discharging, or every crane or other hoisting equipment
operator and signalman, that such container is empty. Methods of
identification may include cargo plans, manifests, or markings on the
container.
(2) For a loaded container:
(i) The actual gross weight shall be plainly marked and visible to
the crane or other hoisting equipment operator or signalman, or to every
supervisor or job boss on site and in charge of the operation; or
(ii) The cargo stowage plan or equivalent permanently recorded
display serving the same purpose, containing the actual gross weight and
the serial number or other positive identification of that specific
container, shall be provided to the crane or other hoisting equipment
operator and signalman, and to every supervisor and job boss on site and
in charge of the operation.
(3) Every outbound container received at a marine terminal ready to
load aboard a vessel without further consolidation or loading shall be
weighed to obtain the actual gross weight, either at the terminal or
elsewhere, before being hoisted.
(4)(i) When container weighing scales are found at a marine
terminal, any outbound container with a load consolidated at that
terminal shall be weighed to obtain the actual weight before being
hoisted.
(ii) If the terminal has no scales, the actual gross weight may be
calculated from the container's contents and the container's empty
weight. The weights used in the calculation shall be posted
conspicuously on the container, with the name of the person making the
calculation, and the date.
(5) Open top vehicle-carrying containers, and those built
specifically and used solely for the carriage of compressed gases, are
excepted from paragraphs (b)(3) and (b)(4) of this section.
(6) Closed dry van containers carrying vehicles are exempted from
paragraph (b)(4) of this section if:
(i) The container carries only completely assembled vehicles and no
other cargo;
(ii) The container is marked on the outside so that an employee can
readily discern that the container is carrying vehicles; and
(iii) The vehicles were loaded into the container at the marine
terminal.
(7) The weight of loaded inbound containers from foreign ports shall
be determined by weighing, by the method of calculation described in
paragraph (b)(4)(ii) of this section or by shipping documents.
(8) Any scale used within the United States to weigh containers for
the requirements of this section shall meet the accuracy standards of
the state or local public authority in which the scale is found.
(c) Overloaded containers. No container shall be hoisted if its
actual gross weight exceeds the weight marked as required in paragraph
(a)(3)
[[Page 296]]
of this section, or it exceeds the capacity of the lifting appliance.
(d) Container inspection. (1) Prior to hoisting, each container
shall be inspected for any visible defects in structural members and
fittings that would make the handling of such container unsafe.
(2) Any container found to have such a defect shall either be
handled by a special means to ensure safe handling or shall be emptied
before handling.
(e) Suspended containers. The employer shall prohibit employees from
working beneath a suspended container.
(f) Lifting fittings. Containers shall be handled using lifting
fittings or other arrangements suitable and intended for the purpose as
set forth in paragraphs (f)(1) and (f)(2) of this section, unless damage
to an intermodal container makes special means of handling necessary.
(1) Loaded intermodal containers. Loaded intermodal containers of 20
feet (6.1 m) or more shall be hoisted as follows:
(i) When hoisting containers by the top fittings, the lifting forces
shall be applied vertically from at least four such fittings. A less
than vertical lift is permitted only under the following conditions:
(A) The container being lifted is an ISO ``closed box container'';
(B) The condition of the box is sound;
(C) The speed of hoisting and lowering is moderated when heavily
ladened containers \5\ are encountered;
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\5\ A heavily laden container is one that is loaded to within 20
percent of its rated capacity.
---------------------------------------------------------------------------
(D) The lift angle is at 80 to 90 degrees;
(E) The distance between the lifting beam and the load is at least 8
feet, 2.4 inches (2.5 m); and
(F) The length of the spreader beam is at least 16.3 feet (5 m) for
a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot
container.
(ii) When hoisting containers from bottom fittings, the hoisting
connections shall bear on the fittings only, making no other contact
with the container. The angles of the four bridle legs shall not be less
than 30 degrees to the horizontal for 40-foot (12.19 m) containers; 37
degrees for 30-foot (9.14 m) containers; and 45 degrees for 20-foot (6.1
m) containers.
(iii) Lifting containers by fork lift trucks or grappling arms from
above or from one side may be done only if the container is designed for
this type of handling.
(iv) Other means of hoisting may be used only if the containers and
hoisting means are designed for such use.
(2) Intermodal container spreaders. (i) When using intermodal
container spreaders that employ lanyards for activation and load
disengagement, all possible precautions shall be taken to prevent
accidental release of the load.
(ii) Intermodal container spreaders that utilize automatic twist
lock systems shall be designed and used so that a suspended load cannot
accidentally be released.
(g) Safe container top access. A safe means of access shall be
provided for each employee required to work on the top of an intermodal
container. Unless ladders are used for access, such means shall comply
with the requirements of Sec. 1917.45(j) of this chapter.
(h) Employee hoisting prohibition. Employees shall not be hoisted on
intermodal container spreaders while a load is engaged.
(i) Portable ladder access. When other safer means are available,
portable ladders shall not be used in gaining access to container stacks
more than two containers high.
(j) Fall protection--(1) Containers being handled by container
gantry cranes. (i) After July 26, 1999, where a container gantry crane
is being used to handle containers, the employer shall ensure that no
employee is on top of a container. Exception: An employee may be on top
of a container only to perform a necessary function that cannot be
eliminated by the use of positive container securing devices. \6\
---------------------------------------------------------------------------
\6\ Examples of work that may not be eliminated by positive
container securing devices and that may require employees to work on top
of containers include, but are not limited to: installing or removing
bridge clamps; hooking up or detaching over-height containers; or
freeing a jammed semi-automatic twist lock.
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[[Page 297]]
(ii) After July 26, 1999, the employer shall ensure that positive
container securing devices, such as semi-automatic twist locks and above
deck cell guides, are used wherever container gantry cranes are used to
hoist containers.
(iii) The employer shall ensure that each employee on top of a
container is protected from fall hazards by a fall protection system
meeting the requirements of paragraph (k) of this section.
(2) Containers being handled by other hoisting devices. Where
containers are being handled by hoisting devices other than container
gantry cranes, the employer shall ensure that each employee on top of a
container is protected by a fall protection system meeting the
requirements of paragraph (k) of this section.
(3) Other exposure to fall hazards. The employer shall ensure that
each employee exposed to a fall hazard is protected by a fall protection
system meeting the requirements of paragraph (k) of this section.
Exception: Where the employer can demonstrate that fall protection for
an employee would be infeasible or create a greater hazard due to vessel
design, container design, container storage, other cargo stowage,
container handling equipment, lifting gear, or port conditions, the
employer shall alert the affected employee about the fall hazard and
instruct the employee in ways to minimize exposure to that hazard.
(k) Fall protection systems. When fall protection systems required
by paragraph (j) of this section are employed, the following shall
apply:
(1) Each fall protection system component, except anchorages, shall
have fall arrest/restraint as its only use.
(2) Each fall protection system subjected to impact loading shall be
immediately withdrawn from service and not be used again until inspected
and determined by a designated person to be undamaged and suitable for
use.
(3) Each fall protection system shall be rigged so that a falling
employee cannot contact any lower level stowage or vessel structure.
(4) Each fall protection system adopted for use shall have an energy
absorbing mechanism that will produce an arresting force on an employee
of not greater than 1800 pounds (8 kN).
(5) Each component of a fall protection system shall be designed and
used to prevent accidental disengagement.
(6) Each fall protection system's fixed anchorages shall be capable
of sustaining a force of 5,000 pounds (22.2 kN) or be certified as
capable of sustaining at least twice the potential impact load of an
employee's fall. Such certification must be made by a qualified person.
\7\ When more than one employee is attached to an anchorage, these
limits shall be multiplied by the number of employees attached.
---------------------------------------------------------------------------
\7\ For the purposes of this paragraph, qualified person means one
with a recognized degree or professional certificate and extensive
knowledge and experience in the subject field who is capable of design,
analysis, evaluation and specifications in the subject work, project, or
product.
---------------------------------------------------------------------------
(7) When ``live'' (activated) container gantry crane lifting beams
or attached devices are used as anchorage points, the following
requirements apply:
(i) The crane shall be placed into a ``slow'' speed mode;
(ii) The crane shall be equipped with a remote shut-off switch that
can stop trolley, gantry, and hoist functions and that is in the control
of the employee(s) attached to the beam; and
(iii) A visible or audible indicator shall be present to alert the
exposed employee(s) when the remote shut-off is operational.
(8) Fall protection system components, other than the anchorages,
shall be certified as a unit of being capable of sustaining at least
twice the potential impact load of an employee's fall. Such
certification shall be made by a qualified person. \8\
---------------------------------------------------------------------------
\8\ For the purposes of this paragraph, qualified person means one
with a recognized degree or professional certificate and extensive
knowledge and experience in the subject field who is capable of design,
analysis, evaluation and specifications in the subject work, project, or
product.
---------------------------------------------------------------------------
(9) Each fall protection system shall incorporate the use of a full
body harness.
(10) Each device, such as a safety cage, used to transport an
employee(s) by being attached to a container gantry crane spreader,
shall have a secondary means to prevent accidental disengagement and the
secondary means shall be engaged.
[[Page 298]]
(11) Each fall protection system shall be inspected before each
day's use by a designated person. Any defective components shall be
removed from service.
(12) Before using any fall protection system, the employee shall be
trained in the use and application limits of the equipment, proper
hookup, anchoring and tie-off techniques, methods of use, and proper
methods of equipment inspection and storage.
(13) The employer shall establish and implement a procedure to
retrieve personnel safely in case of a fall.
(l) Working along unguarded edges. The employer shall provide, and
ensure that the employee use, fall protection meeting the requirements
of paragraph (k) of this section whenever the employee works along an
unguarded edge where a fall hazard exists (see Sec. 1918.2).
(m) Vertical tandem lifts. Operations involving the lifting of two
or more intermodal containers by the top container shall be performed
following Sec. 1917.71(i) and (k)(1) of this chapter.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000;
73 FR 75290, Dec. 10, 2008]
Sec. 1918.86 Roll-on roll-off (Ro-Ro) operations (see also Sec.
1918.2, Ro-Ro operations, and Sec. 1918.25).
---------------------------------------------------------------------------
\9\ [Reserved]
---------------------------------------------------------------------------
(a) Traffic control system. An organized system of vehicular and
pedestrian traffic control shall be established and maintained at each
entrance/exit ramp and on ramps within the vessel as traffic flow
warrants.
(b) Ramp load limit. Each ramp shall be plainly marked with its load
capacity. The marked capacity shall not be exceeded.
(c) Pedestrian traffic. Bow, stern, and side port ramps also used
for pedestrian access shall meet the requirements of Sec. 1918.25. Such
ramps shall provide a physical separation between pedestrian and
vehicular routes. When the design of the ramp prevents physical
separation, a positive means shall be established to prevent
simultaneous use of the ramp by vehicles and pedestrians.
(d) Ramp maintenance. Ramps shall be properly maintained and
secured.
(e) Hazardous routes. Before the start of Ro-Ro operations, the
employer shall identify any hazardous routes or areas that could be
mistaken for normal drive-on/drive-off routes. Such hazardous routes
shall be clearly marked and barricaded.
(f) Air brake connections. Each tractor shall have all air lines
connected when pulling trailers equipped with air brakes and shall have
the brakes tested before commencing operations.
(g) Trailer load limits. After July 27, 1998, flat bed and low boy
trailers shall be marked with their cargo capacities and shall not be
overloaded.
(h) Cargo weights. Cargo to be handled via a Ro-Ro ramp shall be
plainly marked with its weight in pounds (kilograms). Alternatively, the
cargo stow plan or equivalent record containing the actual gross weight
of the load may be used to determine the weight of the cargo.
(i) Tractors. Tractors used in Ro-Ro operations shall have:
(1) Sufficient power to ascend ramp inclines safely; and
(2) Sufficient braking capacity to descend ramp inclines safely.
(j) Safe speeds. Power driven vehicles used in Ro-Ro operations
shall be operated at speeds that are safe for prevailing conditions.
(k) Ventilation. Internal combustion engine-driven vehicles shall be
operated only where adequate ventilation exists or is provided. (Air
contaminant requirements are found in Sec. 1918.94 and part 1910,
subpart Z, of this chapter.)
(l) Securing cargo. Cargo loaded or discharged during Ro-Ro
operations shall be secured to prevent sliding loads.
(m) Authorized personnel. Only authorized persons shall be permitted
on any deck while loading or discharging operations are being conducted.
Such authorized persons shall be equipped with high visibility vests (or
equivalent protection \10\).
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\10\ Decals on hard hats will not be considered equivalent
protection for the purposes of this paragraph.
Note to paragraph (m): High visibility vests or equivalent
protection means high visibility/retro-reflective materials which are
intended to make the user clearly visible by day through the use of high
visibility (fluorescent) material and in the dark by vehicle
[[Page 299]]
headlights through the use of retro-reflective material. For example, an
acceptable area of material for a vest or equivalent protection is .5
m\2\ (760 in.\2\) for fluorescent (background) material and .13m\2\ (197
in.\2\) for retro-reflective material. Vests or equivalent protection,
such as high visibility/retro-reflective coveralls, that are available
---------------------------------------------------------------------------
for industrial use, may also be acceptable.
(n) Vehicle stowage positioning. Drivers shall not drive vehicles,
either forward or backward, while any personnel are in positions where
they could be struck.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Sec. 1918.87 Ship's cargo elevators.
(a) Safe working load. The safe working loads of ship's cargo
elevators shall be determined and followed.
(b) Load distribution. Loads shall be evenly distributed and
maintained on the elevator's platform.
(c) Elevator personnel restrictions. Personnel shall not be
permitted to ride on the elevator's platform if a fall hazard exists.
(See Sec. 1918.2.)
(d) Open deck barricades. During elevator operation, each open deck
that presents a fall hazard to employees shall be effectively
barricaded.
Sec. 1918.88 Log operations.
(a) Working in holds. When loading logs into the holds of vessels
and using dumper devices to roll logs into the wings, the employer shall
ensure that employees remain clear of areas where logs being dumped
could strike, roll upon, or pin them.
(b) Personal flotation devices. Each employee working on a log boom
shall be protected by a personal flotation device meeting the
requirements of Sec. 1918.105(b)(2).
(c) Footwear. The employer shall provide each employee that is
working logs with appropriate footwear, such as spiked shoes or caulked
sandals, and shall ensure that each employee wears appropriate footwear
to climb or walk on logs.
(d) Lifelines. When employees are working on log booms or cribs,
lifelines shall be furnished and hung overside to the water's edge.
(e) Jacob's ladder. When a log boom is being worked, a Jacob's
ladder meeting the requirements of Sec. 1918.23 shall be provided for
each gang working alongside unless other safe means of access (such as
the vessel's gangway) is provided. However, no more than two Jacob's
ladders are required for any single log boom being worked.
(f) Life-ring. When working a log boom alongside a ship, a U.S.
Coast Guard approved 30-inch (76.2 cm) life-ring, with no less than 90
feet (27.4 m) of line, shall be provided either on the floating unit
itself or aboard the ship close to each floating unit being worked.
(g) Rescue boat. When employees are working on rafts or booms, a
rescue boat capable of effecting an immediate rescue shall be available.
Powered rescue boats are required when the current exceeds one knot.
(h) Log rafts. When an employee is working logs out of the water,
walking sticks \11\ (safety sticks) shall be provided as follows:
---------------------------------------------------------------------------
\11\ A ``walking stick'' is two logs bolted or otherwise secured
together with two or three planks firmly attached on top that serves as
a floating walking and working surface and that is used in the loading
of logs onto vessels from the water.
---------------------------------------------------------------------------
(1) They shall be planked and be no less than 24 inches (.61 m)
wide;
(2) They shall extend along the entire length of all rafts on the
side(s) of the vessel being worked, and to the means of access to the
log raft(s); and
(3) They shall be buoyant enough to keep the walking surface above
the waterline when employees are walking on them.
Sec. 1918.89 Handling hazardous cargo (See also Sec. 1918.2 and Sec.
1918.99).
Hazardous cargo shall be slung and secured so that neither the draft
nor individual packages can fall because of tipping of the draft or
slacking of the supporting gear.
Subpart I_General Working Conditions.
Sec. 1918.90 Hazard communication.
See Sec. 1918.1(b)(4).
[[Page 300]]
Sec. 1918.91 Housekeeping.
(a) General. Active work areas shall be kept free of equipment, such
as lashing gear, and materials not in use, and clear of debris,
projecting nails, strapping and other objects not necessary to the work
in progress.
(b) Slippery surfaces. The employer shall eliminate conditions
causing slippery walking and working surfaces in immediate areas used by
employees.
(c) Free movement of drafts. Dunnage shall not be placed at any
location where it interferes with the free movement of drafts.
(d) Dunnage height. Dunnage racked against sweat battens or
bulkheads shall not be used when the levels of such racks are above the
safe reach of employees.
(e) Coaming clearance. Dunnage, hatch beams, tarpaulins or gear not
in use shall be stowed no closer than three feet (.91 m) to the port and
starboard sides of the weather deck hatch coaming.
(f) Nails. (1) Nails that are protruding from shoring or fencing in
the work area shall be rendered harmless.
(2) Dunnage, lumber, or shoring material in which there are visibly
protruding nails shall be removed from the work area, or, if left in the
area, the nails shall be rendered harmless.
(g) Ice aloft. Employees shall be protected from ice that may fall
from aloft.
Sec. 1918.92 Illumination.
(a) Walking, working, and climbing areas. Walking, working, and
climbing areas shall be illuminated. Unless conditions described in the
regulations of the U.S. Coast Guard (33 CFR 154.570) exist for specific
operations, illumination for cargo transfer operations shall be of a
minimum light intensity of five foot-candles (54 lux). Where work tasks
require more light to be performed safely, supplemental lighting shall
be used.
(b) Intensity measurement. The lighting intensity shall be measured
at the task/working surface, in the plane in which the task/working
surface is present.
(c) Arrangement of lights. Lights shall be arranged so that they do
not shine into the eyes of winch-drivers, crane operators or hatch
tenders. On Ro-Ro ships, stationary lights shall not shine directly into
the eyes of drivers.
(d) Portable lights. Portable lights shall meet the following
requirements:
(1) Portable lights shall be equipped with substantial reflectors
and guards to prevent materials from coming into contact with the bulb.
(2) Flexible electric cords used with temporary lights shall be
designed by the manufacturer for hard or extra-hard usage. Temporary and
portable lights shall not be suspended by their electric cords unless
the cords and lights are designed for this means of suspension.
Connections and insulation shall be maintained in safe condition.
(3) Electric conductors and fixtures for portable lights shall be so
arranged as to be free from contact with drafts, running gear, and other
moving equipment.
(4) Portable cargo lights furnished by the employer for use aboard
vessels shall be listed as approved for marine use by the U.S. Coast
Guard or by a nationally recognized testing laboratory (see Sec.
1910.7).
(e) Entry into darkened areas. Employees shall not be permitted to
enter dark holds, compartments, decks or other spaces without a
flashlight or other portable light. The use of matches or open flames is
prohibited.
Sec. 1918.93 Hazardous atmospheres and substances (See also Sec.
1918.2).
(a) Purpose and scope. This section covers areas in which the
employer knows, or has reason to believe, that a hazardous atmosphere or
substance may exist, except where one or more of the following sections
apply: Sec. 1918.94(a), Carbon monoxide; Sec. 1918.94(b), Fumigated
grains; Sec. 1918.94(c), Fumigated tobacco; Sec. 1918.94(d), Other
fumigated cargoes; Sec. 1918.94(e), Catch of menhaden and similar
species of fish.
(b) Determination of the hazard. When the employer knows, or has
reason to believe, that a space on a vessel contains or has contained a
hazardous atmosphere, a designated and appropriately equipped person
shall test the atmosphere prior to employee entry to detect whether a
hazardous atmosphere exists.
[[Page 301]]
(c) Testing during ventilation. When mechanical ventilation is used
to maintain a safe atmosphere, tests shall be made by a designated
person to ensure that the atmosphere is not hazardous.
(d) Entry into hazardous atmospheres. Only designated persons shall
enter hazardous atmospheres, in which case the following provisions
shall apply:
(1) Persons entering a space containing a hazardous atmosphere shall
be protected by respiratory and emergency protective equipment meeting
the requirements of subpart J of this part;
(2) Persons entering a space containing a hazardous atmosphere shall
be instructed about the hazards, precautions to be taken, and the use of
protective and emergency equipment. Standby observers, similarly
equipped and instructed, shall continuously monitor the activity of
employees within such space;
(3) Except in emergency or rescue operations, employees shall not
enter any atmosphere identified as flammable or oxygen-deficient (less
than 19.5% oxygen). Persons who may be required to enter flammable or
oxygen-deficient atmospheres in emergency operations shall be instructed
in the dangers attendant to those atmospheres and be instructed in the
use of self-contained breathing apparatus which shall be used for entry.
(4) To prevent inadvertent employee entry into spaces identified as
having hazardous, flammable or oxygen-deficient atmospheres, appropriate
warning signs or equivalent means shall be posted at all means of access
to those spaces.
(e) Asbestos cargo leak. When the packaging of asbestos cargo leaks,
spillage shall be cleaned up by designated employees protected from the
harmful effects of asbestos as required by Sec. 1910.1001 of this
chapter.
Sec. 1918.94 Ventilation and atmospheric conditions (See also Sec.
1918.2, definitions of Hazardous cargo, materials, substance
or atmosphere and Ro-Ro operations).
(a) Ventilation with respect to carbon monoxide. (1) When internal
combustion engines exhaust into a hold, intermediate deck, or any other
compartment, the employer shall ensure that the atmosphere is tested as
frequently as needed to prevent carbon monoxide (CO) concentrations from
exceeding allowable limits. Such tests shall be made in the area in
which employees are working by persons competent in the use of the test
equipment and procedures. If operations are in a deep tank or
refrigerated compartment, the first test shall be made within one half
hour of the time the engine starts. To decide the need for further
testing, the initial test in all other cargo handling areas shall be
taken no later than one hour after the time the engine starts.
(i) The CO content of the atmosphere in a compartment, hold, or any
enclosed space shall be maintained at not more than 50 parts per million
(ppm) (0.005%) as an eight hour average area level and employees shall
be removed from the enclosed space if the CO concentration exceeds a
ceiling of 100 ppm (0.01%). Exception: The ceiling shall be 200 ppm
(0.02%) instead of 100 ppm (0.01%) for Ro-Ro operations.
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\12\ [Reserved]
Note to paragraph (a)(1)(i): The term eight hour average area level
means that for any period in which the concentration exceeds 50 parts
per million, the concentration shall be maintained for a corresponding
---------------------------------------------------------------------------
period below 50 parts per million.
(ii) When both natural ventilation and the vessel's ventilation
system are inadequate to keep the CO concentration within the allowable
limits, the employer shall use supplementary means to bring such
concentration within allowable limits, as determined by monitoring.
(2) The intakes of portable blowers and any exposed belt drives
shall be guarded to prevent injury to employees.
(3) The frames of portable blowers shall be grounded at the source
of the current by means of an equipment grounding conductor run with or
enclosing the circuit conductors. When the vessel is the source of the
current, the equipment grounding conductor shall be bonded to the
structure of the vessel. Electric cords shall be free from visible
defects.
(b) Fumigated grains. (1) Before commencing to handle bulk grain in
any
[[Page 302]]
compartment of a vessel in which employees will or may be present, the
employer shall:
(i) Determine whether the grain has been or will be fumigated at the
elevator; and
(ii) Determine whether that compartment, or any cargo within it
loaded at a prior berth, has been treated with a fumigant or any other
chemical.
(2) If fumigant or chemical treatment has been carried out, or if
there is reason to suspect that such treatment has been carried out, it
shall be determined by atmospheric testing that the compartment's
atmosphere is within allowable limits. (See paragraph (b)(3) of this
section.)
(3) A test of the fumigant concentration in the atmosphere of the
compartment shall be made after loading begins and before employees
enter the compartment. Additional tests shall be made as often as
necessary to ensure that hazardous concentrations do not develop.
(i) Tests for fumigant concentration shall be conducted by a
designated person, who shall be thoroughly familiar with the
characteristics of the fumigant being used, the correct procedure for
measurement, the proper measuring equipment to be used, the fumigant
manufacturers' recommendations and warnings, and the proper use of
personal protective equipment to guard against the specific hazard.
(ii) If the concentration in any compartment reaches the level
specified as hazardous by the fumigant manufacturer, or exceeds the
permissible exposure limits of part 1910, subpart Z of this chapter,
whichever is lower, all employees shall be removed from such
compartments and shall not be permitted to reenter until tests prove
that the atmosphere is within allowable limits.
(iii) No employee shall be permitted to enter any compartment in
which grain fumigation has been carried out, or any compartment
immediately next to such a compartment, until it has been determined by
testing that the atmosphere in the compartment to be entered is within
allowable limits for entry.
(iv) In the event a compartment containing a hazardous or unknown
concentration of fumigants must be entered for testing of the
atmosphere, or for emergency purposes, each employee entering shall be
protected by respiratory protective equipment following the provisions
of Sec. 1918.102, and by any protective clothing and other personal
protective equipment recommended by the fumigant manufacturer for
protection against the particular hazard. At least two other employees
shall be stationed outside the compartment as observers, to provide
rescue services in case of emergency. The observers shall be equipped
with similar personal protective equipment.
(v) One or more employees on duty shall be equipped and trained to
provide any specific emergency medical treatment stipulated for the
particular fumigant.
(vi) Emergency equipment required by this paragraph shall be readily
accessible wherever fumigated grains are being handled.
(4) If a compartment is treated for local infestation before loading
grain by a chemical other than a fumigant, the employee applying the
treatment, and any other employees entering the compartment, shall be
provided with and required to use any personal protective equipment
recommended by the manufacturer of the product to protect them against
the effects of exposure.
(c) Fumigated tobacco. The employer shall not load break-bulk
tobacco until the carrier has provided written notification about
whether or not the cargo has been fumigated. If break-bulk tobacco cargo
has been treated with any toxic fumigant, loading shall not commence
until a written warranty has been received from the fumigation facility
that the aeration of the cargo has been such as to reduce the
concentration of the fumigant to within the level specified as hazardous
by the fumigant manufacturer, or does not exceed the permissible
exposure limits of part 1910, subpart Z of this chapter, whichever is
lower. Such notification and warranty shall be maintained for at least
30 days after the loading of the tobacco has been completed, and shall
be available for inspection.
[[Page 303]]
(d) Other fumigated cargoes. Before commencing to load or discharge
fumigated cargo other than the cargo specifically addressed in
paragraphs (b) and (c) of this section, the employer shall determine
that the concentration of fumigants is within the level specified as
hazardous by the fumigant manufacturer, or does not exceed the
permissible exposure limits of part 1910, subpart Z of this chapter,
whichever is lower.
(e) Grain dust. When employees are exposed to concentrations of
grain dust greater than the allowable limit found in subpart Z of part
1910 of this chapter, they shall be protected by suitable respiratory
protective equipment as required by Sec. 1918.102.
(f) Catch of menhaden and similar species of fish. (1) The
provisions of this paragraph shall not apply to vessels having and
utilizing refrigerated holds for the carriage of all cargo.
(2) After a vessel has arrived at berth for discharge of menhaden,
but before personnel enter the hold, and as frequently thereafter as
tests show to be necessary, tests shall be made of the atmosphere in the
vessel's hold to ensure a safe work space. The tests shall be done for
the presence of hydrogen sulfide and for oxygen deficiency.
(3) Tests required by paragraph (f)(2) of this section shall be made
by designated supervisory personnel, trained and competent in the nature
of hazards and the use of test equipment and procedures.
(4) Before employees enter a hold it shall be tested for hydrogen
sulfide and oxygen deficiency. Employees shall not enter the hold when
the hydrogen sulfide level exceeds 20 ppm ceiling or when the oxygen
content is less than 19.5 percent, except in emergencies.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Sec. 1918.95 Sanitation.
(a) Washing and toilet facilities. (1) Accessible washing and toilet
facilities sufficient for the sanitary requirements of employees shall
be readily accessible at the worksite. The facilities shall have:
(i) Running water, including hot and cold or tepid water, at a
minimum of one accessible location (when longshoring operations are
conducted at locations without permanent facilities, potable water may
be provided instead of running water);
(ii) Soap;
(iii) Individual hand towels, clean individual sections of
continuous toweling, or air blowers; and
(iv) Fixed or portable toilets in separate compartments with latch-
equipped doors. Separate toilet facilities shall be provided for male
and female employees unless toilet rooms will be occupied by only one
person at a time.
(2) Washing and toilet facilities shall be regularly cleaned and
maintained in good order.
(b) Drinking water. (1) Potable drinking water shall be accessible
to employees at all times.
(2) Potable drinking water containers shall be clean, containing
only water and ice, and shall be fitted with covers.
(3) Common drinking cups are prohibited.
(c) Prohibited eating areas. Consumption of food or beverages in
areas where hazardous materials are stowed or being handled is
prohibited.
(d) Garbage and overboard discharges. Work shall not be conducted
close to uncovered garbage or in the way of overboard discharges from
the vessel's sanitary lines unless employees are protected from the
garbage or discharge by a baffle or splash boards.
[62 FR 40202, July 25, 1997, as amended at 76 FR 33610, June 8, 2011]
Sec. 1918.96 Maintenance and repair work in the vicinity of
longshoring operations.
(a) Noise interference (See also Sec. 1918.1(b)(6).) Longshoring
operations shall not be carried on when noise interferes with
communications of warnings or instructions.
(b) Falling objects. Longshoring operations shall not be carried on
in the hold or on deck beneath work being conducted overhead whenever
such work exposes the employee to a hazard of falling objects.
(c) Hot work. Longshoring operations shall not be carried on where
the employee is exposed to damaging light rays, hot metal, or sparks
from welding or cutting.
[[Page 304]]
(d) Abrasive blasting and spray painting. Longshoring operations
shall not be carried on in the immediate vicinity of abrasive blasting
or spray painting operations.
(e) Machine guarding. (See also Sec. 1918.2, definition of ``Danger
zone''.)
(1) Danger zones on machines and equipment used by employees shall
be guarded.
(2) The power supply to machines shall be turned off, locked out,
and tagged out during repair, adjustment, or servicing.
Sec. 1918.97 First aid and lifesaving facilities. (See appendix V of
this part).
(a) Injury reporting. The employer shall require each employee to
report every work-related injury, regardless of severity, to the
employer.
(b) First aid. A first aid kit shall be available at or near each
vessel being worked. At least one person holding a valid first aid
certificate, such as is issued by the Red Cross or other equivalent
organization, shall be available to render first aid when work is in
progress.
(c) First aid kits. First aid kits shall be weatherproof and shall
contain individual sealed packages for each item that must be kept
sterile. The contents of each kit shall be determined by a person
certified in first aid and cognizant of the hazards found in marine
cargo handling operations. The contents shall be checked at intervals
that allow prompt replacement of expended items.
(d) Stretchers. (1) For each vessel being worked, at least one
Stokes basket stretcher, or its equivalent, shall be available to be
permanently equipped with bridles for attachment to the hoisting gear.
(2) Stretchers shall be kept close to vessels and shall be
positioned to avoid damage to the stretcher.
(3) A blanket or other suitable covering shall be available.
(4) Stretchers shall have at least four sets of effective patient
restraints in operable condition.
(5) Lifting bridles shall be of adequate strength, capable of
lifting 1,000 pounds (454 kg) with a safety factor of five (lifting
capability of 5,000 pounds), and shall be maintained in operable
condition. Lifting bridles shall be provided for making vertical patient
lifts at container berths. Stretchers for vertical lifts shall have foot
plates.
(6) Stretchers shall be maintained in operable condition. Struts and
braces shall be inspected for damage. Wire mesh shall be secured and
have no burrs. Damaged stretchers shall not be used until repaired.
(7) Stretchers in permanent locations shall be mounted to prevent
damage and be protected from the elements if located out-of-doors. If
concealed from view, enclosures shall be marked to indicate the location
of the lifesaving equipment.
(e) Life-rings. (1) The employer shall ensure that there is in the
vicinity of each vessel being worked at least one U.S. Coast Guard
approved 30-inch (76.2 cm) life-ring with no less than 90 feet (27.43 m)
of line attached, and at least one portable or permanent ladder that
will reach from the top of the apron to the surface of the water.
(2) In addition, when working a barge, scow, raft, lighter, log
boom, or carfloat alongside a ship, a U.S. Coast Guard approved 30-inch
(76.2 cm) life-ring, with no less than 90 feet (27.43 m) of line shall
be provided either on the floating unit itself or aboard the ship in the
immediate vicinity of each floating unit being worked.
(f) Communication. Telephone or equivalent means of communication
shall be readily available at the worksite.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000; ]
Sec. 1918.98 Qualifications of machinery operators and supervisory
training.
(a) Qualification of machinery operators. (1) Only an employee
determined by the employer to be competent by reason of training or
experience, and who understands the signs, notices and operating
instructions and is familiar with the signal code in use, shall be
permitted to operate a crane, winch, or other power-operated cargo
handling apparatus, or any power-operated vehicle, or give signals to
the operator of any hoisting apparatus. However, an employee being
trained and supervised by a designated person may operate
[[Page 305]]
such machinery and give signals to operators during training.
(2) No employee known to have defective uncorrected eyesight or
hearing, or to be suffering from heart disease, epilepsy, or similar
ailments that may suddenly incapacitate the employee, shall be permitted
to operate a crane, winch or other power-operated cargo handling
apparatus or a power-operated vehicle.
Note to paragraph (a)(2): OSHA is defining suddenly incapacitating
medical ailments consistent with the Americans with Disabilities Act
(ADA), 42 U.S.C. 12101 (1990). Therefore, employers who act in
accordance with the employment provisions (Title I) of the ADA (42
U.S.C. 12111-12117), the regulations implementing Title I (29 CFR Part
1630), and the Technical Assistance Manual for Title I issued by the
Equal Employment Opportunity Commission (Publication number: EEOC-M1A),
will be considered as being in compliance with this paragraph.
(b) Supervisory accident prevention proficiency. (1) By July 16,
1999, each immediate supervisor of a cargo handling operation of more
than five persons shall satisfactorily complete a course in accident
prevention.
(2) Each employee newly assigned to supervisory duties after that
date shall be required to meet the provisions of this paragraph within
90 days of such assignment.
(3) The accident prevention course shall consist of instruction
suited to the particular operations involved. \13\
---------------------------------------------------------------------------
\13\ The following are recommended topics: Safety responsibility and
authority; elements of accidents prevention; attitudes, leadership and
motivation; hazards of longshoring, including peculiar local
circumstances; hazard identification and elimination; applicable
regulations; and accident investigations.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Sec. 1918.99 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's Hazardous Materials Regulations (49
CFR parts 171 through 180) shall retain those markings, labels and
placards on the package until the packaging is sufficiently cleaned of
residues 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 that 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 that will not be reshipped, the provisions
of the section are met if a label or other acceptable marking is affixed
in accordance with OSHA's Hazard Communication Standard (29 CFR
1910.1200).
(e) For the purposes of this section, the term ``hazardous
material'' has the same definition as in the Hazardous Materials
Regulations (49 CFR parts 171 through 180).
Sec. 1918.100 Emergency action plans.
(a) Scope and application. This section requires all employers to
develop and implement an emergency action plan. \14\ The emergency
action plan shall be in writing (except as provided in the last sentence
of paragraph (e)(3) of this section) and shall cover those designated
actions employers and employees must take to ensure employee safety from
fire and other emergencies.
---------------------------------------------------------------------------
\14\ When an employer directs his employees to respond to an
emergency that is beyond the scope of the Emergency Action Plan, a plan
developed in accordance with Sec. 1910.120(q) of this chapter shall
apply.
---------------------------------------------------------------------------
(b) Elements. The following elements, at a minimum, shall be
included in the plan:
(1) Emergency escape procedures and emergency escape route
assignments;
(2) Procedures to be followed by employees who remain to operate
critical operations before they evacuate;
(3) Procedures to account for all employees after emergency
evacuation has been completed;
[[Page 306]]
(4) Rescue and medical duties for those employees who are to perform
them;
(5) The preferred means of reporting fires and other emergencies;
and
(6) Names or regular job titles of persons or departments that can
be contacted for further information or explanation of duties under the
plan.
(c) Alarm system. The employer shall establish an employee alarm
system that provides warning for necessary emergency action or for
reaction time for safe escape of employees from the workplace or the
immediate work area, or both.
(d) Evacuation. The employer shall establish the types of evacuation
to be used in emergency circumstances.
(e) Training. (1) Before implementing the emergency action plan, the
employer shall designate and train a sufficient number of persons to
assist in the safe and orderly emergency evacuation of employees.
(2) The employer shall review the plan with each employee covered by
the plan at the following times:
(i) Initially when the plan is developed;
(ii) Whenever the employee's responsibilities or designated actions
under the plan change; and
(iii) Whenever the plan is changed.
(3) The employer shall review with each employee upon initial
assignment those parts of the plan that the employee must know to
protect the employee in the event of an emergency. The written plan
shall be kept at the workplace and made available for employee review.
Employers with 10 or fewer employees may communicate the plan orally to
employees and need not maintain a written plan.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Subpart J_Personal Protective Equipment
Sec. 1918.101 Eye and face protection.
(a) The employer shall ensure that:
(1)(i) Employers must ensure that each employee uses appropriate eye
and/or face protection when the employee is exposed to an eye or face
hazard, and that protective eye and face devices comply with any of the
following consensus standards:
(A) ANSI Z87.1-2003, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1918.3;
(B) ANSI Z87.1-1989 (R1998), ``American National Standard Practice
for Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1918.3; or
(C) ANSI Z87.1-1989, ``American National Standard Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference in Sec. 1918.3.
(ii) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
(2) For an employee wearing corrective glasses, eye protection
equipment required by paragraph (a)(1) of this section shall be of the
type that can be worn over glasses. Prescription-ground safety lenses
may be substituted if they provide equivalent protection.
(b) Eye protection shall be maintained in good condition.
(c) Used eye protection shall be cleaned and disinfected before
issuance to another employee.
[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009]
Sec. 1918.102 Respiratory protection.
(See Sec. 1918.1(b)(8)).
[65 FR 40946, June 30, 2000]
Sec. 1918.103 Head protection.
(a) The employer shall ensure that each affected employee wears a
protective helmet when working in areas where there is a potential for
injury to the head from falling objects.
(b)(1) The employer must ensure that head protection complies with
any of the following consensus standards:
(i) American National Standards Institute (ANSI) Z89.1-2009,
``American National Standard for Industrial Head
[[Page 307]]
Protection,'' incorporated by reference in Sec. 1918.3;
(ii) American National Standards Institute (ANSI) Z89.1-2003,
``American National Standard for Industrial Head Protection,''
incorporated by reference in Sec. 1918.3; or
(iii) American National Standards Institute (ANSI) Z89.1-1997,
``American National Standard for Personnel Protection--Protective
Headwear for Industrial Workers--Requirements,'' incorporated by
reference in Sec. 1918.3.
(2) Head protection devices that the employer demonstrates are at
least as effective as head protection devices that are constructed in
accordance with one of the above consensus standards will be deemed to
be in compliance with the requirements of this section.
(c) Previously worn protective hats shall be cleaned and disinfected
before issuance by the employer to another employee.
[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009;
77 FR 37600, June 22, 2012]
Sec. 1918.104 Foot protection.
(a) The employer shall ensure that each affected employee wears
protective footwear when working in areas where there is a danger of
foot injuries due to falling or rolling objects or objects piercing the
sole.
(b)(1) The employer must ensure that protective footwear complies
with any of the following consensus standards:
(i) ASTM F-2412-2005, ``Standard Test Methods for Foot Protection,''
and ASTM F-2413-2005, ``Standard Specification for Performance
Requirements for Protective Footwear,'' which are incorporated by
reference in Sec. 1918.3;
(ii) ANSI Z41-1999, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference in
Sec. 1918.3; or
(iii) ANSI Z41-1991, ``American National Standard for Personal
Protection--Protective Footwear,'' which is incorporated by reference in
Sec. 1918.3.
(2) Protective footwear that the employer demonstrates is at least
as effective as protective footwear that is constructed in accordance
with one of the above consensus standards will be deemed to be in
compliance with the requirements of this section.
[62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009]
Sec. 1918.105 Other protective measures.
(a) Protective clothing. (1) The employer shall provide and shall
require the wearing of special protective clothing for each employee
engaged in work where protective clothing is necessary.
(2) When necessary, protective clothing shall be cleaned and
disinfected before reissuance.
(b) Personal flotation devices (PFDs). (1) The employer shall
provide and shall require the wearing of PFDs for each employee engaged
in work in which the employee might fall into the water.
(2) PFDs (life preservers, life jackets, or work vests) worn by each
affected employee must be United States Coast Guard (USCG) approved
pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and marked for
use as a work vest, for commercial use, or for use on vessels.
(3) Personal flotation devices shall be maintained in safe condition
and shall be considered unserviceable when damaged in a manner that
affects buoyancy or fastening capability.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000]
Sec. 1918.106 Payment for protective equipment.
(a) Except as provided by paragraphs (b) through (f) 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.
(b) 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.
(c) 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.
[[Page 308]]
(d) The employer is not required to pay for:
(1) Everyday clothing, such as long-sleeve shirts, long pants,
street shoes, and normal work boots; or
(2) 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.
(e) The employer must pay for replacement PPE, except when the
employee has lost or intentionally damaged the PPE.
(f) Where an employee provides adequate 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 (b) through (e).
(g) This section shall become effective on February 13, 2008.
Employers must implement the PPE payment requirements no later than May
15, 2008.
Note to Sec. 1918.106: 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.
[72 FR 64429, Nov. 15, 2007]
Appendix I to Part 1918--Cargo Gear Register and Certificates (Non-
mandatory)
Note: This appendix is non-mandatory and provides guidance to part
1918 to assist employers and employees in complying with the
requirements of this standard, as well as to provide other helpful
information. Nothing in this appendix adds or detracts from any of the
requirements of this standard. The language in this appendix is taken
directly from the recommended ILO document.
Form No. 1
Identity of National Authority or Competent Organization Register of
Ships' Lifting Appliances and Cargo Handling Gear
Name of Ship____________________________________________________________
Official Number_________________________________________________________
Call Sign_______________________________________________________________
Port of Registry________________________________________________________
Name of Owner___________________________________________________________
Register Number_________________________________________________________
Date of Issue___________________________________________________________
Issued by_______________________________________________________________
Signature and Stamp_____________________________________________________
Note: This register is the standard international form as
recommended by the International Labour Office in accordance with the
ILO Convention No. 152.
General
The tests, examinations and inspections indicated in this register
are based on the requirements of ILO Convention 152 and Recommendation
160. They are intended to ensure that ships having lifting appliances
are initially certified by a competent person, and to establish
periodically that they continue to be in safe working order to the
satisfaction of a competent person acceptable to a competent authority.
A Register of lifting appliances and items of loose gear shall be kept
in a form prescribed by the competent authority, account being taken of
this model recommended by the International Labour Office. This Register
and related certificates shall be kept available to any person
authorized by the competent authority. The Register and certificates for
gear currently aboard the ship shall be preserved for at least five
years after the date of the last entry.
Instruction
1. Initial Examination and Certification
1.1. Every lifting appliance shall be certified by a competent
person before being taken into use for the first time to ensure that it
is of good design and construction and of adequate strength for the
purpose for which it is intended.
1.2. Before being taken into use for the first time, a competent
person shall supervise and witness testing, and shall thoroughly examine
every lifting appliance.
1.3. Every item of loose gear shall, before being taken into use for
the first time, shall be tested, thoroughly examined and certified by a
competent person, in accordance with national law or regulations.
1.4. Upon satisfactory completion of the procedures indicated above,
the competent person shall complete and issue the Register of lifting
appliances and attach the appropriate certificates. An entry shall be
made in part I of the Register.
1.5. A rigging plan showing the arrangement of lifting appliances
shall be provided. In the case of derricks and derrick cranes, the
rigging should show at least the following information:
(a) The position of guys;
(b) The resultant force on blocks, guys, wire ropes and booms;
(c) The position of blocks;
(d) The identification mark of individual items; and
[[Page 309]]
(e) Arrangements and working range of union purchase.
2. Periodic Examination and Re-testing
2.1. All lifting appliances and every item of loose gear shall be
thoroughly examined by a competent person at least once in every twelve
months. The particulars of these thorough examinations shall be entered
in part I of the Register.
2.2. Re-testing and thorough examination of all lifting appliances
and every item of loose gear is to be carried out:
(a) after any substantial alteration or renewal, or after repair to
any stress bearing part, and
(b) in the case of lifting appliances, at least once in every five
years.
2.3. The retesting referred to in paragraph 2.2(a) may be omitted
provided the part which has been renewed or repaired is subjected by
separate test, to the same stress as would be imposed on it if it had
been tested in-situ during the testing of the lifting appliance.
2.4. The thorough examinations and tests referred to in paragraph
2.2. are to be entered in part I of the Register.
2.5. No new item of loose gear shall be manufactured of wrought
iron. Heat treatment of any existing wrought iron components should be
carried out to the satisfaction of the competent person. No heat
treatment should be applied to any item of loose gear unless the
treatment is in accordance with the manufacturer's instruction; and to
the satisfaction of the competent person. Any heat treatment and the
associated examination are to be recorded by the competent person in
part I of the Register.
3. Inspections
3.1. Regular visual inspections of every item of loose gear shall be
carried out by a responsible person before use. A record of these
regular inspections is to be entered in part II of the Register, but
entries need only be made when the inspection has indicated a defect in
the item.
4. Certificates
4.1. The certification forms to be used in conjunction with this
Register (Form No. 1) are as follows:
(Form No. 2)--Certificate of test and thorough examination of
lifting appliance.
(Form No. 2(U))--Certificate of test and thorough examination of
derricks used in union purchase.
(Form No. 3)--Certificate of test and thorough examination of loose
gear.
(Form No. 4)--Certificate of test and thorough examination of wire
rope.
Definitions
(a) The term ``competent authority'' means a minister, government
department, or other authority empowered to issue regulations, orders or
other instructions having the force of law.
(b) The term ``competent person'' means a person appointed by the
master of the ship or the owner of the gear to be responsible for the
performance of inspections and who has sufficient knowledge and
experience to undertake such inspections.
(c) The term ``thorough examination'' means a detailed visual
examination by a competent person, supplemented if necessary by other
suitable means or measures in order to arrive at a reliable conclusion
as to the safety of the lifting appliance or item of loose gear
examined.
(d) The term ``lifting appliance'' covers all stationary or mobile
cargo handling appliances used on board ship for suspending, raising or
lowering loads or moving them from one position to another while
suspended or supported.
(e) The term ``loose gear'' covers any gear by means of which a load
can be attached to a lifting appliance, but which does not form an
integral part of the appliance or load.
The Following Are Sample Forms of Certificates as Recommended by the ILO
[Part I--Thorough Examination of Lifting Appliances and Loose Gear]
----------------------------------------------------------------------------------------------------------------
I certify that on
the date to which I
have appended my
signature, the gear
Situation and description of shown in col. (1)
lifting appliances and loose gear was thoroughly
(with distinguishing numbers or Certificate Examination examined and no Remarks (to be dated
marks, if any) which have been Nos. (2) performed (see note defects affecting and signed) (5)
thoroughly examined. (See note 1) 2) (3) its safe working
(1) condition were found
other than those
shown in col. (5)
(date and signature)
(4)
----------------------------------------------------------------------------------------------------------------
........... .................... .................... ....................
........... .................... .................... ....................
........... .................... .................... ....................
----------------------------------------------------------------------------------------------------------------
Note 1: If all the lifting appliances are thoroughly examined on the same date it will be sufficient to enter in
Col. (1) ``All lifting appliances and loose gear''. If not, the parts that have been thoroughly examined on
the dates stated must be clearly indicated.
Note 2: The thorough examinations to be indicated in Col. (3) include:
(a) Initial.
[[Page 310]]
(b) 12 monthly.
(c) 5 yearly.
(d) Repair/Damage.
(e) Other thorough examinations.
[Part II--Regular Inspections of Loose Gear]
------------------------------------------------------------------------
Situation and description of
loose gear (with Signature and date
distinguishing numbers or of the responsible Remarks (to be dated
marks, if any) that has been person carrying out and signed)
inspected. (See note 1) the inspection
------------------------------------------------------------------------
------------------------------------------------------------------------
Note 1: All loose gear should be inspected before use. However, entries
need only be made when the inspection discloses a defect.
Form No. 2
Identity of National Authority or Competent Organization Certificate of
Test and Thorough Examination of Lifting Appliances
Name of Ship____________________________________________________________
Official Number_________________________________________________________
Call Sign_______________________________________________________________
Port of Registry________________________________________________________
Name of Owner___________________________________________________________
Certificate No._________________________________________________________
----------------------------------------------------------------------------------------------------------------
Situation and description of lifting
appliances (with distinguishing Angle to the horizontal Safe working load at
numbers or marks, if any) which have or radius at which test Test load (tonnes) (3) angle or radius shown
been tested and thoroughly examined load applied (2) in col. 2 (tonnes) (4)
(1)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Name and address of the firm or competent person who witnessed
testing and carried out thorough examination.
I certify that on the date to which I have appended my signature,
the gear shown in Col. (1) was tested and thoroughly examined and no
defects or permanent deformation was found and that the safe working
load is as shown.
Date:___________________________________________________________________
Place:__________________________________________________________________
Signature:______________________________________________________________
Note: This certificate is the standard international form as
recommended by the International Labor Office in accordance with ILO
Convention No. 152.
Reverse of Form No. 2
Instructions
1. Every lifting appliance shall be tested with a test load which
shall exceed the Safe Working Load (SWL) as follows:
------------------------------------------------------------------------
SWL Test load
------------------------------------------------------------------------
Up to 20 tonnes........................ 25 percent in excess.
20 to 50 tonnes........................ 5 tonnes in excess.
Over 50 tonnes......................... 10 percent in excess.
------------------------------------------------------------------------
2. In the case of derrick systems, the test load shall be lifted
with the ship's normal tackle with the derrick at the minimum angle to
the horizontal for which the derrick system was designed (generally 15
degrees), or at such greater angle as may be agreed. The angle at which
the test was made should be stated in the certificate.
2.1. The SWL shown is applicable to swinging derrick systems only.
When derricks are used in union purchase, the SWL (U) is to be shown on
Form 2 (U).
2.2. In the case of heavy derricks, care should be taken to ensure
that the appropriate stays are correctly rigged.
3. In the case of cranes, the test load is to be hoisted and luffed
at slow speed. Gantry and traveling cranes together with their trolleys,
where appropriate, are to be traversed and traveled over the full length
of their track.
3.1. In the case of variable load-radius cranes, the tests are
generally to be carried out with the appropriate test load at maximum,
minimum and intermediate radii.
[[Page 311]]
3.2. In the case of hydraulic cranes where limitations of pressure
make it impossible to lift a test load 25 percent in excess of the safe
working load, it will be sufficient to lift the greatest possible load,
but in general this should not be less than 10 percent in excess of the
safe working load.
4. As a general rule, tests should be carried out using test loads,
and no exception should be allowed in the case of initial tests. In the
case of repairs/replacement or when the periodic examination calls for
re-test, consideration may be given to the use of spring or hydraulic
balances provided the SWL of the lifting appliance does not exceed 15
tonnes. Where a spring or hydraulic balance is used, it shall be
calibrated and accurate to within 2 percent and the indicator
should remain constant for five minutes.
4.1. If the test weights are not used, this is to be indicated in
Col. (3).
5. The expression ``tonne'' shall mean a tonne of 1000 kg.
6. The terms ``competent person'', ``thorough examination'', and
``lifting appliance'' are defined in Form No. 1.
Note: For recommendations on test procedures reference may be made
to the ILO document ``Safety and Health in Dock Work''.
Form No. 2(U)
Identity of National Authority or Competent Organization Certificate of
Test and Thorough Examination of Derricks Used in Union Purchase
Name of Ship____________________________________________________________
Official Number_________________________________________________________
Call Sign_______________________________________________________________
Port of Registry________________________________________________________
Name of Owner___________________________________________________________
Certificate No._________________________________________________________
----------------------------------------------------------------------------------------------------------------
Situation and description of derricks Max. height of triangle
used in Union Purchase (with plate above hatch Safe working load, SWL
distinguishing numbers or marks) coaming (m) or max. Test load (tonnes) (3) when operating in union
which have been tested and thoroughly angle between runners purchase (tonnes) (4)
examined (1) (2)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Position of outboard preventer guy attachments:
(a) forward/aft * of mast--(m) and
(b) from ship's centerline--(m)
Position of inboard preventer guy attachments:
(a) forward/aft * of mast--(m) and
(b) from ship's centerline--(m)
* Delete as appropriate.
Name and address of the firm or competent person who witnessed
testing and carried out thorough examination
________________________________________________________________________
________________________________________________________________________
I certify that on the date to which I have appended my signature,
the gear shown in Col. (1) was tested and thoroughly examined and no
defects or permanent deformation was found and that the safe working
load is as shown.
Date:___________________________________________________________________
Signature:______________________________________________________________
Place:__________________________________________________________________
Note: This certificate is the standard international form as
recommended by the International Labour Office in accordance with ILO
Convention No. 152.
Reverse Form No. 2 (U)
Instructions
1. Before being taken into use, the derricks rigged in Union
Purchase shall be tested with a test load which shall exceed the Safe
Working Load (SWL (U)) as follows:
------------------------------------------------------------------------
SWL Test load
------------------------------------------------------------------------
Up to 20 tonnes........................ 25 percent in excess.
20 to 50 tonnes........................ 5 tonnes in excess.
Over 50 tonnes......................... 10 percent in excess.
------------------------------------------------------------------------
2. Tests are to be carried out at the approved maximum height of the
triangle plate above the hatch coaming or at the angle between the cargo
runners and with the derrick booms in their working positions, to prove
the strength of deck eye plates and the Union Purchase system. These
heights or angles must not exceed the values shown on the rigging plan.
3. Tests should be carried out using test loads.
4. The expression ``tonne'' shall mean a tonne of 1000 kg.
5. The terms ``competent person'', ``thorough examination'' and
``lifting appliance'' are defined in Form No. 1.
[[Page 312]]
Note: For recommendations on test procedures, reference may be made
to the ILO document ``Safety and Health in Dock Work''.
Form 3
Identity of National Authority or Competent Organization Certificate of
Test and Thorough Examination of Loose Gear
Name of Ship____________________________________________________________
Official Number_________________________________________________________
Call Sign_______________________________________________________________
Port of Registry________________________________________________________
Name of Owner___________________________________________________________
Certificate No._________________________________________________________
----------------------------------------------------------------------------------------------------------------
Distinguishing Description of Test load Safe work load
number or mark loose gear Number tested Date of test (tonnes) (SWL) (tonnes)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Name and address of makers or suppliers:
Name and address of the firm or competent person who witnessed
testing and carried out thorough examination.
I certify that the above items of loose gear were tested and
thoroughly examined and no defects affecting their SWL were found.
Date:___________________________________________________________________
Place:__________________________________________________________________
Signature:______________________________________________________________
Note: This certificate is the standard international form as
recommended by the International Labour Office in accordance with ILO
Convention No. 152.
Reverse Form No. 3
Instructions
1. Every item of loose gear is to be tested and thoroughly examined
before being put into use for the first time and after any substantial
alteration or repair to any part liable to affect its safety. The test
loads to be applied shall be in accordance with the following table:
------------------------------------------------------------------------
Item Test load (tonnes)
------------------------------------------------------------------------
Single sheave blocks (See Note 1)......... 4 x SWL
Multi sheave blocks (See Note 2):
SWL <25 tonnes........................ 2 x SWL
25 tonnes 160 tonnes............. 1.1 x SWL
Chains, hooks, rings, shackles, swivels,
etc.:
SWL <25 tonnes........................ 2 x SWL
SWL 25 tonnes.............. (1.22 x SWL) + 20
Lifting beams, spreaders, frames and
similar devices:
SWL <=10 tonnes....................... 2 x SWL
10 tonnes 160 tonnes............. 1.1 x SWL
------------------------------------------------------------------------
Note: 1. The SWL for a single sheave block, including single sheave
blocks with beckets, is to be taken as one-half of the resultant load on
the head fitting.
2. The SWL of a multi-sheave block is to be taken as the resultant
load on the head fitting.
3. This form may also be used for the certification of
interchangeable components of lifting appliances.
4. The expression ``ton'' shall mean a ton of 1,000 kg.
5. The terms ``competent person'', ``thorough examination'' and
``loose gear'' are defined in Form No. 1.
Note: For recommendations on test procedures reference may be made
to the ILO document ``Safety and Health in Dock Work''.
Form No. 4
Identity of National Authority or Competent Organization Certificate of
Test and Thorough Examination of Wire Rope
Name of Ship____________________________________________________________
Official Number_________________________________________________________
Call Sign_______________________________________________________________
Port of Registry________________________________________________________
Name of Owner___________________________________________________________
[[Page 313]]
________________________________________________________________________
Certificate No._________________________________________________________
------------------------------------------------------------------------
Name and address of maker or supplier
------------------------------------------------------------------------
Nominal diameter of rope (mm)
Number of strands
Number of wires per strand
Core
Lay
Quality of wire (N/mm\2\)
Date of test of sample
Load at which sample broke (tonnes)
Safe working load of rope (tonnes)
Intended use
------------------------------------------------------------------------
Name and address of the firm or competent person who witnessed
testing and carried out thorough examination.
I certify that the above particulars are correct, and that the rope
was tested and thoroughly examined and no defects affecting its SWL were
found.
Date:___________________________________________________________________
Place:__________________________________________________________________
Signature:______________________________________________________________
Note: This certificate is the standard international form as
recommended by the International Labour Office in accordance with ILO
Convention No. 152.
Reverse Form No. 4
Instructions
1. Wire rope shall be tested by sample, a piece being tested to
destruction.
2. The test procedure should be in accordance with an International
or recognized National standard.
3. The SWL of the rope is to be determined by dividing the load at
which the sample broke, by a co-efficient of utilization, determined as
follows:
------------------------------------------------------------------------
Item Coefficient
------------------------------------------------------------------------
Wire rope forming part of a sling:
SWL of the sling...................... 5
SWL <10 tonnes........................ 10 \5\
-----------------------------
10 tonnes 160 tonnes............. 3
Wire rope as integral part of a lifting
appliance:
SWL of lifting appliance.............. 10 \4\
-----------------------------
SWL <=160 tonnes...................... (8.85 x SWL) + 1910
SWL 160 tonnes............. 3
------------------------------------------------------------------------
These coefficients should be adopted unless other requirements are
specified by a National Authority.
4. The expression ``tonne'' shall mean a tonne of 1000 kg.
5. The terms ``competent person'', ``thorough examination'' and
``lifting appliance'' are defined in Form No. 1.
Note: For recommendations on test procedures reference may be made
to the ILO document ``Safety and Health in Dock Work''.
Appendix II to Part 1918--Tables for Selected Miscellaneous Auxiliary
Gear (Mandatory)
Note: This appendix is mandatory and is to be used in the
appropriate sections of part 1918 when certificates or the
manufacturers' use recommendations are not available.
Table 1--Wire Rope Clips
----------------------------------------------------------------------------------------------------------------
Minimum number of clips
Improved plow steel, rope (Inches (cm)) ------------------------------------ Minimum spacing (Inches (cm))
Drop forged Other material
----------------------------------------------------------------------------------------------------------------
\1/2\ or less (1.3)......................... 3 4 3 (7.6)
\5/8\ (1.6)................................. 3 4 3\3/4\ (9.5)
\3/4\ (1.9)................................. 4 5 4\1/2\ (11.4)
\7/8\ (2.2)................................. 4 5 5\1/4\ (13.3)
1 (2.5)..................................... 5 6 6 (15.2)
1\1/8\ (2.9)................................ 6 6 6\3/4\ (17.1)
1\1/4\ (3.2)................................ 6 7 7\1/2\ (19.1)
1\3/8\ (3.5)................................ 7 7 8\1/4\ (21.0)
1\1/2\ (3.8)................................ 7 8 9 (22.9)
----------------------------------------------------------------------------------------------------------------
[[Page 314]]
Table 2--Natural Fiber Rope and Rope Slings--Load Capacity in Pounds (lbs.) Safety Factor=5--Eye and Eye Sling--Basket Hitch
[Angle of rope to horizontal--90 deg. 60 deg. 45 deg. 30 deg.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Angle of rope to vertical
Rope diameter nominal inch Vertical hitch Choker hitch ---------------------------------------------------------------
0 deg. 30 deg. 45 deg. 60 deg.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\................................................... 550 250 1,100 900 750 550
\9/16\.................................................. 700 350 1,400 1,200 1,000 700
\5/8\................................................... 900 450 1,800 1,500 1,200 900
\3/4\................................................... 1,100 550 2,200 1,900 1,500 1,100
\13/16\................................................. 1,300 650 2,600 2,300 1,800 1,300
\7/8\................................................... 1,500 750 3,100 2,700 2,200 1,500
1....................................................... 1,800 900 3,600 3,100 2,600 1,800
1\1/16\................................................. 2,100 1,100 4,200 3,600 3,000 2,100
1\1/8\.................................................. 2,400 1,200 4,800 4,200 3,400 2,400
1\1/4\.................................................. 2,700 1,400 5,400 4,700 3,800 2,700
1\5/16\................................................. 3,000 1,500 6,000 5,200 4,300 3,000
1\1/2\.................................................. 3,700 1,850 7,400 6,400 5,200 3,700
1\5/8\.................................................. 4,500 2,300 9,000 7,800 6,400 4,500
1\3/4\.................................................. 5,300 2,700 10,500 9,200 7,500 5,300
2....................................................... 6,200 3,100 12,500 10,500 8,800 6,200
2\1/8\.................................................. 7,200 3,600 14,500 12,500 10,000 7,200
2\1/4\.................................................. 8,200 4,100 16,500 14,000 11,500 8,200
2\1/2\.................................................. 9,300 4,700 18,500 16,000 13,000 9,300
2\5/8\.................................................. 10,500 5,200 21,000 18,000 14,500 10,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Endless Sling
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\................................................... 950 500 1,900 1,700 1,400 950
\9/16\.................................................. 1,200 600 2,500 2,200 1,800 1,200
\5/8\................................................... 1,600 800 3,200 2,700 2,200 1,600
\3/4\................................................... 2,000 950 3,900 3,400 2,800 2,000
\13/16\................................................. 2,300 1,200 4,700 4,100 3,300 2,300
\7/8\................................................... 2,800 1,400 5,600 4,800 3,900 2,800
1....................................................... 3,200 1,600 6,500 5,600 4,600 3,200
1\1/16\................................................. 3,800 1,900 7,600 6,600 5,400 3,800
1\1/8\.................................................. 4,300 2,200 8,600 7,500 6,100 4,300
1\1/4\.................................................. 4,900 2,400 9,700 8,400 6,900 4,900
1\5/16\................................................. 5,400 2,700 11,000 9,400 7,700 5,400
1\1/2\.................................................. 6,700 3,300 13,500 11,500 9,400 6,700
1\5/8\.................................................. 8,100 4,100 16,000 14,000 11,500 8,100
1\3/4\.................................................. 9,500 4,800 19,000 16,500 13,500 9,500
2....................................................... 11,000 5,600 22,500 19,500 16,000 11,000
2\1/8\.................................................. 13,000 6,500 26,000 22,500 18,500 13,000
2\1/4\.................................................. 15,000 7,400 29,500 25,500 21,000 15,000
2\1/2\.................................................. 16,500 8,400 33,500 29,000 23,500 16,500
2\5/8\.................................................. 18,500 9,500 37,000 32,500 26,500 18,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3A
------------------------------------------------------------------------
-------------------------------------------------------------------------
Polypropylene Rope and Rope Slings
------------------------------------------------------------------------
Load Capacity in Pounds (lbs.) Safety Factor=6
------------------------------------------------------------------------
Eye and Eye Sling
------------------------------------------------------------------------
Basket Hitch
Angle of rope to horizontal
------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Angle of rope to vertical
Rope diameter nominal in. Vertical hitch Choker hitch ---------------------------------------------------------------
0 deg. 30 deg. 45 deg. 60 deg.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\................................................... 650 350 1,300 1,200 950 650
\9/16\.................................................. 800 400 1,600 1,400 1,100 800
\5/8\................................................... 1,000 500 2,000 1,700 1,400 1,000
\3/4\................................................... 1,300 700 2,700 2,300 1,900 1,300
\13/16\................................................. 1,600 800 2,600 2,300 2,200 1,600
\7/8\................................................... 1,800 900 3,100 2,700 2,600 1,800
1....................................................... 2,200 1,100 3,600 3,100 3,100 2,200
1\1/16\................................................. 2,500 1,300 4,200 3,600 3,600 2,500
[[Page 315]]
1\1/8\.................................................. 2,900 1,500 4,800 4,200 4,100 2,900
1\1/4\.................................................. 3,300 1,700 6,700 5,800 4,700 3,300
1\5/16\................................................. 3,700 1,900 7,400 6,400 5,300 3,700
1\1/2\.................................................. 4,700 2,400 9,400 8,100 6,700 4,700
1\5/8\.................................................. 5,700 2,900 11,500 9,900 8,100 5,700
1\3/4\.................................................. 6,800 3,400 13,500 12,000 9,600 6,800
2....................................................... 8,200 4,100 16,500 14,500 11,500 8,200
2\1/8\.................................................. 9,700 4,800 19,500 16,500 13,500 9,700
2\1/4\.................................................. 11,000 5,500 22,000 19,000 15,500 11,000
2\1/2\.................................................. 12,500 6,300 25,500 22,000 18,000 12,500
2\5/8\.................................................. 14,500 7,100 28,500 24,500 20,000 14,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3B
------------------------------------------------------------------------
-------------------------------------------------------------------------
Polypropylene Rope and Rope Slings
------------------------------------------------------------------------
Load Capacity in Pounds (lbs.) Safety Factor = 6
Endless Sling
------------------------------------------------------------------------
Basket Hitch
------------------------------------------------------------------------
Angle of rope to horizontal
90 deg. 60 deg. 45 deg. 30 deg.
------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Angle of rope to vertical
Rope diameter nominal in. Vertical hitch Choker hitch ---------------------------------------------------------------
0 deg. 30 deg. 45 deg. 60 deg.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\................................................... 1,200 600 2,400 2,100 1,700 1,200
\9/16\.................................................. 1,500 750 2,900 2,500 2,100 1,500
\5/8\................................................... 1,800 900 3,500 3,100 2,500 1,800
\3/4\................................................... 2,400 1,200 4,900 4,200 3,400 2,400
\13/16\................................................. 2,800 1,400 5,600 4,900 4,000 2,800
\7/8\................................................... 3,300 1,600 6,600 5,700 4,600 3,300
1....................................................... 4,000 2,000 8,000 6,900 5,600 4,000
1\1/16\................................................. 4,600 2,300 9,100 7,900 6,500 4,600
1\1/8\.................................................. 5,200 2,600 10,500 9,000 7,400 5,200
1\1/4\.................................................. 6,000 3,000 12,000 10,500 8,500 6,000
1\5/16\................................................. 6,700 3,400 13,500 11,500 9,500 6,700
1\1/2\.................................................. 8,500 4,200 17,000 14,500 12,000 8,500
1\5/8\.................................................. 10,500 5,100 20,500 18,000 14,500 10,500
1\3/4\.................................................. 12,500 6,100 24,500 21,000 17,500 12,500
2....................................................... 15,000 7,400 29,500 25,500 21,000 15,000
2\1/8\.................................................. 17,500 8,700 35,500 30,100 24,500 17,500
2\1/4\.................................................. 19,500 9,900 39,500 34,000 28,000 19,500
2\1/2\.................................................. 23,000 11,500 45,500 39,500 32,500 23,000
2\5/8\.................................................. 25,500 13,000 51,500 44,500 36,500 25,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4A--Rated Load for Grade 80 Alloy Steel Chain Slings\1\ (Chain per NACM)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chain size nominal Single leg sling- Rated load double leg sling horizontal angle (note 2)
------------------------------------------------------------------------- 90 deg. to -----------------------------------------------------------
horizontal loading 60 deg. Double at 45 deg. Double at 30 deg. Double at
-------------------- 60 deg. 45 deg. 30 deg.
inch mm -----------------------------------------------------------
lb kg lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\........................................................... 7 3,500 1,570 6,100 2,700 4,900 2,200 3,500 1,590
\3/8\........................................................... 10 7,100 3,200 12,300 5,500 10,000 4,500 7,100 3,200
\1/2\........................................................... 13 12,000 5,400 20,800 9,400 17,000 7,600 1,200 5,400
\5/8\........................................................... 16 18,100 8,200 31,300 14,200 25,600 11,600 18,100 8,200
\3/4\........................................................... 20 28,300 12,800 49,000 22,300 40,000 18,200 28,300 12,900
\7/8\........................................................... 22 34,200 15,500 59,200 27,200 48,400 22,200 34,200 15,700
1............................................................... 26 47,700 21,600 82,600 37,900 67,400 31,000 47,700 21,900
1\1/4\.......................................................... 32 72,300 32,800 125,200 56,800 102,200 46,400 72,300 32,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
(1) Other grades of proof tested steel chain include Proof Coil (Grade 28), Hi-Test (grade 43 Chain, and Transport (grade 70) Chain. These grades are
not recommended for overhead lifting and therefore are not covered by this standard.
(2) Rating of multi-leg slings adjusted for angle of loading between the inclined leg and the horizontal plane of the load.
[[Page 316]]
Table 4B--Maximum Allowable Wear at any Point of Link
------------------------------------------------------------------------
Nominal chain or coupling link size Maximum allowable
-------------------------------------------------- wear of cross-
sectional diameter,
inch mm in.
------------------------------------------------------------------------
\1/4\.............................. 7 0.037
\3/8\.............................. 10 0.052
\1/2\.............................. 13 0.060
\5/8\.............................. 16 0.084
\3/4\.............................. 20 0.105
\7/8\.............................. 22 0.116
1.................................. 26 0.137
1\1/4\............................. 32 0.169
------------------------------------------------------------------------
Note: For other sizes, consult chain or sling manufacturer.
Table 5--Safe Working Loads for Shackles
[In tons of 2,000 pounds]
----------------------------------------------------------------------------------------------------------------
Material size Pin diameter
--------------------------------------------------------------------------------------------- Safe working load
Inches (cm) Inches (cm) in 2,000 lb tons
----------------------------------------------------------------------------------------------------------------
\1/2\........................... (1.3) \5/8\ (1.6) 1.4
\5/8\........................... (1.6) \3/4\ (1.9) 2.2
\3/4\........................... (1.9) \7/8\ (2.2) 3.2
\7/8\........................... (2.2) 1 (2.5) 4.3
1............................... (2.5) 1\1/8\ (2.9) 5.6
1\1/8\.......................... (2.9) 1\1/4\ (3.2) 6.7
1\1/4\.......................... (3.2) 1\3/8\ (3.5) 8.2
1\3/8\.......................... (3.5) 1\1/2\ (3.8) 10.0
1\1/2\.......................... (3.8) 1\5/8\ (4.1) 11.9
1\3/4\.......................... (4.4) 2 (5.1) 16.2
2............................... (5.1) 2\1/4\ (5.7) 21.2
----------------------------------------------------------------------------------------------------------------
Wire Rope Table--Rate Loads for Single Leg Slings 6x19 or 6x37 Classification Improved Plow Steel Grade Rope
With Fiber Core (FC)
[Rated loads [note 1], tons (2,000 lb)]
----------------------------------------------------------------------------------------------------------------
Vertical Choker
----------------------------------------------------------------------------------------------------------------
Rope diameter, inch HT MS S HT, MS&S
----------------------------------------------------------------------------------------------------------------
\1/4\........................................... 0.49 0.51 0.55 0.38
\5/16\.......................................... 0.78 0.79 0.85 0.6
\3/8\........................................... 1.1 1.1 1.2 0.85
\7/16\.......................................... 1.4 1.5 1.7 1.2
\1/2\........................................... 1.8 2.0 2.1 1.5
\9/16\.......................................... 2.3 2.5 2.7 1.9
\5/8\........................................... 2.8 3.1 3.3 2.3
\3/4\........................................... 3.9 4.4 4.8 3.3
\7/8\........................................... 5.2 6.0 6.4 4.5
1............................................... 6.7 7.7 4.8 5.9
1\1/8\.......................................... 8.4 9.5 11 7.4
1\1/4\.......................................... 10 12 13 9.0
1\3/8\.......................................... 12 14 15 11
1\1/2\.......................................... 15 17 18 13
1\5/8\.......................................... 17 19 21 15
1\3/4\.......................................... 20 22 25 17
2............................................... 26 29 32 22
----------------------------------------------------------------------------------------------------------------
HT=Hand Tucked Splice.
For Hidden Tuck Splice (IWRC), use vales in HT (FC) columns.
MS=Mechanical Splice.
S=Poured Socket or Swaged Socket.
Note: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be
reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be
considered.
[[Page 317]]
Wire Rope Table--Rated Loads for Single Leg Slings 6x19 or 6x37 Classification Extra Improved Plow Steel Grade
Rope With Independent Wire Rope Core (IWRC)
[Rated loads [note 1] , tons (2,000 lb)]
----------------------------------------------------------------------------------------------------------------
Vertical Choker Vertical basket
----------------------------------------------------------------------------------------------------------------
[Note (2)] [Note (3)]
Rope diameter, inch HT MS S HT, MS&S HT MS&S
----------------------------------------------------------------------------------------------------------------
\1/4\......................... 0.53 0.59 0.59 0.31 1.1 1.1
\5/16\........................ 0.82 0.87 0.92 0.64 1.6 1.7
\3/8\......................... 1.2 1.2 1.3 0.92 2.3 2.5
\7/16\........................ 1.5 1.7 1.8 1.2 3.1 3.4
\1/2\......................... 2.0 2.2 2.3 1.6 4.0 4.4
\9/16\........................ 2.5 2.8 2.9 2.0 1.9 5.5
\5/8\......................... 3.0 3.4 3.6 2.6 6.0 6.8
\3/4\......................... 4.2 4.9 5.1 3.6 8.4 9.7
\7/8\......................... 5.5 6.6 6.9 4.8 11 13
1............................. 7.2 8.5 9.0 6.3 14 17
1\1/8\........................ 9.0 10 11 7.9 18 20
1\1/4\........................ 11 13 14 9.7 22 26
1\3/8\........................ 13 15 17 12 27 31
1\1/2\........................ 16 18 20 14 32 37
1\5/8\........................ 18 21 23 16 37 43
1\3/4\........................ 21 25 27 19 43 49
2............................. 28 32 34 24 55 64
----------------------------------------------------------------------------------------------------------------
HT=Hand tucked Splice
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.
MS=Mechanical Splice. S=Poured Socket or Swaged Socket.
Notes:
(1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced.
If they are not vertical, the rated load shall be reduced. If two or more slings are used, the minimum
horizontal angle between the slings shall also be considered.
(2) These values only apply when the D/d ratio is 15 or greater.
(3) These values only apply when the D/d ratio is 25 or greater.
D=Diameter or curvature around which the body of the sling is bent. d=Diameter of rope.
Wire Rope Table-Rated Loads for Single Leg Slings 6x19 or 6x37 Classification Extra Improved Plow Steel Grade
Rope With Independent Wire Rope Core (IWRC)
[Rated loads [note 1], tons (2,000 lb)]
----------------------------------------------------------------------------------------------------------------
Vertical Choker Vertical basket
------------------------------------------------------------------------------------------------ [note (2)]
Rope diameter MS S MS&S ----------------
MS&S
----------------------------------------------------------------------------------------------------------------
\1/4\............................................ 0.65 0.68 0.48 1.3
\5/16\........................................... 1.0 1.1 .074 2.0
\3/8\............................................ 1.4 1.5 1.1 2.9
\7/16\........................................... 1.9 2.0 1.4 3.9
\1/2\............................................ 2.5 2.7 1.9 5.1
\9/16\........................................... 3.2 3.4 2.4 6.4
\5/8\............................................ 3.9 4.1 2.9 7.8
\3/4\............................................ 5.6 5.9 4.1 11
\7/8\............................................ 7.6 8.0 5.6 15
1................................................ 9.8 10 7.2 20
1\1/8\........................................... 12 13 9.1 24
1\1/4\........................................... 15 16 11 30
1\3/8\........................................... 18 19 13 36
1\1/2\........................................... 21 23 16 42
1\5/8\........................................... 24 26 18 49
1\3/4\........................................... 28 31 21 57
2................................................ 37 40 28 73
----------------------------------------------------------------------------------------------------------------
HT=Hand tucked Splice
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.
MS=Mechanical Splice.
S=Poured Socket or Swaged Socket.
Note: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be
reduced. If they are not vertical, the rated load shall be reduced. If two or more slings are used, the
minimum horizontal angle between the slings shall also be considered.
(2) These values only apply when the D/d ratio is 25 or greater.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40947, June 30, 2000]
[[Page 318]]
Appendix III to Part 1918--The Mechanics of Conventional Cargo Gear
(Non-mandatory)
Note: This appendix is non-mandatory and provides an explanation of
the mechanics in the correct spotting of cargo handling gear.
Although the most prevalent method of cargo handling is accomplished
through the use of modern shoreside container gantry cranes, there are
occasions when break-bulk cargo is handled with conventional ship's
cargo gear. This appendix provides a reference for those unfamiliar with
such cargo gear.
Sections 1918.52, 1918.53, and 1918.54 all address the subject of
rigging and operating vessel's cargo handling gear. It is important to
understand that under the Burton System of cargo handling (conventional
gear consisting of two cargo derricks with married falls), the midships
or up-and-down boom should be spotted as close to the fore and aft
centerline of the hatch as operationally possible. Such spotting of the
up-and-down boom will allow the most effective leads for the guy(s) and
preventer(s) to safely support the lateral stresses generated in the
boom(s) by the married falls. As the lead of the guy(s) and preventer(s)
approaches the vertical, in supporting the boom(s) head, the total
stress in the guy(s) increases rapidly due to the increased vertical
force that is generated in the guy(s) in order to counteract any
particular horizontal or lateral force exerted on the boom(s) head. The
appreciable vertical forces that are generated in this process are
transmitted, in substantial part, to the boom(s) and topping lift(s),
causing proportionate compressive stresses in the boom(s) and tension
stresses in the topping lift(s).
In general, guys and preventers must be located so that enough
vertical resistance is developed so as to prohibit the boom(s) from
jackknifing as cargo passes across the deck. Special care must be
exercised in the proper placement of guys and preventers associated with
the Burton or yard boom. Preventers, when used, must parallel as closely
as possible the guys that they support. Guys and preventers must not be
attached to the same fitting.
While under a load, the cargo falls (running rigging) must not be
permitted to chafe on any standing or other running gear. Special
attention must be paid to ensure that cargo runners work freely through
the heel block, without chafing the cheek of the block. Also, bobbing
chains and heel block preventers must be attached so as to not interfere
with the movement of the cargo runners.
Appendix IV to Part 1918--Special Cargo Gear and Container Spreader Test
Requirements (Mandatory) [see Sec. 1918.61 (f), (g), (h)]
Type gear Test requirement Tested by Proof test
----------------------------------------------------------------------------------------------------------------
A. All Special Cargo Handling Gear Purchased or Manufactured on or After January 21, 1998
----------------------------------------------------------------------------------------------------------------
1. Safe Working Load--greater Prior to initial OSHA accredited Up to 20 short 125% SWL.
than 5 short tons (10,000 lbs./ use. agency only. tons.
4.5 metric tons).
Prior to reuse From 20 to 50 5 short tons in
after structural short tons. excess of SWL.
damage repair.
Every four years OSHA accredited Over 50 short tons 110% SWL.
after initial agency or
proof load test. designated person.
2. Safe Working Load--5 short Prior to initial OSHA accredited 125% SWL.
tons or less. use. agency or
designated person.
Prior to reuse
after structural
damage repair.
3. Intermodal container Prior to initial OSHA accredited 125% SWL.
spreaders not part of vessel's use. agency only.
cargo handling gear.
Prior to reuse
after structural
damage repair.
Every four years OSHA accredited
after initial agency or
proof load test. designated person.
----------------------------------------------------------------------------------------------------------------
B. All Special Cargo Handling Gear in Use Prior to January 21, 1998 and Proof Load Tested Prior to Initial Use
(See Note Below)
----------------------------------------------------------------------------------------------------------------
1. Safe Working Load--greater Every four years OSHA accredited Up to 20 short 125% SWL.
than 5 short tons (10,000 lbs./ starting on agency or tons.
4540 kg.). January 21, 1998. designated person.
Prior to reuse OSHA accredited From 20 to 50 5 short tons in
after structural agency. short tons. excess of SWL.
damage repair.
Over 50 short tons 110% SWL.
[[Page 319]]
2. Safe Working Load--5 short Prior to reuse OSHA accredited 125% SWL.
tons or less. after structural agency or
damage repair. designated person.
3. Intermodal container Every four years OSHA accredited 125% SWL.
spreaders not part of vessel's starting on agency or
cargo handling gear. January 21, 1998. designated person.
Prior to reuse OSHA accredited
after structural agency..
damage repair.
----------------------------------------------------------------------------------------------------------------
Note to appendix IV: Special stevedoring gear in use prior to
January 21, 1998 was covered by Sec. 1918.61(b), in effect prior to
January 21, 1998. (See 29 CFR Parts 1911 to 1925 revised as of July 1,
1997). The assumption is made that gear in use prior to January 21,
1998, has already been proof load tested, although not necessarily by an
accredited agency. However, if the employer cannot certify that such
gear was proof load tested under Sec. 1918.61(b), in effect prior to
January 21, 1998, (See 29 CFR Parts 1911 to 1925 revised as of July 1,
1997), than it must be proof load tested in accordance with Sec.
1918.61 in effect on January 21, 1998, (See 29 CFR Parts 1911 to 1925
revised as of July 1, 1998.)
[65 FR 40950, June 30, 2000]
Appendix V to Part 1918--Basic Elements of a First Aid Training Program
(Non-mandatory)
Note: This appendix is non-mandatory and provides guidelines for
small businesses, institutions teaching first aid, and the recipients of
first aid training.
General Program Elements
A. Teaching Methods
1. Trainees should develop ``hands on'' skills through the use of
manikins and trainee partners during their training.
2. Trainees should be exposed to acute injury and illness settings
as well as the appropriate response to those settings through the use of
visual aids, such as video tape and slides.
3. Training should include a course workbook which discusses first
aid principles and responses to settings that require interventions.
4. Training duration should allow enough time for particular
emphasis on situations likely to be encountered in particular
workplaces.
5. An emphasis on quick response to first aid situations should be
incorporated throughout the program.
B. Principles of Responding to a Health Emergency
The training program should include instruction in:
1. Injury and acute illness as a health problem.
2. Interactions with the local emergency medical services system.
Trainees have the responsibility for maintaining a current list of
emergency telephone numbers (police, fire, ambulance, poison control)
easily accessible to all employees.
3. The principles of triage.
4. The legal aspects of providing first aid services.
C. Methods of Surveying the Scene and the Victim(s)
The training program should include instruction in:
1. The assessment of scenes that require first aid services
including:
a. general scene safety.
b. likely event sequence.
c. rapid estimate of the number of persons injured.
d. identification of others able to help at the scene.
2. Performing a primary survey of each victim including airway,
breathing, and circulation assessments as well as the presence of any
bleeding.
3. The techniques and principles of taking a victim's history at the
scene of an emergency.
4. Performing a secondary survey of the victim including assessments
of vital signs, skin appearance, head and neck, eye, chest, abdomen,
back, extremities, and medical alert symbols.
D. Basic Adult Cardiopulmonary Resuscitation (CPR)
Basic adult CPR training should be included in the program.
Retesting should occur every year. The training program should include
instruction in:
1. Establishing and maintaining adult airway patency.
2. Performing adult breathing resuscitation.
3. Performing adult circulatory resuscitation.
4. Performing choking assessments and appropriate first aid
interventions.
5. Resuscitating the drowning victim.
E. Basic First Aid Intervention
Trainees should receive instruction in the principles and
performance of:
1. Bandaging of the head, chest, shoulder, arm, leg, wrist, elbow,
foot, ankle, fingers, toes, and knee.
[[Page 320]]
2. Splinting of the arm, elbow, clavicle, fingers, hand, forearm,
ribs, hip, femur, lower leg, ankle, knee, foot, and toes.
3. Moving and rescuing victims including one and two person lifts,
ankle and shoulder pulls, and the blanket pull.
F. Universal Precautions
Trainees should be provided with adequate instruction on the need
for and use of universal precautions. This should include:
1. The meaning of universal precautions, which body fluids are
considered potentially infectious, and which are regarded as hazardous.
2. The value of universal precautions for infectious diseases such
as AIDS and hepatitis B.
3. A copy of OSHA's standard for occupational exposure to bloodborne
pathogens or information on how to obtain a copy.
4. The necessity for keeping gloves and other protective equipment
readily available and the appropriate use of them.
5. The appropriate tagging and disposal of any sharp item or
instrument requiring special disposal measures such as blood soaked
material.
6. The appropriate management of blood spills.
G. First Aid Supplies
The first aid provider should be responsible for the type, amount,
and maintenance of first aid supplies needed for their particular
worksite(s). These supplies need to be stored in a convenient area
available for emergency access.
H. Trainee Assessments
Assessment of successful completion of the first aid training
program should include instructor observation of acquired skills and
written performance assessments. First aid skills and knowledge should
be reviewed every three years.
I. Program Update
The training program should be periodically reviewed with current
first aid techniques and knowledge. Outdated material should be replaced
or removed.
Specific Program Elements
A. Type of Injury Training
1. Shock
Instruction in the principles and first aid intervention in:
a. shock due to injury.
b. shock due to allergic reactions.
c. the appropriate assessment and first aid treatment of a victim
who has fainted.
2. Bleeding
a. the types of bleeding including arterial, venous, capillary,
external, and internal.
b. the principles and performance of bleeding control interventions
including direct pressure, pressure points, elevation, and pressure
bandaging.
c. the assessment and approach to wounds including abrasions,
incisions, lacerations, punctures, avulsions, amputations, and crush
injuries.
d. the principles of wound care including infection precautions,
wounds requiring medical attention, and the need for tetanus
prophylaxis.
3. Poisoning
Instruction in the principles and first aid intervention of:
a. alkali, acid and systemic poisons. In addition, all trainees
should know how and when to contact the local Poison Control Center.
b. inhaled poisons including carbon monoxide, carbon dioxide, smoke,
and chemical fumes, vapors and gases as well as the importance of
assessing the toxic potential of the environment to the rescuer and the
need for respirators.
Trainees should be instructed in the acute effect of chemicals
utilized in their plants, the location of chemical inventories, material
safety data sheets (MSDS's), chemical emergency information, and
antidote supplies.
c. topical poisons including poison ivy, poison sumac, poison oak,
and insecticides.
d. drugs of abuse including alcohol, narcotics such as heroin and
cocaine, tranquilizers, and amphetamines.
4. Burns
Instruction in the principles and first aid intervention of:
a. assessing the severity of the burn including first degree, second
degree, and third degree burns.
b. differentiating between the types of third degree burns (thermal,
electrical, and chemical) and their specific interventions. Particular
attention should be focused upon chemical burns, and the use of specific
chemicals in the workplace which may cause them.
5. Temperature Extremes
Instruction in the principles and first aid intervention of:
a. exposure to cold including frostbite and hypothermia.
b. exposure to heat including heat cramps, heat exhaustion, and heat
stroke.
[[Page 321]]
6. Musculoskeletal Injuries
The training program should include instruction in the principles
and first aid intervention in:
a. open fractures, closed fractures, and splinting.
b. dislocations, especially the methods of joint dislocations of the
upper extremity. The importance of differentiating dislocations from
fractures.
c. joint sprains.
d. muscle strains, contusions, and cramps.
e. head, neck, back, and spinal injuries.
7. Bites and Stings
Instruction in the principles and first aid intervention in:
a. human and animal (especially dog and snake) bites.
b. bites and stings from insects (spiders, ticks, scorpions, hornets
and wasps). Interventions should include responses to anaphylactic
shock; other allergic manifestations; rabies and tetanus prophylaxis.
8. Medical Emergencies
Instruction in the principles and first aid intervention of:
a. heart attacks
b. strokes
c. asthma attacks
d. diabetic emergencies including diabetic coma, insulin shock,
hyperglycemia, and hypoglycemia.
e. seizures including tonic-clonic and absence seizures. Importance
of not putting gags in mouth.
f. pregnancy including the appropriate care of any abdominal injury
or vaginal bleeding.
9. Confined Spaces
a. the danger of entering a confined space to administer first aid
without having the appropriate respiratory protection.
b. if first aid personnel will be required to assist evacuations
from confined spaces, additional training will be needed.
B. Site of Injury Training
Instruction in the principles and first aid intervention of injuries
to the following sites:
1. Head and Neck
a. including skull fractures, concussions, and mental status
assessments with particular attention to temporary loss of consciousness
and the need for referral to a physician.
b. including the appropriate approach to the management of the
individual who has suffered a potential neck injury or fracture.
2. Eye
a. foreign bodies, corneal abrasions and lacerations.
b. chemical burns and the importance of flushing out the eye.
c. the importance of not applying antibiotics without physician
supervision.
3. Nose
a. nose injuries and nose bleeds.
4. Mouth and Teeth
a. oral injuries, lip and tongue injuries, and broken and removed
teeth. The importance of preventing inhalation of blood and teeth.
5. Chest
a. rib fractures, flail chest, and penetrating wounds.
6. Abdomen
a. blunt injuries, penetrating injuries, and protruding organs.
7. Hand, Finger, and Foot Injuries
a. finger/toe nail hematoma, lacerations, splinters, finger nail
avulsion, ring removal, and foreign bodies.
b. the importance of identifying amputation care hospitals in the
area. When an amputation occurs, appropriate handling of amputated
fingers, hands, and feet during the immediate transportation of the
victim and body part to the hospital.
PART 1919_GEAR CERTIFICATION
Subpart A_General Provisions
Sec.
1919.1 Purpose and scope.
1919.2 Definition of terms.
Subpart B_Procedure Governing Accreditation
1919.3 Application for accreditation.
1919.4 Action upon application.
1919.5 Duration and renewal of accreditation.
1919.6 Criteria governing accreditation to certificate vessels' cargo
gear.
1919.7 Voluntary amendment or termination of accreditation.
1919.8 Suspension or revocation of accreditation.
1919.9 Reconsideration and review.
Subpart C_Duties of Persons Accredited To Certificate Vessels' Cargo
Gear
1919.10 General duties; exemptions.
[[Page 322]]
1919.11 Recordkeeping and related procedures concerning records in
custody of accredited persons.
1919.12 Recordkeeping and related procedures concerning records in
custody of the vessel.
Subpart D_Certification of Vessels' Cargo Gear
1919.13 General.
1919.14 Initial tests of cargo gear and tests after alterations,
renewals or repairs.
1919.15 Periodic tests, examinations and inspections.
1919.16 Heat treatment.
1919.17 Exemptions from heat treatment.
1919.18 Grace periods.
1919.19 Gear requiring welding.
1919.20 Damaged components.
1919.21 Marking and posting of safe working loads.
1919.22 Requirements governing braking devices and power sources.
1919.23 Means of derrick attachment.
1919.24 Limitations on use of wire rope.
1919.25 Limitations on use of chains.
Subpart E_Certification of Vessels: Tests and Proof Loads; Heat
Treatment; Competent Persons
1919.26 Visual inspection before tests.
1919.27 Unit proof tests--winches, derricks and gear accessory thereto.
1919.28 Unit proof tests--cranes and gear accessory thereto.
1919.29 Limitations on safe working loads and proof loads.
1919.30 Examinations subsequent to unit tests.
1919.31 Proof tests--loose gear.
1919.32 Specially designed blocks and components.
1919.33 Proof tests--wire rope.
1919.34 Proof tests after repairs or alterations.
1919.35 Order of tests.
1919.36 Heat treatment.
1919.37 Competent persons.
Subpart F_Accreditation To Certificate Shore-Based Equipment
1919.50 Eligibility for accreditation to certificate shore-based
material handling devices covered by Sec. 1917.50 of this
chapter, safety and health regulations for marine terminals.
1919.51 Provisions respecting application for accreditation, action upon
the application, and related matters.
Subpart G_Duties of Persons Accredited To Certificate Shore-Based
Material Handling Devices
1919.60 General duties, exemptions.
Subpart H_Certification of Shore-Based Material Handling Devices
1919.70 General provisions.
1919.71 Unit proof test and examination of cranes.
1919.72 Annual examination of cranes.
1919.73 Unit proof test and examination of derricks.
1919.74 Annual examination of derricks.
1919.75 Determination of crane or derrick safe working loads and
limitations in absence of manufacturer's data.
1919.76 Safe working load reduction.
1919.77 Safe working load increase.
1919.78 Nondestructive examinations.
1919.79 Wire rope.
1919.80 Heat treatment.
1919.81 Examination of bulk cargo loading or discharging spouts or
suckers.
1919.90 Documentation.
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; and 29 CFR 1911.
Source: 39 FR 22096, June 19, 1974, unless otherwise noted.
Subpart A_General Provisions
Sec. 1919.1 Purpose and scope.
(a) The regulations in this Part implement Sec. Sec. 1915.115,
1917.50 and 1918.11 of this chapter. They provide procedures and
standards governing accreditation of persons by the Occupational Safety
and Health Administration, U.S. Department of Labor, for the purpose of
certificating vessels' cargo gear and shore-based material handling
devices, and the manner in which such certification shall be performed.
(b) Accreditation is not required, and the regulations of this part
are not applicable, under the following circumstances:
(1) When cargo gear certification is performed for vessels inspected
and certificated under the authority of the
[[Page 323]]
U.S. Coast Guard, \1\ or for foreign vessels certificated under the
requirements of a foreign nation or by persons acceptable for
certification purposes by a foreign nation.
---------------------------------------------------------------------------
\1\ Jurisdiction of the U.S. Coast Guard extends to matters within
the scope of title 52 of the Revised Statutes and Acts supplementary or
amendatory thereto (46 U.S.C. 1-1388, passim); to matters within the
regulatory authority of the U.S. Coast Guard under the provisions of the
Espionage Act of June 15, 1917, as amended (40 Stat. 220; 50 U.S.C. 191
et seq.; 22 U.S.C. 401 et seq.) or to matters within the regulatory
authority of the U.S. Coast Guard under section 4(e) of the Outer
Continental Shelf Lands Act of Aug. 7, 1953 (67 Stat. 462; 43 U.S.C.
1333).
---------------------------------------------------------------------------
(2) When cargo gear certification is performed for shore-based
material handling devices under standards established and enforced by
the States wherein the devices are located, or by political subdivisions
delegated this responsibility by the States, provided such standards
meet the requirements of Sec. 1917.50(b)(2) of this chapter.
(c) Persons not required to be accredited for gear certification
purposes, as set forth in paragraph (b) of this section, may,
nevertheless, apply for and receive accreditation by the Administration.
The appropriate subparts of this part shall apply to persons accredited
pursuant to this paragraph except insofar as exemptions may be granted.
[39 FR 22096, June 19, 1974, as amended at 65 FR 40951, June 30, 2000]
Sec. 1919.2 Definition of terms.
(a) Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation
on water, including special-purpose floating structures not primarily
designed for or used as a means of transportation on water.
(b) Except as otherwise noted, cargo gear, as used in subparts B
through E of this part, includes that gear forming a part of a vessel's
equipment which is used for the handling of cargo other than bulk
liquids, but does not include gear which is used only for handling or
holding hoses, handling ships' stores, or handling the gangway, or boom
conveyor belt.
(c) With reference to equipment covered by this part--
(1) Derrick means:
(i) When applied to vessels' cargo handling gear, a mechanical
device for lifting, including a boom which is suspended at its head by a
topping lift from a mast, king post, or similar structure, controlled in
the horizontal plane by vangs, and used either singly or in pairs with
married falls;
(ii) When applied to shore-based material handling devices, a
mechanical device intended for lifting, with or without a boom supported
at its head by a topping lift from a mast, fixed A frame, or similar
structure. The mast or equivalent member may or may not be supported by
guys or braces. The boom, where fitted, may or may not be controlled in
the horizontal plane by guys (vangs). The term includes shear legs.
(2) Crane means a mechanical device, intended for lifting or
lowering a load and moving it horizontally, in which the hoisting
mechanism is an integral part of the machine. A crane may be a fixed or
mobile machine.
(3) Bulk cargo spout means a spout which may or may not be
telescopic and may or may not have removable sections, but is suspended
over the vessel from some overhead structure by wire rope or other
means. Such a spout is often used with a ``thrower'' or ``trimming
machine''. A grain loading spout is an example of those covered by this
definition.
(4) Bulk cargo sucker means a pneumatic conveyor which utilizes a
spoutlike device, which may be adjustable vertically and/or laterally,
and which is suspended over a vessel from some overhead structure by
wire rope or other means. An example of an installation of this nature
is the ``grain sucker'' used to discharge grain from barges.
(d) Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or his
authorized representative.
(e) Administration means the Occupational Safety and Health
Administration, U.S. Department of Labor.
[[Page 324]]
(f) Person includes any individual, partnership, corporation,
agency, association, or organization.
(g) Competent person means:
(1) An individual qualified to perform gear certification functions
with respect to vessels' cargo handling gear, as specifically set forth
in Sec. 1919.37.
(2) An individual qualified under the provisions of subparts F and G
of this part to perform gear certification functions with respect to
shore-based material handling devices.
(h) Ton means a ton of 2,240 pounds when applied to vessels' cargo
handling gear, and a ton of 2,000 pounds when applied to shore-based
material handling devices or to shore-type cranes permanently mounted
aboard barges or other vessels employed in domestic trade and designed
on the basis of the 2,000-pound ton. Capacity ratings may be stated in
pounds.
(i) Nondestructive examination means examination of structure or
parts by electronic, ultrasonic, or other nondestructive examination
suitable for the purpose.
Subpart B_Procedure Governing Accreditation
Sec. 1919.3 Application for accreditation.
(a) Application. Any person seeking accreditation shall file an
original and duplicate copy of an application for accreditation with the
Assistant Secretary of Labor for Occupational Safety and Health, United
States Department of Labor, Washington, D.C. 20210, on a form provided
by the Administration for this purpose. Each application shall be signed
and certified by the applicant and, if the applicant is an agency or
organization, by a responsible officer of such agency or organization.
(b) Contents of application. The application form shall include the
following information:
(1) A statement detailing the applicable types of work performed by
the applicant in the past, noting the amount and extent of such work
performed within the previous three years, listing representative
vessels involved, and including representative job orders, if available,
or equivalent evidence;
(2) Descriptive details concerning any testing instruments and heat
treatment furnaces which are to be used in conducting required tests or
heat treatments. Test reports indicating that instruments meet the
accuracy standards set forth in this part shall be included;
(3) A list setting forth the ports in which applicant currently
conducts his business as well as those in which he proposes to conduct
gear certification activities;
(4) A list of the applicant's responsible qualified personnel, both
supervisory and managerial and including any surveyors, with resumes of
their individual experience in the testing, examination, inspection and
heat treatment of cargo gear. Such list shall include any branch office
personnel or surveyors appointed to act in the applicant's behalf in any
of the ports of the United States: Provided, however, That where the
submission of individual resumes would be unduly burdensome because of
the large number of persons engaged in the applicant's behalf, the
applicant, after stating this fact, need only submit a list of its
personnel together with a detailed statement of the qualifications upon
which the appointment of surveyors is based;
(5) A detailed schedule of the fees proposed to be charged for the
various gear certification services;
(6) Evidence of financial stability;
(7) Names of at least three business references who will furnish
information regarding work performed by applicant;
(8) Any additional information the applicant deems to be pertinent.
(Section 1919.3 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control No.
1218-0003)
[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]
Sec. 1919.4 Action upon application.
(a) Upon receipt of an application for accreditation, the Assistant
Secretary shall approve or deny the application. The Assistant Secretary
may conduct an investigation, which may include a hearing, prior to
approving or denying an application. To the extent he deems appropriate,
the Assistant Secretary may provide an opportunity to other interested
persons to present data and
[[Page 325]]
views on the application prior to approval or denial.
(b) Any application which fails to present the information required
by the prescribed form may be returned to the applicant with a notation
of deficiencies and without prejudice to submission of a new or revised
application.
(c) If the application is approved, notice of approval shall be
mailed to the applicant. If the application is denied, notice of such
denial shall be mailed to the applicant and such denial shall be without
prejudice to any subsequent application except where such action is
deemed to be in the public interest. In the event an application is
denied with prejudice, the provisions of Sec. 1919.9 shall be
applicable.
(d) A copy of the notice of accreditation shall be kept on file by
applicant at the applicant's place of business.
Sec. 1919.5 Duration and renewal of accreditation.
The period of accreditation shall not exceed three years.
Applications for renewal of accreditation shall be made on the same form
as described in Sec. 1919.3. No accreditation shall expire until action
on an application for renewal shall have been finally determined,
provided that such application has been properly executed in accordance
with Sec. 1919.3 and filed with and received by the Assistant Secretary
not less than 15 nor more than 60 days prior to the expiration date. A
final determination means either the approval or initial denial of the
application for renewal. The procedure specified in Sec. 1919.4 shall
be applicable to all applications for renewal.
Sec. 1919.6 Criteria governing accreditation to certificate vessels'
cargo gear.
(a)(1) A person applying for accreditation to issue registers and
pertinent certificates, to maintain registers and appropriate records,
and to conduct initial, annual and quinquennial surveys, shall not be
accredited unless that person is engaged in one or more of the following
activities:
(i) Classification of vessels;
(ii) Certification of vessels' cargo gear;
(iii) Shipbuilding or ship repairing, or both insofar as related to
work on vessels' cargo handling gear;
(iv) Unit and loose gear testing of vessels' cargo handling gear.
(2) Applicants for accreditation under paragraph (a)(1) of this
section for operations in coastal or Great Lakes ports who come within
paragraph (a)(1) (ii) or (iv) shall not be accredited unless they
conduct at least 1,500 hours of cargo gear certification work per year.
(b) A person applying for accreditation to carry out tests of loose
gear or wire rope, or both, or to carry out heat treatments, and to
issue the related certificates, shall be engaged in one or both of the
following activities:
(1) Testing of loose gear or wire rope, or both;
(2) Heat treatment of chains and loose cargo gear.
(c)(1) A person applying for accreditation shall be staffed by
individuals technically qualified to conduct the inspections and
examinations and to conduct or supervise tests and heat treatments
prescribed in this part. Any representatives, agents or surveyors acting
on behalf of a person applying for accreditation in ports in which such
operations are conducted shall be similarly qualified.
(2) Accreditation to conduct such nondestructive examination as may
be a part of any certification activity may be granted to applicants
found competent and equipped to carry out this activity.
(d) Except as noted in Sec. 1919.1(c), and unless exemptions are
granted under Sec. 1919.10(h), a person applying for accreditation as
specified in paragraph (a) of this section shall be prepared to carry
out all of the requirements of subparts C, D, and E, of this part except
that loose gear and wire rope tests and heat treatments may be carried
out by the manufacturer of the gear concerned or by another person
accredited specifically for this purpose.
(e) A person applying for accreditation shall have a satisfactory
record of performance, and shall be in sound financial condition.
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
[[Page 326]]
Sec. 1919.7 Voluntary amendment or termination of accreditation.
The accreditation of any person may be voluntarily amended or
terminated upon written request filed with the Assistant Secretary.
Sec. 1919.8 Suspension or revocation of accreditation.
The Assistant Secretary may suspend or revoke the accreditation of
any person for cause. Except in cases of willfulness or cases in which
the public interest requires otherwise, before any accreditation is
suspended or revoked, facts or conduct which may warrant such action
shall be called to the attention of the person involved in writing and
that person shall be afforded an opportunity to achieve or demonstrate
appropriate compliance.
Sec. 1919.9 Reconsideration and review.
(a) Any person aggrieved by the action of the Assistant Secretary or
his authorized representative in denying, granting, suspending or
revoking an accreditation under this part may within 15 days after such
action, (1) file a written request for reconsideration thereof by the
Assistant Secretary or the authorized representative of the Assistant
Secretary who made the decision in the first instance, or (2) file a
written request for review of the decision by the Assistant Secretary or
an authorized representative of the Assistant Secretary, who has taken
no part in the action which is the subject for review.
(b) A request for reconsideration shall be granted where the
applicant shows that there is additional evidence which may materially
affect the decision and that there were reasonable grounds for failure
to adduce such evidence in the original proceedings.
(c) Any person aggrieved by the action of the Assistant Secretary or
authorized representative of the Assistant Secretary in denying a
request for reconsideration may, within 15 days after the denial of such
request, file with the Assistant Secretary or his authorized
representative a written request for review.
(d) Any person aggrieved by the reconsidered determination of the
Assistant Secretary or authorized representative of the Assistant
Secretary, may within 15 days after such determination, file with the
Assistant Secretary a written request for review.
(e) A request for review shall be granted where reasonable grounds
for the review are set forth in the request.
(f) If a request for reconsideration or review is granted, all
interested persons shall be afforded an opportunity to present their
views.
(g) No cargo gear certification function shall be performed by any
person seeking reconsideration or review under this section pending the
final decision with respect to such reconsideration or review.
Subpart C_Duties of Persons Accredited To Certificate Vessels' Cargo
Gear
Sec. 1919.10 General duties; exemptions.
(a) Except as noted in Sec. 1919.1 and in paragraph (h) of this
section, the requirements set forth in subparts D and E of this part
shall be strictly adhered to in all testing, examinations, inspections,
and heat treatments.
(b) Supervision of all testing, examinations, inspections, and heat
treatments shall be carried out only by such persons as are listed in
the application for accreditation, or subsequent supplements thereto,
submitted pursuant to this part.
(c) The certificates issued by an accredited person shall be signed
and all register entries made only by an authorized agent of such
accredited person. No certification shall be issued until any
deficiencies considered by the accredited person to constitute a
currently unsatisfactory condition have been corrected. Replacement
parts shall be of equal or better quality as original equipment and
suitable for the purpose. In the event deficiencies remain uncorrected
and no certification may therefore be issued, the accredited person
shall inform the nearest District Office of the Administration of the
circumstances.
(d) Dynamometers or other recording test equipment owned by an
accredited person shall have been tested for accuracy within the six
months next preceding application for accreditation or
[[Page 327]]
renewal of same. Such test shall be performed with calibrating equipment
which has been checked in turn so that indications are traceable to the
National Bureau of Standards. A copy of test reports shall accompany the
application. Where test equipment is not the property of the accredited
person, that person shall not issue any certificate based upon the use
of such equipment unless its owner has made available a certificate of
accuracy based on the requirements of this paragraph, obtained within 1
year prior to such use and stating the errors of the equipment.
Reasonable standards of accuracy shall be met and proof loads adjusted
as necessary.
(e) An accredited person shall, upon request, provide the nearest
local office of the Administration with advance information as to
scheduled testing or of such other functions as are performed and
facilitate the Administration's observation of any such activities as it
may desire to witness: Provided, however, That tests need not be
delayed, except when specifically requested by the Administration under
unusual circumstances.
(f) All cargo gear registers or certificates issued by an accredited
person shall be made on forms prescribed or approved by the
Administration.
(g) Unless otherwise instructed by the Assistant Secretary in
specific instances, any person accredited under Sec. 1919.6(a) shall
accept certificates, relating to loose gear or wire rope tests or to
heat treatments which are issued by the manufacturer of the gear
concerned, by another person accredited specifically by the Assistant
Secretary for this purpose, or by any other person whose certificates
are acceptable to the Administration. Such certificates shall either be
attached as a part of the vessel's certification or shall be used as the
basis for the issuance of the accredited person's own loose gear, wire
rope, or heat treatment certificates. In the latter case, the original
certificates shall be kept on file by the accredited person as part of
the permanent record of the vessel concerned.
(h) In case of practical difficulties or unnecessary hardships, the
Assistant Secretary in his discretion may grant exemptions from any
provision of subparts C, D, and E of this part.
Sec. 1919.11 Recordkeeping and related procedures concerning records
in custody of accredited persons.
(a) An accredited person shall maintain records of all work
performed under subparts D and E of this part.
(b) An accredited person shall maintain a continuous record of the
status of the certification of each vessel issued a register by such
person.
(c) The records required in paragraphs (a) and (b) of this section
shall be available for examination by the Assistant Secretary.
(d) When annual or quinquennial tests, inspections, examinations, or
heat treatments are performed by an accredited person, other than the
person who originally issued the vessel's register, such accredited
person shall furnish copies of any certificates issued and information
as to register entries to the person originally issuing the register.
(e) An accredited person shall inform the nearest local office of
the Administration whenever a vessel is initially certificated under
these regulations and a register in the prescribed form has been issued.
(f) A copy of each certificate relating to unit tests or thorough
examinations, except those issued by the manufacturer and those issued
by accredited persons outside of the United States, shall be sent to the
nearest local office of the Administration within 10 days after
issuance. Such records shall form a part of the Administration's file on
the accredited person.
(g) An accredited person shall promptly notify the nearest local
office of the Administration with respect to any changes in technical
personnel, in fee schedules in geographical areas in which operations
are conducted, or other pertinent substantial changes in its
organization or operations.
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
[[Page 328]]
Sec. 1919.12 Recordkeeping and related procedures concerning records
in custody of the vessel.
(a) A fully completed and up-to-date register shall be kept in the
form prescribed or approved by the Administration, giving the
particulars required with respect to:
(1) The inspections and thorough examinations required by Sec.
1919.15(a) and (b).
(2) The thorough examinations required by Sec. 1919.15(c).
(3) The thorough examinations required by Sec. 1919.17.
(4) The heat treatment required by Sec. 1919.16 (a) and (b), and
Sec. 1919.19.
(b) Certificates in the form prescribed or approved by the
Administration shall be kept up-to-date, be attached to the register,
and shall contain the particulars required with respect to:
(1) The testing and examinations required by Sec. Sec. 1919.14,
1919.15(a), and 1919.19.
(2) The heat treatment required by Sec. Sec. 1919.16 and 1919.19.
(c) The certificates and entries in the register shall be signed by
a person qualified under Sec. 1919.37.
(d) Adequate means shall be provided to enable persons examining the
register, or any certificate attached thereto, to identify items of
cargo gear referred to therein. Small items of gear, such as shackles,
shall bear a mark to indicate that they have been initially tested.
(e) Records shall be kept aboard vessels identifying wire rope or
articles of loose gear obtained from time to time and required to be
certificated under the regulations of this part.
(f) An accredited person shall instruct the vessel's officers, or
the vessel's operator if the vessel is unmanned, that the vessel's
register and certificates shall be preserved for at least 5 years after
the date of the latest entry except in the case of nonrecurring test
certificates concerning gear which is kept in use for a longer period,
in which event the pertinent certificates shall be retained so long as
that gear is continued in use.
(g) In cases where derricks, spouts, suckers, or cranes are mounted
permanently aboard barges which remain in domestic inland waters
service, the certification documentation shall comply with the
provisions of Sec. 1919.90 of this part.
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
Subpart D_Certification of Vessels' Cargo Gear
Sec. 1919.13 General.
(a) Except as noted in Sec. 1919.1 and as provided in exemptions
under Sec. 1919.10(h), certification performed by accredited persons
shall conform to the requirements contained in this subpart.
(b) Safe working loads assigned to assembled units of gear, shall be
based on applicable design criteria acceptable to the accredited person.
Where no design data on which to base a rating is obtainable, the safe
working load ratings assigned shall be based on the owner's information
and warranty that those so assigned are correct. Unit test certificates
shall state the basis for any such safe working load assignment.
Sec. 1919.14 Initial tests of cargo gear and tests after alterations,
renewals or repairs.
(a)(1) Before being taken into use, hoisting machines, fixed gear
aboard vessels accessory thereto, and loose gear and wire rope used in
connection therewith shall be tested and examined and the safe working
load thereof certified in the manner set forth in subpart E of this
part.
(2) Replacement or additional loose gear and wire rope obtained from
time to time shall also be tested and examined in the manner set forth
in paragraph (a)(1) of this section. However, the replacement of a
component part of an article of loose gear such as a sheave, pin, or
bushing does not require a new test certificate as long as the new
component at least equals in all particulars the part replaced.
(b) In the case of untested gear which has been in use, an initial
test in conformance with paragraph (a)(1) of this section shall be
carried out: Provided, however, That existing standing rigging and wire
rope will not be required to be
[[Page 329]]
tested but shall be thoroughly examined to ascertain its fitness for
continued use in conformance with the requirements of Sec. Sec. 1919.24
and 1919.25.
(c) In the case of important alterations or renewals of the
machinery and gear and also after repairs due to failure of or damage to
other than loose components, a test as required in paragraph (a)(1) of
this section shall be carried out.
(d) If the operation in which cargo gear is engaged never utilizes
more than a fraction of the safe working load rating, the owner may, at
his option, have said gear certificated for, and limited in operation
to, a lesser maximum safe working load: Provided, however, That the gear
concerned is physically capable of operation at the original load rating
and the load reduction is not for the purpose of avoiding correction of
any deficiency.
(e) In no case shall safe working loads be increased beyond the
original design limitations unless such increase is based on engineering
calculations by or acceptable to the accredited certification agency,
and all necessary structural changes are carried out.
Sec. 1919.15 Periodic tests, examinations and inspections.
After being taken into use, every hoisting machine, all fixed gear
aboard vessels accessory thereto and loose gear used in connection
therewith shall be tested, thoroughly examined or inspected as follows:
(a) Derricks with their winches and accessory gear, including the
attachments, as a unit; and cranes and other hoisting machines with
their accessory gear, as a unit, shall be tested and thoroughly examined
every 5 years in the manner set forth in subpart E of this part.
(b) Derricks, their permanent attachments and any other fixed gear,
the dismantling of which is especially difficult, shall be visually
inspected every twelve months. In order to facilitate such inspection,
all derricks shall be lowered.
(c) All hoisting machines (e.g., cranes, winches, blocks, shackles,
and all other accessory gear) not included in paragraph (b) of this
section shall be thoroughly examined every 12 months by means of a
visual examination, supplemented as necessary by other means, such as a
hammer test or with electronic, ultrasonic, or other nondestructive
methods, carried out as carefully as conditions permit in order to
arrive at a reliable conclusion as to the safety of the parts examined.
Particular attention shall be paid to the suitability for continued use
of all swivels and the pins and bushings of blocks. If necessary, parts
of the machines or gear shall be dismantled. If blocks are disassembled,
all shell bolt nuts shall be securely locked upon reassembly.
(d) Where a derrick or crane is mounted on a barge hull, and ballast
tanks within the hull are used to facilitate use of the derrick or
crane, or uncontrolled free surface may be a factor, each annual
inspection or examination, as required, shall include such inspection as
is necessary for the purpose of determining the integrity of any
internals contributing to stability under conditions of use. The owner
shall provide the accredited person with necessary information on any
ballasting arrangements required.
(e) Annual inspection or examination, as required, shall include,
among other things, examination of the following:
(1) Derrick heel attachment points. Heel pins may, if possible, be
examined by nondestructive examination.
(2) Shrouds and stays necessary in the use of the gear, together
with attachment points.
(3) Deck fittings for the securing of vangs, topping lifts, and/or
preventers.
(4) Means of attachment to the hull of ``A'' frame or other fixed
derrick or crane structure and of mobile types of equipment permanently
placed aboard the barge or vessel.
(5) Clamshell buckets or other similar equipment, such as magnets,
etc., used in conjunction with a derrick or crane mounted aboard a
vessel, with particular attention to closing line wires and sheaves. The
accredited person may supplement such examination by requesting any
operational tests he may deem appropriate.
[[Page 330]]
(6) Winch and other operating drums for excessive wear or defect.
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
Sec. 1919.16 Heat treatment.
(a) All chains (other than bridle chains attached to derricks or
masts), rings, hooks, shackles, and swivels made of wrought iron, which
are used in hoisting or lowering, shall be annealed in accordance with
Sec. 1919.36 at the following intervals:
(1) Half-inch and smaller chains, rings, hooks, shackles and swivels
in general use, at least once every six months; and
(2) All other chains, rings, hooks, shackles, and swivels in general
use, at least once every twelve months.
(3) In the case of gear used solely on lifting machinery worked by
hand, twelve months shall be substituted for six months in paragraph
(a)(1) of this section and two years for twelve months in paragraph
(a)(2) of this section.
(4) When used in this paragraph, the term ``in general use'' means
used on fifty-two or more days in a year. In any case, however, the
period between annealings shall not exceed two years.
(b) Chains, rings, hooks, shackles, and swivels made of material
other than wrought iron or steel shall be heat treated when necessary in
accordance with Sec. 1919.36(b).
Sec. 1919.17 Exemptions from heat treatment.
Gear made of steel, or gear which contains (as in ball bearings
swivels), or is permanently attached to (as with blocks) equipment made
of materials which cannot be subjected to heat treatment shall be exempt
from the requirements of Sec. 1919.16. Such gear, however, shall be
thoroughly examined in the manner described in Sec. 1919.15(c).
Sec. 1919.18 Grace periods.
Grace periods allowed in connection with the requirements of this
subpart are as follows:
(a) Annual or six-month requirements--by the end of the voyage
during which they become due;
(b) Quinquennial requirements--within six months after the date when
due;
(c) Grace periods shall not be deemed to extend subsequent due
dates.
[39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011]
Sec. 1919.19 Gear requiring welding.
Chains or other gear which have been lengthened, altered or repaired
by welding shall be properly heat treated where necessary, and, before
again being put into use, shall be tested and reexamined in the manner
set forth in subpart E of this part.
Sec. 1919.20 Damaged components.
(a) Pursuant to Sec. 1918.51(b) of this chapter, any derrick or
associated permanent fitting which is deformed in service between
surveys shall be subjected to proof test to determine its suitability
for continued service. If a proof test indicates that the derrick or
associated permanent fitting may be continued in service without repair,
a note of the existing deformity shall be made on the test certificate.
When, in the opinion of the accredited person, it is unsafe to conduct a
proof test with an existing deformity, the derrick or associated
permanent fitting shall be replaced or repaired and then subjected to
proof test in accordance with subpart E of this part.
(b) Any loose gear components which are injured or deformed by a
proof load shall be replaced before a certificate is issued.
(c) Any derrick, other fixed installation, or associated permanent
fitting which is injured or deformed by a proof load shall be replaced
or repaired and another proof load test shall be conducted without
damage before a certificate is issued.
Sec. 1919.21 Marking and posting of safe working loads.
(a) The safe working load of the assembled gear and the minimum
angle to the horizontal at which this load may be applied shall be
plainly marked at the heels of all booms along with the date of the
test. Where gear is certificated for use in union purchase, the union
purchase safe working load shall also be plainly marked. Any limitations
shall be noted in the vessel's papers.
[[Page 331]]
(b) The safe working load shall be marked on all blocks used in
hoisting or lowering.
(c) When the capacity of the boom of a crane or derrick has been or
will be rated in accordance with the variance of its radius, the maximum
safe working loads for the various working angles of the boom and the
maximum and minimum radii at which the boom may be safely used shall be
conspicuously posted near the controls and visible to the crane
operator. Ratings may be stated in pounds. When they are stated in tons
of 2,000 pounds, this fact shall be indicated.
Sec. 1919.22 Requirements governing braking devices and power sources.
All types of winches and cranes shall be provided with means to stop
and hold the proof load in any position, and the efficiency of such
means shall be demonstrated. Electric winches, electrohydraulic winches
fitted with electromagnetic or hydraulic brakes at the winch, or
electric cranes shall be equipped so that a failure of the electric
power shall stop the motion and set the brakes without any action on the
part of the operator. Current for operation of electric winches and
cranes during the tests shall be taken from the vessel's circuits. Shore
current may be used if it passes through the vessel's main switchboard.
Sec. 1919.23 Means of derrick attachment.
Appropriate measures shall be taken to prevent the foot of a derrick
from being accidentally lifted from its socket or support during the
test.
Sec. 1919.24 Limitations on use of wire rope.
(a) An eye splice made in any wire rope shall have at least three
tucks with a whole strand of rope and two tucks with one-half of the
wires cut out of each strand. However, this requirement shall not
operate to preclude the use of another form of splice or connection
which can be shown to be as efficient and which is not prohibited by
part 1918 of this chapter.
(b) Except for eye splices in the ends of wires, each wire rope used
in hoisting or lowering, in guying derricks, or as a topping lift,
preventer or pendant shall consist of one continuous piece without knot
or splice.
(c) Eyes in the ends of wire rope cargo falls shall not be formed by
knots and, in single part falls, shall not be formed by wire rope clips.
(d) The ends of falls shall be secured to the winch drums by clamps,
U-bolts, shackles or some other equally strong method. Fiber rope
fastenings shall not be used.
(e) Wire rope shall not be used for the vessel's cargo gear if in
any length of eight diameters, the total number of visible broken wires
exceeds 10 percent of the total number of wires, or if the rope shows
other signs of excessive wear, corrosion, or defect. Particular
attention shall be given to the condition of those sections of wire rope
adjacent to any terminal connections, those sections exposed to abnormal
wear, and those sections not normally exposed for examination.
Sec. 1919.25 Limitations on use of chains.
Chains forming a part of vessel's cargo gear shall not be used when,
due to stretch, the increase of length of a measured section exceeds
five percent, when a link is damaged, or when other external defects are
evident. Chains shall not be shortened by bolting, wiring, or knotting.
Subpart E_Certification of Vessels: Tests and Proof Loads; Heat
Treatment; Competent Persons
Sec. 1919.26 Visual inspection before tests.
Before any test under this subpart E is carried out, a visual
inspection of the gear involved shall be conducted and any visibly
defective gear shall be replaced or repaired. The provisions of Sec.
1919.15(d) shall be adhered to.
Sec. 1919.27 Unit proof tests--winches, derricks and gear accessory
thereto.
(a) Winches, with the whole of the gear accessory thereto (including
derricks, goosenecks, eye plates, eye bolts, or other attachments),
shall be tested with a proof load which shall exceed the safe working
load as follows:
[[Page 332]]
------------------------------------------------------------------------
Safe working load Proof load
------------------------------------------------------------------------
Up to 20 tons............................ 25 percent in excess.
20-50 tons............................... 5 tons in excess.
Over 50 tons............................. 10 percent in excess.
------------------------------------------------------------------------
(b) The proof load shall be lifted with the vessel's normal tackle
with the derrick at an angle not more than 15 degrees to the horizontal,
or, at the designed minimum angle when this is greater, or, when this is
impracticable, at the lowest practicable angle. The angle at which the
test was made shall be stated in the certificate of test. After the
proof load has been lifted, it shall be swung as far as possible in both
directions. In applying the proof load, the design factors of the gear
concerned will determine whether the load is applied with a single part
fall or with a purchase and the certificate of test shall state the
means used. Where winches are fitted with mechanical brakes for manual
operation they shall be demonstrated to be in satisfactory operating
condition.
(c) In the case of heavy lift derrick barges, proof loads shall be
applied, except as limited by design and stability considerations, at
the maximum and minimum radii for which designed, as well as at any
intermediate radius which the surveyor may deem necessary, and shall be
swung as far as possible in both directions. Data with respect to each
proof load applied shall be entered in the test certificate.
(d) No items of cargo gear furnished by outside sources shall be
used as a part of the vessel's gear for the purpose of accomplishing the
proof test.
(e) All tests prescribed by this section should in general be
carried out by dead load, except that in the case of quadrennial tests,
replacements, or renewals, spring or hydraulic balances may be used
where dead loads are not reasonably available. However, no exception
shall be allowed in the case of gear on new vessels.
(f) The test shall not be regarded as satisfactory unless the
indicator remains constant under the proof load for a period of at least
5 minutes.
(g)(1) The safe working load, determined pursuant to the
requirements of this section, shall be applicable only to a swinging
derrick. When using two fixed derricks in ``union purchase'' rigs, the
safe working load should generally be reduced. It is recommended that
owners obtain union purchase safe working load certification based upon
design study and analysis by, or acceptable to, a qualified technical
office of an accredited gear certification agency, with the recognition
that such determinations are valid only for the conditions contemplated
in the analysis.
(2) Where both guys and preventers are fitted, union purchase
certification shall state whether the guy or the preventer is the
working strength member, when the guy is for slewing only, and when the
guy and preventer should share working loads as far as practicable.
(h) When necessary in the proof testing of heavy derricks, the
appropriate shrouds and stays shall be rigged.
Sec. 1919.28 Unit proof tests--cranes and gear accessory thereto.
(a) Except as noted in paragraph (e) of this section, cranes and
other hoisting machines, together with gear accessory thereto, shall be
tested with a proof load which shall exceed the safe working load as
follows:
------------------------------------------------------------------------
Safe working load Proof load
------------------------------------------------------------------------
Up to 20 tons............................ 25 percent in excess.
20-50 tons............................... 5 tons in excess.
Over 50 tons............................. 10 percent in excess.
------------------------------------------------------------------------
(b) The proof load shall be lifted and swung as far as possible in
both directions. If the jib or boom of the crane has a variable radius,
it shall be tested with proof loads, as specified in paragraph (a) of
this section, at the maximum and minimum radii. In the case of hydraulic
cranes, when due to the limitation of pressure it is impossible to lift
a load 25 percent in excess of the safe working load, it will be
sufficient to lift the greatest possible load.
(c) Initial proof tests of new cranes shall be made only with a dead
load as specified in paragraph (b) of this section.
(d) Initial tests of cranes which have been in service, quadrennial
tests, or tests associated with replacements or renewals, may be made
with spring or hydraulic balances where dead loads are not reasonably
available under the following conditions:
[[Page 333]]
(1) Tests shall be conducted at maximum, minimum, and intermediate
radius points, as well as such points in the arc of rotation as meet
with the approval of the accredited person.
(2) An additional test shall be conducted with partial load and
shall include all functions and movements contemplated in the use of the
crane.
(e) In cases where shore-type cranes are mounted permanently aboard
barges, the requirements of this Subpart E with respect to unit proof
tests and examinations shall not apply and the applicable requirements
of Subpart H of this part shall be adhered to with respect to unit proof
tests and examinations.
Sec. 1919.29 Limitations on safe working loads and proof loads.
The proof loads specified by Sec. Sec. 1919.27 and 1919.28 shall be
adjusted as necessary to meet any pertinent limitations based on
stability and/or on structural competence at particular radii. Safe
working loads shall be reduced accordingly.
Sec. 1919.30 Examinations subsequent to unit tests.
(a) After satisfactory completion of the unit proof load tests
required by Sec. Sec. 1919.27 and 1919.28, the cargo gear and all
component parts thereof shall be given a thorough visual examination,
supplemented as necessary by other means, such as a hammer test or with
electronic, ultrasonic, or other nondestructive methods, to determine if
any of the parts were damaged, deformed, or otherwise rendered unsafe
for further use.
(b) When the test of gear referred to in paragraph (a) of this
section is being conducted for the first time on a vessel, accessory
gear shall be dismantled or disassembled for examination after the test.
The sheaves and pins of the blocks included in this test need not be
removed unless there is evidence of deformation or failure.
(c) For subsequent tests such parts of the gear shall be dismantled
or disassembled after the test as necessary to determine their
suitability for continued service.
(d) When blocks are disassembled all shell bolt nuts shall be
securely locked upon reassembly.
(e) In carrying out the requirements of this section, replacement
shall be required of:
(1) Any swivel found to have excessive tolerance as a result of wear
on any bearing surface.
(2) Pins of blocks found to be shouldered, notched, or grooved from
wear, in which case, in addition to replacing the pin, sheave bushings
shall be examined for suitability for continued use.
Sec. 1919.31 Proof tests--loose gear.
(a) Chains, rings, shackles and other loose gear (whether accessory
to a machine or not) shall be tested with a proof load against the
article equal to that shown in the following table:
------------------------------------------------------------------------
Article of gear Proof load
------------------------------------------------------------------------
Chain, ring, hook, shackle or swivel...... 100 percent in excess of the
safe working load.
Blocks:
Single sheave block..................... 300 percent in excess of the
safe working load. \1\
Multiple sheave block with safe working 100 percent in excess of the
load up to and including 20 tons. safe working load.
Multiple sheave block with safe working 20 tons in excess of the
load over 20 tons up to and including safe working load.
40 tons.
Multiple sheave block with safe working 50 percent in excess of the
load over 40 tons. safe working load.
Pitched chains used with hand-operated 50 percent in excess of the
blocks and rings, hooks, shackles or safe working load.
swivels permanently attached thereto.
Hand-operated blocks used with pitched 50 percent in excess of the
chains and rings, hooks, shackles or safe working load.
swivels permanently attached thereto.
------------------------------------------------------------------------
\1\ The proof load applied to the block is equivalent to twice the
maximum resultant load on the eye of pin of the block when lifting the
nominal safe working load defined in (i) below. The proof load is,
therefore, equal to four times the safe working load as defined in (i)
below or twice the safe working load as defined in (ii) below.
(i) The nominal safe working load of a single-sheave block should be the
maximum load which can be safely lifted by the block when the load is
attached to a rope which passes around the sheave of the block.
(ii) In the case of a single-sheave block where the load is attached
directly to the block instead of to a rope passing around the sheave,
it is permissible to lift a load equal to twice the nominal safe
working load of the block as defined in (i) above.
(iii) In the case of a lead block so situated that an acute angle cannot
be formed by the two parts of the rope passing over it (i.e., the
angle is always 90[deg] or more), the block need not have a greater
nominal safe working load than one-half the maximum resultant load
which can be placed upon it.
[[Page 334]]
(b) In cases where persons accredited to carry out loose gear tests
may be retained to conduct tests of special stevedoring gear as
described in Sec. 1918.61(b) of this chapter, which does not form part
of a vessel's equipment, such tests shall adhere to the requirements set
forth in Sec. 1918.61(b) (1), (2), and (3) of this chapter.
(c) After being tested as required by paragraph (a) of this section,
and before being taken into use, all chains, rings, hooks, shackles,
blocks or other loose gear, except as noted in Sec. 1919.32, shall be
thoroughly examined, the sheaves and pins of the blocks being removed
for this purpose, to determine whether any part has been injured or
permanently deformed by the test. Shell bolt nuts shall be securely
locked upon reassembly. Defective loose gear components shall be
replaced before the certificate is issued.
(d) Any certificate relating to shackles, swivels or strength
members of single-sheave blocks which have been restored to original
dimensions by welding shall state this fact.
Sec. 1919.32 Specially designed blocks and components.
(a) Blocks and connecting components of an unusual nature which are
specially designed and constructed as an integral part of a particular
lifting unit and are either permanently affixed or of such design that
two or more components must be tested together need not be considered as
loose gear for purposes of Sec. 1919.31.
(b) In lieu of the loose gear proof test required by Sec.
1919.31(a), design data shall be submitted to an accredited
certification agency indicating design and material specifications and
analysis whereby the designed strength of such gear may be determined.
(c) Subsequent to the test of the lifting unit as a whole, a
thorough visual examination shall be made of disassembled parts and an
electronic, ultrasonic, or other equally efficient nondestructive
examination shall be made of those parts not dismantled to ensure the
safe condition of such parts.
Sec. 1919.33 Proof tests--wire rope.
Wire rope, except as provided in Sec. 1919.14(b), shall be tested
by sample, a piece being tested to destruction, and the safe working
load of running ropes, unless otherwise acceptable to the Administration
on the basis of design, shall not exceed one-fifth of the breaking load
of the sample tested. In the case of running ropes used in gear with a
safe working load exceeding 10 tons, the safe working load shall not
exceed one-fourth of the breaking load of the sample tested.
Sec. 1919.34 Proof tests after repairs or alterations.
When proof loads are applied after repairs or alterations, all parts
of the assembled gear shall be examined as required in Sec. Sec.
1919.30, 1919.31(c), or 1919.32(c), whichever is applicable.
Sec. 1919.35 Order of tests.
When both unit and loose gear proof load tests are required, the
loose gear test may be carried out after completion of the unit test.
Sec. 1919.36 Heat treatment.
(a) The annealing of wrought iron gear required by this part shall
be accomplished at a temperature between 1100[deg] and 1200 [deg]F. and
the exposure shall be of between 30 and 60 minutes duration. After being
annealed, the gear shall be allowed to cool slowly and shall then be
carefully inspected. All annealing shall be carried out in a closed
furnace.
(b) When heat treatment of loose gear made of other than wrought
iron or steel is recommended by the manufacturer, it shall be carried
out in accordance with the specifications of the manufacturer.
Sec. 1919.37 Competent persons.
All gear certification functions shall be performed by competent
persons as set forth in the following table:
------------------------------------------------------------------------
Functions Competent person
------------------------------------------------------------------------
Any testing, examination, Responsible individual, surveyor or
inspection, or heat treatment other authorized agent of a person
required in United States ports. accredited by the Administration
under the regulations contained in
this part.
[[Page 335]]
Any testing, examination, Responsible individual, surveyor or
inspection, or heat treatment other authorized agent of persons
required while the vessel is in recognized by the Commandant of the
other than United States ports. United States Coast Guard or by a
foreign nation whose certification
is accepted by the Administration
as being in substantial accordance
with Sec. 1918.12(a) of this
chapter.
Testing, examination and Employees or authorized agents of
inspection of loose gear or wire persons accredited specifically by
rope; heat treatment of loose the Administration for this purpose
gear. under the regulations contained in
this part, or the manufacturer of
the gear concerned unless
disapproved by the Assistant
Secretary.
------------------------------------------------------------------------
Subpart F_Accreditation To Certificate Shore-Based Equipment
Sec. 1919.50 Eligibility for accreditation to certificate shore-based
material handling devices covered by Sec. 1917.50 of this
chapter, safety and health regulations for marine terminals.
(a) A person applying for accreditation to carry out certification
activities and to issue and maintain the requisite records must be:
(1) A manufacturer of cranes or derricks or of specialized equipment
of the type for which accreditation application is made, or a person or
organization representing such a manufacturer in a technical capacity;
or
(2) Technically experienced and qualified to carry out examinations
and/or testing, as applicable, of vessels or shore-based equipment or
gear of the type for which accreditation application is made.
(b) The owner of shore-based equipment affected may designate a
member of his organization to carry out certification functions
respecting the owner's equipment, on the following conditions:
(1) The designee is technically experienced and qualified in the
inspection and maintenance or design of the type of equipment involved,
aside from employment as an operator only.
(2) The designee has applied to an accredited, nationally operating
certification agency and has been granted appointment or equivalent
recognition by that agency as a surveyor for the purpose intended.
(3) Certification activities carried out by the designee are cleared
through the offices, and are subject to the approval, of the accredited
certificating agency. When equipment is found satisfactory for use upon
any survey, said equipment may be used pending receipt of notification
of such approval or any disapproval.
(4) In cases where equipment is certificated by a person designated
by the equipment owner, the cognizant accredited certification agency
retains the right to inspect such equipment as desired and convenient in
order to ascertain the adequacy of the certification activity performed.
(c) Accreditation to conduct such nondestructive examination as may
be a part of any certification activity may be granted to applicants
found competent and equipped to carry out this activity.
(d) Unless exemptions are granted at the discretion of the Assistant
Secretary in cases of practical difficulties or unnecessary hardship,
applicants for accreditation as specified in this section shall be
prepared to carry out all necessary functions, except that any requisite
wire rope tests, nondestructive examinations, and heat treatments may be
carried out by the manufacturer of the gear concerned or by another
person accredited specifically for these purposes.
(e) A person applying for accreditation shall have a satisfactory
record of relevant experience and performance, and shall be in sound
financial condition.
Sec. 1919.51 Provisions respecting application for accreditation,
action upon the application, and related matters.
The provisions of Sec. Sec. 1919.3, 1919.4, 1919.5, 1919.7, 1919.8,
and 1919.9 shall govern accreditation to certificate
[[Page 336]]
shore-based material handling devices to the extent applicable.
(Section 1919.51 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control No.
1218-0003)
[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]
Subpart G_Duties of Persons Accredited To Certificate Shore-Based
Material Handling Devices
Sec. 1919.60 General duties, exemptions.
(a) The requirements of subpart H of this part shall be strictly
observed: Provided, however, That in cases of practical difficulties or
unnecessary hardship, the Assistant Secretary in his discretion may
grant exemptions or variations from any provision in that subpart.
(b) Except as otherwise noted in this part, all functions required
by subpart H of this part shall be carried out by or under the
supervision of a person accredited for the purpose or by his authorized
representative.
(c) All required unit proof load tests shall be carried out by the
use of weights as a dead load. Only where this is not possible may
dynamometers or other recording test equipment be used. Any such
recording test equipment owned by an accredited person shall have been
tested for accuracy within the 6 months next preceding application for
accreditation or renewal thereof. Such test shall be performed with
calibrating equipment which has been checked in turn so that indications
are traceable to the National Bureau of Standards. A copy of test
reports shall accompany the accreditation application. Where test
equipment is not the property of the accredited person, that person
shall not issue any certificate based upon the use of such equipment
unless its owner has made available a certificate of accuracy based on
the requirements of this paragraph obtained within the year prior to
such use, and stating the errors of the equipment. In any event,
reasonable standards of accuracy shall be met and proof loads adjusted
as necessary.
(d) The qualifications of any person appointed or recognized by any
accredited person for the purpose of carrying out certification
functions shall meet with the approval of the Assistant Secretary.
(e) Sections 1919.10(e) and (g) and 1919.11 shall govern, to the
extent applicable, persons accredited under subpart F of this part.
Subpart H_Certification of Shore-Based Material Handling Devices
Sec. 1919.70 General provisions.
(a) Certification of shore-based material handling devices shall
conform to the requirements contained in this subpart, except in cases
for which exemptions or variations have been granted by the Assistant
Secretary as provided in Sec. Sec. 1919.50(d) and 1919.60(a).
(b) Any replacements or repairs deemed necessary by the accredited
person shall be carried out before application of a proof test.
(c) Ton in this subpart means a ton of 2,000 pounds.
(d) When applied to shore-based material handling devices, ratings
may be stated in pounds rather than tons. When stated in tons of 2,000
pounds, this fact shall be indicated.
Sec. 1919.71 Unit proof test and examination of cranes.
(a) Unit proof tests of cranes shall be carried out at the following
times:
(1) In the cases of new cranes, before initial use and every 4 years
thereafter.
(2) In the cases of uncertificated cranes which have been in use, at
the time of initial certification and every 4 years thereafter.
(3) After important alterations and renewals and after repairs due
to failure of, or damage to major components.
(b) Unit proof load tests of cranes shall be carried out where
applicable with the boom in the least stable direction relative to the
mounting, based on the manufacturer's specifications.
(c) Unit proof load tests shall be based on the manufacturer's load
ratings for the conditions of use and shall, except in the case of
bridge type cranes
[[Page 337]]
utilizing a trolley, consist of application of a proof load of 10
percent in excess of the load ratings at maximum and minimum radii, and
at such intermediate radii as the certificating authority may deem
necessary in the circumstances. \1\ Trolley equipped cranes shall be
subject to a proof load of 25 percent in excess of the manufacturer's
load rating. In cases of foreign manufacture, the manufacturer's
specifications shall be subject to approval by the certificating
authority as being equivalent to U.S. practice. The weight of all
auxiliary handling devices such as, but not limited to, magnets, hooks,
slings, and clamshell buckets, shall be considered part of the load.
---------------------------------------------------------------------------
\1\ The manufacturer's load ratings are usually based upon
percentage of tipping loads under some conditions and upon limitations
of structural competence at others, as well as on other criteria such as
type of crane mounting, whether or not outriggers are used, etc. Some
cranes utilizing a trolley may have only one load rating assigned and
applicable at any outreach. It is important that the manufacturer's
ratings be used.
---------------------------------------------------------------------------
(d) An examination shall be carried out in conjunction with each
unit proof load test. The accredited person, or his authorized
representative, shall make a determination as to correction of
deficiencies found. The examination shall cover the following points as
applicable:
(1) All functional operating mechanisms shall be examined for
improper function, maladjustment, and excessive component wear, with
particular attention to sheaves, pins, and drums. The examination shall
include operation with partial load, in which all functions and
movements, including, where applicable, maximum possible rotation in
both directions, are performed.
(2) All safety devices shall be examined for malfunction.
(3) Lines, tanks, valves, drains, pumps, and other parts of air or
hydraulic systems shall be examined for deterioration or leakage.
(4) Loose gear components, such as hooks, including wire rope and
wire rope terminals and connections, shall be checked with particular
attention to sections of wire rope exposed to abnormal wear and to
sections not normally exposed for examination. The provisions of Sec.
1919.24 shall apply in wire rope examinations. Cracked or deformed hooks
shall be discarded and not reused on any equipment subject to the
provisions of part 1918 of this chapter and this part 1919.
(5) Rope reeving shall comply with manufacturer's recommendations.
(6) Deformed, cracked, or excessively corroded members in crane
structure and boom shall be repaired or replaced as necessary.
(7) Loose bolts, rivets, or other connections shall be corrected.
(8) Worn, cracked, or distorted parts affecting safe operation shall
be corrected.
(9) Brake and clutch system parts, linings, pawls, and ratchets
shall be examined for excessive wear and free operation.
(10) Load, boom angle, or other indicators shall be checked over
their full range for any significant inaccuracy. A boom angle or radius
indicator shall be fitted.
(11) It shall be ascertained that there is a durable rating chart
visible to the operator, covering the complete range of the
manufacturer's capacity ratings at all operating radii, for all
permissible boom lengths and jib lengths, with alternate ratings for
optional equipment affecting such ratings. Necessary precautions or
warnings shall be included. Operating controls shall be marked or an
explanation of controls shall be posted at the operator's position to
indicate function.
(12) Where used, clamshell buckets or other similar equipment such
as magnets, etc., shall be carefully examined in all respects, with
particular attention to closing line wires and sheaves. The accredited
person may supplement such examination by requesting any operational
tests as may be appropriate.
(13) Careful examination of the junction areas of removable boom
sections, particularly for proper seating, cracks, deformities, or other
defects in securing bolts and in the vicinity of such bolts.
(14) It shall be ascertained that no counterweights in excess of the
manufacturer's specifications are fitted.
(15) Such other examination or supplemental functional tests shall
be
[[Page 338]]
made as may be deemed necessary by the accredited person under the
circumstances.
Sec. 1919.72 Annual examination of cranes.
(a) In any year in which no quadrennial unit proof test is required,
an examination shall be carried out by an accredited person or his
authorized representative. Such examination shall be made not later than
the anniversary date of the quadrennial certification and shall conform
with the requirements of Sec. 1919.71(d).
Sec. 1919.73 Unit proof test and examination of derricks.
(a) Unit proof tests of derricks shall be carried out at the same
times as are specified in Sec. 1919.71(a) for cranes.
(b) Unit proof load tests and safe working load ratings shall be
based on the design load ratings at the ranges of boom angles or
operating radii. Unit proof loads shall exceed the safe working load as
follows:
------------------------------------------------------------------------
Safe working load Proof Load
------------------------------------------------------------------------
Up to 20 tons............................ 25 percent in excess.
20-50 tons............................... 5 tons in excess.
Over 50 tons............................. 10 percent in excess.
------------------------------------------------------------------------
Proof loads shall be applied at the designed maximum and minimum boom
angles or radii, or, if this is impracticable, as close to these as
practicable. The angles or radii of test shall be stated in the
certificate of test. Proof loads shall be swung as far as possible in
both directions. The weight of all auxiliary handling devices shall be
considered a part of the load.
(c) After satisfactory completion of a unit proof load test, the
derrick and all component parts thereof shall be carefully examined in
accordance with the requirements of Sec. 1919.71(d), as far as
applicable.
Sec. 1919.74 Annual examination of derricks.
(a) In any year in which no quadrennial unit proof test is required,
an examination shall be carried out by an accredited person or his
authorized representative. Such annual examination shall be made not
later than the anniversary date of the quadrennial certification and
shall conform in all applicable respect with Sec. 1919.71(d).
Sec. 1919.75 Determination of crane or derrick safe working loads and
limitations in absence of manufacturer's data.
(a) In the event neither manufacturer's data nor design data on safe
working loads (including any applicable limitations) are obtainable, the
safe working load ratings assigned shall be based on the owner's
information and warranty that those so assigned are correct. Unit test
certificates shall state the basis for any such safe working load
assignment.
Sec. 1919.76 Safe working load reduction.
(a) If the operation in which equipment is engaged never utilizes
more than a fraction of the safe working load rating, the owner of such
equipment may, at his option, have the crane or derrick certificated for
and operated at a lesser maximum safe working load in keeping with the
use and based on radius and other pertinent factors: Provided, however,
That the equipment concerned is physically capable of operation at the
original load rating and the load reduction is not for the purpose of
avoiding correction of any deficiency.
Sec. 1919.77 Safe working load increase.
(a) In no case shall safe working loads be increased beyond the
manufacturer's ratings or original design limitations unless such
increase meets with the manufacturer's approval. Where the
manufacturer's services are not available, or where the equipment is of
foreign manufacture, engineering design analysis by, or acceptable to,
the accredited certification agency is required. All necessary
structural changes shall be carried out.
Sec. 1919.78 Nondestructive examinations.
(a) Wherever it is considered necessary by the accredited person or
his authorized representative and wherever it is practical and advisable
to avoid disassembly of equipment, removal of pins, etc., examination of
structure or parts by electronic, ultrasonic, or other nondestructive
methods may be
[[Page 339]]
carried out, provided that the procedure followed is acceptable to the
Assistant Secretary and the person carrying out such examination is
accredited or acceptable to the Assistant Secretary for the purpose.
Sec. 1919.79 Wire rope.
(a) Wire rope and replacement wire rope shall be of the same size,
same or better grade, and same construction as originally furnished by
the equipment manufacturer or contemplated in the design, unless
otherwise recommended by the equipment or the wire rope manufacturer due
to actual working condition requirements. In the absence of specific
requirements as noted, wire rope shall be of a size and construction
suitable for the purpose, and a safety factor of 4 shall be adhered to,
and verified by wire rope test certificate.
(b) Wire rope in use on equipment previously constructed and prior
to initial certification of said equipment shall not be required to be
tested, but shall be subject to thorough examination at the time of
initial certification of the equipment.
Sec. 1919.80 Heat treatment.
(a) Wherever heat treatment of any loose gear is recommended by the
manufacturer, it shall be carried out in accordance with the
specifications of the manufacturer.
Sec. 1919.81 Examination of bulk cargo loading or discharging spouts
or suckers.
(a) Those portions of bulk cargo loading or discharging spouts or
suckers which extend over vessels, together with any portable
extensions, rigging components, outriggers, and attachment points
supporting them or any of their components vertically, shall be examined
annually. The examination shall be carried out with particular attention
to the condition of wire rope and accessories. The equipment shall not
be considered satisfactory unless, in the opinion of the accredited
person or his authorized representative, it is deemed fit to serve its
intended function.
Sec. 1919.90 Documentation.
(a) Documents issued respecting a certification function by an
accredited person shall be on forms approved for such use by the
Assistant Secretary and shall so state.
(b) Such documents shall be issued by the accredited person to the
owners of affected equipment, attesting to satisfactory compliance with
applicable requirements. The forms used shall contain the following
information:
(1) Unit proof tests where required--
(i) Identification of crane or derrick including manufacturer, model
number, serial number, and ownership.
(ii) Basis for assignment of safe worksigned (i.e., whether based on
manufacturing load ratings, with the ratings asturer's ratings, whether
for any specific service, etc.).
(iii) Proof test details noting radii and proof loads, how applied,
and, where applicable, direction relative to mounting.
(iv) A statement that the test and associated examination were
conducted and all applicable requirements of this subpart are met.
(v) Any necessary remarks or supplementary data, including
limitations imposed and the reason thereof.
(vi) Name of accredited person and identification of authorized
representative actually conducting test and/or examination.
(vii) Authorized signature of accredited person; date and place of
test and/or examination.
(2) Annual examination of cranes or derricks--
(i) Information specified in paragraphs (b)(1) (i), (v), (vi), and
(vii) of this section.
(ii) A statement that the required examination has been carried out
and that, in the opinion of the accredited person or his authorized
representative, the equipment has been found in compliance in all
applicable respects with the requirements of this subpart.
(3) Annual examination of bulk cargo loading or discharging spouts
or suckers--
(i) Specific identification of equipment.
(ii) A statement that examination has been completed and that, in
the opinion of the accredited person or his
[[Page 340]]
authorized representative, the equipment meets the criteria of Sec.
1919.81(a).
(iii) Information specified in paragraphs (b)(1) (v), (vi), and
(vii) of this section.
(c) Certificates relating to wire rope, whether tested by or under
the supervision of the accredited person or by its manufacturer and
whether or not issued on the basis of the manufacturer's certificates,
shall follow the general format of a wire rope test form approved by the
Administration.
(d) Accredited persons shall advise owners of affected equipment of
the necessity for maintaining required documentation or acceptable
copies thereof available for inspection at or near the worksite of the
equipment involved.
(1) Where initial and periodic tests as well as annual examinations
are required, documentation available for inspection shall include the
latest unit test certificate and any subsequent annual examination
certificates, together with wire rope test certificates relating to any
replacements since the last unit test or annual examination.
(2) Where only annual examination is required, documentation
available for inspection shall include the latest annual examination
certificate and wire rope test certificates relating to any wire
replaced since the last annual examination.
(3) In the event that the heat treatment of any loose gear is
recommended by its manufacturer, the latest heat treatment certificate,
attesting to compliance with the manufacturer's specifications, shall be
part of the available documentation.
(e) No certification shall be issued until any deficiencies
considered by the accredited person to constitute a currently
unsatisfactory condition have been corrected. Replacement parts shall be
of equal or better quality than original equipment and suitable for the
purpose. In the event deficiencies remain uncorrected and no
certification therefore is issued, the accredited person shall inform
the nearest district office of the Administration of the circumstances.
(Section 1919.90 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control No.
1218-0003)
[39 FR 22096, June 19, 1974, as amended at 61 FR 5509, Feb. 13, 1996]
PART 1920_PROCEDURE FOR VARIATIONS FROM SAFETY AND HEALTH REGULATIONS
UNDER THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT
Sec.
1920.1 Purpose.
1920.2 Variances.
Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation
Act (33 U.S.C. 941); sec. 6, Occupational Safety and Health Act of 1970
(29 U.S.C. 655).
Sec. 1920.1 Purpose.
This part governs the procedure for the granting of variations from
the safety and health regulations established pursuant to section 41 of
the Longshoremen's and Harbor Workers' Compensation Act. The part
provides the same procedures under this Act as are available for
considering variances under the Williams-Steiger Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.).
[37 FR 10800, May 31, 1972]
Sec. 1920.2 Variances.
(a) Variances from standards in parts 1915 through 1918 of this
chapter may be granted in the same circumstances in which variances may
be granted under sections 6(b) (6)(A) or 6(d) of the Williams-Steiger
Occupational Safety and Health Act of 1970 (29 U.S.C. 655). The
procedures for the granting of variances from Parts 1915-1918 of this
chapter are those published in Part 1905 of this chapter.
(b) Any requests for variances shall also be considered requests for
variances under the Williams-Steiger Occupational Safety and Health Act
of 1970, and any variance from Sec. Sec. 1910.13 through 1910.16 of
this chapter which adopt parts 1915-1918 of this chapter, shall be
deemed a variance from the
[[Page 341]]
standard under both the Longshoremen's and Harbor Workers' Compensation
Act and the Williams-Steiger Occupational Safety and Health Act of 1970.
[37 FR 10800, May 31, 1972]
PART 1921_RULES OF PRACTICE IN ENFORCEMENT PROCEEDINGS UNDER SECTION 41
OF THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT
Subpart A_Applicability of Rules; Definitions
Sec.
1921.1 Applicability of rules.
1921.2 Definitions.
Subpart B_Prehearing Procedures
1921.3 Complaints.
1921.4 Answer.
1921.5 Motions and requests.
1921.6 Intervention.
1921.7 Stipulations of compliance.
1921.8 Consent findings and order.
1921.9 Prehearing conferences.
Subpart C_Hearing and Related Matters
1921.10 Appearances.
1921.11 Postponement or change of place of hearing.
1921.12 Hearing.
Subpart D_Decision and Order
1921.13 Decision of the hearing examiner.
1921.14 Exceptions.
1921.15 Transmittal of record.
1921.16 Decision and order of the Director.
Subpart E_Miscellaneous
1921.17 Service; copies of documents and pleadings.
1921.18 Witnesses and fees.
1921.19 Depositions.
1921.20 Subpoenas.
1921.21 Hearing examiners.
1921.22 Computation of time.
Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation
Act (33 U.S.C. 941); 5 U.S.C. 301.
Source: 27 FR 4165, May 2, 1962, unless otherwise noted.
Redesignated at 28 FR 7909, Aug. 2, 1963, and further redesignated at 36
FR 25232, Dec. 31, 1971.
Subpart A_Applicability of Rules; Definitions
Sec. 1921.1 Applicability of rules.
This part provides rules of practice for administrative hearings
relating to the enforcement of section 41 of the Longshoremen's and
Harbor Workers' Compensation Act and the safety regulations promulgated
thereunder which are published in parts 1915 and 1918 of this subtitle.
This part applies only to proceedings held under section 41(b)(5) of the
Act. It does not apply to any other administrative proceedings held
under section 41 of the Act.
Sec. 1921.2 Definitions.
(a) Act means the Longshoremen's and Harbor Workers' Compensation
Act.
(b) Chief Hearing Examiner means the Chief Hearing Examiner, United
States Department of Labor, Washington DC 20210.
(c) Respondent means the person or organization proceeded against.
(d) Assistant Secretary means the Assistant Secretary for
Occupational Safety and Health.
Subpart B_Prehearing Procedures
Sec. 1921.3 Complaints.
(a) Issuance. The Deputy Solicitor of Labor shall institute
enforcement proceedings by issuing a complaint and causing the complaint
to be served upon the respondent.
(b) Contents. The complaint shall contain a clear and concise
factual statement sufficient to inform the respondent with reasonable
definiteness of the types of acts or practices alleged to have occurred
and to violate section 41 of the Act or the provisions of parts 1915 and
1918 of this subtitle.
(c) Amendments. At any time prior to the close of the hearing, the
complaint may be amended in the discretion of the hearing examiner and
on such terms as he may approve.
(d) Notice of hearing. The hearing examiner shall notify the parties
of the time and place for a hearing within 10 days after the service of
the complaint.
[[Page 342]]
Sec. 1921.4 Answer.
(a) Filing and service. Within 14 days after the service of the
complaint, the respondent shall file an answer with the Chief Hearing
Examiner. The answer shall be signed by the respondent or his attorney.
(b) Contents; failure to file. The answer shall:
(1) Contain a statement of the facts which constitute the grounds of
defense, and shall specifically admit, explain, or deny, each of the
allegations of the complaint unless the respondent is without knowledge,
in which case the answer shall so state; or
(2) State that the respondent admits all of the allegations of the
complaint. The answer may contain a waiver of hearing.
Failure to file an answer to or plead specifically to any allegation of
the complaint shall constitute an admission of such allegation.
(c) Procedure upon admission of facts. The admission, in the answer
or by failure to file an answer, of all the material allegations of fact
contained in the complaint shall constitute a waiver of hearing. Upon
such admission of facts, the hearing examiner without further hearing
shall prepare his decision in which he shall adopt as his proposed
findings of fact the material facts alleged in the complaint. The
parties shall be given an opportunity to file exceptions to his
decision, and to file briefs in support of the exceptions.
Sec. 1921.5 Motions and requests.
Motions or requests shall be filed with the Chief Hearing Examiner,
except that those made during the course of the hearing shall be filed
with the hearing examiner or shall be stated orally and made part of the
transcript. Each motion or request shall state the particular order,
ruling, or action desired, and the grounds therefor. The hearing
examiner is authorized to rule upon all motions or requests filed or
made prior to the filing of his report.
Sec. 1921.6 Intervention.
At any time after the institution of proceedings and before the
hearing examiner makes his decision, the hearing examiner may, upon
petition in writing and for good cause shown, permit any interested
person, including an employer, employee, labor or trade organization, or
Federal or State agency, to intervene therein. The petition shall state
with precision and particularity:
(a) The petitioner's relationship to the matters involved in the
proceedings,
(b) The nature of any material he intends to present in evidence,
(c) The nature of any argument he intends to make, and
(d) Any other reason that he should be allowed to intervene.
Sec. 1921.7 Stipulations of compliance.
At any time prior to the issuance of a complaint in the proceeding,
the Assistant Solicitor in charge of trial litigation may in his
discretion, enter into stipulations with the prospective respondent,
whereby the latter admits the material facts and agrees to discontinue
the acts or practices which are intended to be set up as violative of
the Act or parts 1915 and 1918 of this subtitle. Such stipulations shall
be admissible as evidence of such acts and practices in any subsequent
proceeding in law or equity or under these regulations against such
person.
Sec. 1921.8 Consent findings and order.
(a) General. At any time after the issuance of a complaint and prior
to the receiption of evidence in any proceeding, the respondent may move
to defer the receipt of any evidence for a reasonable time to permit
negotiation of an agreement containing consent findings and an order
disposing of the whole or any part of the proceeding. The allowance of
such deferment and the duration thereof shall be in the discretion of
the hearing examiner, after consideration of the nature of the
proceeding, the requirements of the public interest, the representations
of the parties, and the probability of an agreement being reached which
will result in a just disposition of the issues involved.
(b) Content. Any agreement containing consent findings and an order
disposing of a proceeding shall also provide:
[[Page 343]]
(1) That the order shall have the same force and effect as an order
made after full hearing;
(2) That the entire record on which any order may be based shall
consist solely of the complaint and the agreement;
(3) A waiver of any further procedural steps before the hearing
examiner or the Director; and
(4) A waiver of any right to challenge or contest the validity of
the findings and order entered into in accordance with the agreement.
(c) Submission. On or before the expiration of the time granted for
negotiations, the parties or their counsel may:
(1) Submit the proposed agreement to the hearing examiner for his
consideration; or
(2) Inform the hearing examiner that agreement cannot be reached.
(d) Disposition. In the event an agreement containing consent
findings and an order is submitted within the time allowed therefor, the
hearing examiner within 30 days thereafter shall accept such agreement
by issuing his decision based upon the agreed findings.
Sec. 1921.9 Prehearing conferences.
(a) Upon his own motion or the motion of the parties, the hearing
examiner may direct the parties or their counsel to meet with him for a
conference to consider:
(1) Simplification of the issues;
(2) Necessity or desirability of amendments to pleadings for
purposes of clarification, simplification, or limitation;
(3) Stipulations, admissions of fact and of contents and
authenticity of documents;
(4) Limitation of the number of expert witnesses; and
(5) Such other matters as may tend to expedite the disposition of
the proceeding.
(b) The record shall show the matters disposed of by order and by
agreement in such pretrial conferences. The subsequent course of the
proceeding shall be controlled by such action.
Subpart C_Hearing and Related Matters
Sec. 1921.10 Appearances.
(a) Representation. The parties may appear in person or by counsel.
The term ``counsel'' means a member in good standing of the bar of a
Federal Court or of the highest court of any State or Territory of the
United States.
(b) Failure to appear. In the event that a party appears at the
hearing and no party appears for the opposing side, the party who is
present shall have an election to present his evidence in whole or such
portion thereof sufficient to make a prima facie case before the hearing
examiner. Failure to appear at a hearing shall not be deemed to be a
waiver of the right to be served with a copy of the hearing examiner's
decision and to file exceptions thereto.
Sec. 1921.11 Postponement or change of place of hearing.
If in the judgment of the hearing examiner convenience or necessity
so requires, he may postpone the time or change the place of the
hearing.
Sec. 1921.12 Hearing.
(a) Order of proceeding; burden of proof. Except as may be
determined otherwise by the hearing examiner, counsel supporting the
complaint shall proceed first at the hearing. The Assistant Solicitor of
Labor in charge of trial litigation, supporting the complaint, shall
have the burden of proof. The burden of proof shall be satisfied by a
preponderance of the evidence.
(b) Evidence--(1) In general. The testimony of witnesses shall be
upon oath or affirmation administered by the hearing examiner and shall
be subject to such cross-examination as may be required for a full and
true disclosure of the facts. The hearing examiner shall exclude
evidence which is immaterial, irrelevant, or unduly repetitious.
(2) Objections. If a party objects to the admission or rejection of
any evidence or to the limitation of the scope of any examination or
cross-examination or the failure to limit such scope, he shall state
briefly the grounds for
[[Page 344]]
such objection. Rulings on all objections shall appear in the record.
Only objections made before the hearing examiner may be relied upon
subsequently in the proceeding.
(3) Exceptions. Formal exception to an adverse ruling is not
required.
(c) Official notice. Official notice may be taken of any material
fact not appearing in evidence in the record, which is among the
traditional matters of judicial notice and also concerning which the
Department by reason of its functions is presumed to be expert:
Provided, That the parties shall be given adequate notice, at the
hearing or by reference in the hearing examiner's decision of the
matters so noticed, and shall be given adequate opportunity to show the
contrary.
(d) Oral argument before the hearing examiner. Oral argument before
the hearing examiner may be allowed. However, such argument may be
limited by the hearing examiner to any extent that he finds necessary
for the expeditious disposition of the proceeding.
(e) Transcript. Hearings shall be stenographically reported. Copies
of the transcript may be obtained by the parties upon written
application filed with the reporter, and upon the payment of fees at the
rate provided in the agreement between the Assistant Secretary and the
reporter.
Subpart D_Decision and Order
Sec. 1921.13 Decision of the hearing examiner.
(a) Filing of transcript of evidence. As soon as practicable after
the close of the hearing, the reporter shall transmit to the Chief
Hearing Examiner the copies of the transcript of the testimony and the
exhibits introduced in evidence at the hearing except such copies of the
transcript and exhibits as are forwarded to the hearing examiner.
(b) Proposed findings of fact, conclusions, and orders. Within 10
days after receipt of notice that the transcript of the testimony has
been filed or such additional time as the hearing examiner may allow,
each party may file with the hearing examiner proposed findings of fact,
conclusions of law, and order, together with a supporting brief
including the reasons for any proposals. Such proposals shall be served
upon all parties, and shall contain adequate references to the record
and authorities relied upon.
(c) Decision of the hearing examiner. Within a reasonable time after
the termination of the time allowed for the filing of proposed findings
of fact, conclusions of law, and orders, or after the date of submission
of an agreement containing consent findings and order, the hearing
examiner shall prepare his decision, which shall become the decision of
the Assistant Secretary 20 days after service thereof unless exceptions
are filed thereto, as provided in Sec. 1921.14 except in cases dealt
with in Sec. 1921.8(b). Except in cases under Sec. 1921.8(b) the
decision of the hearing examiner shall include a statement of:
(1) Findings and conclusions, with reasons and bases, therefor, upon
each material issue of fact, law, or discretion presented on the record,
and
(2) An appropriate order.
Except in cases under Sec. 1921.8(b), the decision of the hearing
examiner shall be based upon a consideration of the whole record and
supported by reliable, probative, and substantial evidence and upon the
basis of the preponderance of the evidence.
Sec. 1921.14 Exceptions.
Within 20 days after the date of the decision of the hearing
examiner, the parties may file exceptions thereto with supporting
reasons. Any party who desires to take exception to any matter set out
in that decision shall transmit his exceptions in writing to the Chief
Hearing Examiner, referring to the specific findings of fact,
conclusions of law, or order excepted to, and the specific pages of
transcript relevant to the exceptions, and suggesting corrected findings
of fact, conclusions of law, or order.
Sec. 1921.15 Transmittal of record.
Immediately following the period allowed for filing exceptions, the
hearing examiner shall transmit the record of the proceeding to the
Assistant Secretary. The record shall include: The pleadings, motions,
and requests filed, and rulings thereon; the transcript of
[[Page 345]]
the testimony taken at the hearing, together with the exhibits filed;
any documents or papers filed in connection with prehearing conferences;
such proposed findings of fact, conclusions of law, and orders, and
supporting reasons, as may have been filed in connection with the
hearing; the hearing examiner's decision; and such exceptions,
statements of objections, and briefs in support thereof, as may have
been filed in the proceeding.
Sec. 1921.16 Decision and order of the Director.
(a) Upon the basis of and after due consideration of the whole
record, the Assistant Secretary shall render his decision, which shall
adopt, modify, or set aside the findings, conclusions, and order
contained in the decision of the hearing examiner, and shall include a
statement of the reasons or bases for the action taken. With respect to
the findings of fact, the Assistant Secretary shall upset only those
findings that are clearly erroneous. Copies of the decision and order
shall be served upon the parties.
(b) When a final order of the Assistant Secretary issued pursuant to
Sec. 1921.13(c) or paragraph (a) of this section has been in force for
2 years or more, a party may file with the Assistant Secretary a
petition for modification or vacation of the order. Such petition must
be in writing, and must be based upon satisfactory compliance with the
order during the 24 months immediately preceding the filing thereof and
upon such changes in conditions and circumstances as to demonstrate, if
established, that a continuation of the order in full force and effect
is no longer required to assure satisfactory compliance with the
regulations under the order. Such changes in conditions and
circumstances as are relied upon must be expressly set forth together
with the reasons why petitioner believes relief is justified and the
precise nature of the relief sought. The petition may be supported by
affidavits as to matters of fact.
(c) If, after such investigation as the Assistant Secretary deems
appropriate, in his judgment sufficient cause has been shown to justify
the relief requested, he will enter an order granting relief. If in his
judgment, sufficient cause has not been shown he shall so notify
petitioner, who may then in writing request a hearing. Upon receipt of
such request the Assistant Secretary will refer the petition with its
supporting documents and the request to the Chief Hearing Examiner who
will assign the matter for a hearing to be held on not less than 10 days
notice at a time and place to be set by the hearing examiner. The Deputy
Solicitor of Labor may file a pleading and otherwise appear in
opposition to the petition. The hearing will be subject to all of the
provisions of Sec. Sec. 1921.9 through 1921.22.
[31 FR 11144, Aug. 23, 1966]
Subpart E_Miscellaneous
Sec. 1921.17 Service; copies of documents and pleadings.
(a) Manner of service. Service upon any party shall be made by the
party filing the pleading or document by delivering a copy or mailing a
copy to the last known address. If the person upon whom service is made
by mail resides 500 miles or more from the party effecting service, such
mailing must be by airmail. When a party is represented by an attorney
the service may be upon the attorney.
(b) Proof of service. A certificate of the person serving the
pleading or other document by personal delivery or by mailing, setting
forth the manner of said service shall be proof of the service of the
pleading or other document.
(c) Service upon Department, number of copies of pleading or other
documents. An original and three copies of all pleadings and other
documents shall be filed with the Department of Labor, whether to the
Assistant Solicitor in charge of trial litigation, the hearing examiner,
or the Assistant Secretary, as the case may be.
Sec. 1921.18 Witnesses and fees.
Witnesses subpoenaed by any party shall be paid the same fees and
mileage as are paid for like services in the District Courts of the
United States. The witness fees and mileage shall be paid by the party
at whose instance the witnesses appear.
[[Page 346]]
Sec. 1921.19 Depositions.
(a) When, how, and by whom taken. For good cause shown, the
testimony of any witness may be taken by deposition in any proceeding,
when a complaint has been filed, whether at issue or not. Depositions
may be taken orally or upon written interrogatories before any person
designated by the hearing examiner and having power to administer oaths.
(b) Application. Any party desiring to take the deposition of a
witness shall make application in writing to the hearing examiner,
setting forth the reasons why such deposition should be taken; the time
when, the place where, and the name and post office address of the
person before whom the deposition is to be taken; the name and address
of each witness; and the subject matter concerning which each witness is
expected to testify.
(c) Notice. Such notice as the hearing examiner shall order shall be
given for the taking of a deposition, but this shall not be less than 5
days' written notice when the deposition is to be taken within the
United States and not less than 15 days' written notice when the
deposition is to be taken elsewhere.
(d) Taking and receiving in evidence. Each witness testifying upon
deposition shall be sworn, and the adverse party shall have the right to
cross-examine. The questions propounded and the answers thereto,
together with all objections made, shall be reduced to writing, read to
the witness, subscribed by him, and certified by the officer.
Thereafter, the officer shall seal the deposition, with two copies
thereof, in an envelope and mail the same by registered mail to the
hearing examiner. Subject to such objections to the questions and
answers as were noted at the time of taking the deposition and would be
valid were the witness personally present and testifying, such
deposition may be read and offered in evidence by the party taking it as
against any party who was present or represented at the taking of the
deposition or who had due notice thereof. No part of a deposition shall
be admitted in evidence unless there is a showing that the reasons for
the taking of the deposition in the first instance exist at the time of
hearing.
Sec. 1921.20 Subpoenas.
All applications for subpoenas ad testificandum and subpoenas duces
tecum shall be made in writing to the hearing examiner. Application for
subpoenas duces tecum shall specify as exactly as possible the documents
to be produced, showing their general relevancy and reasonable scope.
Sec. 1921.21 Hearing examiners.
(a) Who presides. All hearings shall be presided over by a hearing
examiner appointed under section 11 of the Administrative Procedure Act.
(b) How assigned. The presiding hearing examiner shall be designated
by the Secretary or the Chief Hearing Examiner.
(c) Powers. Hearing examiners shall have all powers necessary to the
conduct of fair and impartial hearings, including the following:
(1) To administer oaths and affirmations;
(2) To issue subpoenas upon proper applications as provided in Sec.
1921.20;
(3) To rule upon offers of proof and receive relevant evidence;
(4) To take or cause to be taken depositions and to determine their
scope;
(5) To regulate the course of the hearing and the conduct of the
parties and their counsel therein;
(6) To hold conferences for the settlement or simplification of the
issues by consent of the parties;
(7) To consider and rule upon procedural requests;
(8) To make and file decisions in conformity with this part.
(9) To take any action authorized by the rules in this part or in
conformance with the Administrative Procedure Act.
(d) Consultation. The hearing examiner shall not consult any person
or party on any fact in issue unless upon notice and opportunity for all
parties to participate.
(e) Disqualification of hearing examiners. (1) When a hearing
examiner deems himself disqualified to preside in a particular
proceeding, he shall withdraw therefrom by notice on the record directed
to the Chief Hearing Examiner.
(2) Whenever any party shall deem the hearing examiner for any
reason to
[[Page 347]]
be disqualified to preside, or to continue to preside, in a particular
proceeding, that party shall file with the Chief Hearing Examiner a
motion to disqualify and remove such hearing examiner, such motion to be
supported by affidavits setting forth the alleged grounds for
disqualification. The Chief Hearing Examiner shall rule upon the motion.
(f) Contemptuous conduct; failure or refusal of a witness to appear
or answer. In the event of contemptuous conduct, including the failure
or refusal of a witness to appear at any hearing or to answer any
question which has been ruled to be proper, the hearing examiner may
take any action reasonable under 41 CFR 50-203.8(l), promulgated under
section 5 of the Act of June 30, 1936 (41 U.S.C. 39).
Sec. 1921.22 Computation of time.
Sundays and holidays shall be included in computing the time allowed
for filing any document or paper under this part. When such time expires
on a Sunday or legal holiday, such period shall be extended to include
the next following business day.
PART 1922_INVESTIGATIONAL HEARINGS UNDER SECTION 41 OF THE
LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT
Sec.
1922.1 Definitions.
1922.2 Purpose and scope.
1922.3 Composition of the Board.
1922.4 Responsibilities of the Board; voting.
1922.5 Notice of investigational hearings.
1922.6 Investigational hearings.
Authority: Sec. 41, Longshoremen's and Harbor Workers' Compensation
Act (33 U.S.C. 941); 5 U.S.C. 301.
Source: 27 FR 4168, May 2, 1962, unless otherwise noted.
Redesignated at 28 FR 7909, Aug. 2, 1963, and further redesignated at 36
FR 25232, Dec. 30, 1971.
Sec. 1922.1 Definitions.
(a) Act means the Longshoremen's and Harbor Workers' Compensation
Act.
(b) Board means the Board of Investigation.
(c) Administration means the Occupational Safety and Health
Administration.
(d) Assistant Secretary means the Assistant Secretary for
Occupational Safety and Health.
(e) Injury means accidental injury or death arising out of and in
the course of employment, and such occupational disease or infection as
arises naturally out of such employment or as naturally or unavoidably
results from such accidental injury.
Sec. 1922.2 Purpose and scope.
Whenever any serious injury results from the employments covered by
the Act or whenever it is otherwise appropriate, the Assistant Secretary
may appoint a Board of Investigation to hold an investigational hearing
during the course of any investigation made under section 41 of the Act.
This part prescribes the manner in which any investigational hearings
shall be conducted. This part does not apply to any adjudicative
proceedings held under section 41(b)(5) of the Act.
Sec. 1922.3 Composition of the Board.
The Board shall be composed of three members appointed by the
Assistant Secretary, one of whom shall be designated as Chairman. All
members shall be employees of the United States Department of Labor, and
shall have experience in the field of maritime safety.
Sec. 1922.4 Responsibilities of the Board; voting.
(a) Determinations and recommendations. To the extent possible, the
Board shall determine the facts, conditions, and circumstances relating
to any injury or condition which is the subject of investigation, the
probable cause thereof, and shall recommend measures which will provide
the best means of preventing future injuries or conditions of similar
character. The determinations and recommendations shall be made after
hearing such witnesses and receiving such documents and other data
relating to the subject or subjects of investigation as may be found
available as a result of preliminary investigation.
[[Page 348]]
(b) Report. Upon completion of the investigational hearing, the
Board shall file a report of its investigation with the Assistant
Secretary. The report shall contain the determinations and
recommendations required under paragraph (a) of this section. Any member
may file a separate report in order to express determinations,
recommendations, or reasons for determinations or recommendations which
differ from those of a majority of the Board.
(c) Voting. Actions of the Board, including the determinations and
recommendations required under paragraph (a) of this section, shall
require a vote of a majority of its members.
Sec. 1922.5 Notice of investigational hearings.
The Chairman of the Board shall give reasonable notice of the time
and place of any investigational hearing to any person whose conduct is
or may be pertinent to the subjects of investigation; to any prospective
witnesses; and to any Federal or State agency engaged in similar
investigative work.
Sec. 1922.6 Investigational hearings.
The Chairman shall regulate the course of the hearing; dispose of
procedural requests, objections, and related matters; and confine the
hearing to the matters for which the Board is responsible. In the
performance of these duties, the Chairman may be assisted by counsel
assigned by the Solicitor of Labor. In the discretion of the Board, the
hearing may be stenographically reported. When the hearing is so
reported, copies of the transcript may be obtained upon such terms as
the Chairman may provide.
PART 1924_SAFETY STANDARDS APPLICABLE TO WORKSHOPS AND REHABILITATION
FACILITIES ASSISTED BY GRANTS
Authority: Secs. 12, 13, Vocational Rehabilitation Act Amendments of
1965 (29 U.S.C. 41a, 41b).
Sec. 1924.1 Applicable safety standards.
The safety standards provided in 41 CFR part 50-204 shall have
effect to the extent applicable to any workshop or rehabilitation
facility assisted by a grant pursuant to section 12 or section 13 of the
Vocational Rehabilitation Act Amendments of 1965, 79 Stat. 1284, 1286.
[32 FR 3052, Feb. 18, 1967. Redesignated at 32 FR 4170, Mar. 17, 1967.
Further redesignated at 36 FR 25232, Dec. 30, 1971]
PART 1925_SAFETY AND HEALTH STANDARDS FOR FEDERAL SERVICE CONTRACTS
Sec.
1925.1 Scope and application.
1925.2 Safety and health standards.
1925.3 Records.
Authority: Service Contracts Act of 1965 (41 U.S.C. 351, et. seq.);
5 U.S.C. 301.
Sec. 1925.1 Scope and application.
(a) The McNamara-O'Hara Service Contract Act of 1965 (79 Stat. 1034,
41 U.S.C. 351, et seq.) requires that every contract entered into by the
United States or the District of Columbia in excess of $2,500 (except as
provided in section 7 of the Act), the principal purpose of which is to
furnish services in the United States through the use of service
employees, must contain, among other provisions, a stipulation that ``no
part of the services covered by this Act will be performed in buildings
or surroundings or under working conditions, provided by or under the
control or supervision of the contractor or any subcontractor, which are
unsanitary or hazardous or dangerous to the health or safety of service
employees engaged to furnish the services.'' This part 1925 expresses
certain minimum safety and health standards which will be applied in the
administration and enforcement of the Act to determine whether services
covered by the Act are being, or have been, performed in compliance with
its safety and health requirements.
(b)(1) Investigators conducting investigations and all officers of
the Department of Labor evaluating, reviewing and analyzing
investigations, as well as officers of the Department determining
whether there are or have been violations of the safety and health
requirements of the Service Contract Act of 1965 or any contract subject
thereto and the terms on which there may be a
[[Page 349]]
settlement of issues arising from an investigation without resort to
administrative or judicial litigation, will consider a failure to comply
with the safety and health measures provided in Sec. 1925.2 to result
in working conditions which are ``unsanitary or hazardous or dangerous
to the health or safety of service employees'' within the meaning of
section 2(a)(3) of the Act and the contract stipulation it requires.
(c) [Reserved]
(d) The standards expressed in this part 1925 are for application to
ordinary employment situations, and do not preclude proof or recognition
of the necessity for additional standards in employment situations of
extraordinary hazard. Neither do the standards expressed in this Part
1925 purport to cover all of the working conditions which are unsanitary
or hazardous or dangerous to the health or safety of service employees.
Other working conditions may be found to be unsanitary or hazardous or
dangerous to the health or safety of such employees on evidence to that
effect.
(e) Compliance with the standards expressed in this part 1925 will
not relieve anyone from any obligation he may have to comply with any
stricter standard, such as state or local law or ordinance or collective
bargaining agreement.
[32 FR 21036, Dec. 30, 1967, as amended at 36 FR 9866, May 29, 1971.
Redesignated at 36 FR 25232, Dec. 30, 1971]
Sec. 1925.2 Safety and health standards.
Every contractor and subcontractor shall comply with the safety and
health standards published in 41 CFR part 50-204, including any matters
incorporated by reference therein.
[36 FR 9866, May 29, 1971. Redesignated at 36 FR 25232, Dec. 30, 1971]
Sec. 1925.3 Records.
Every contractor or subcontractor shall comply with the
recordkeeping requirements of 29 CFR part 1904.
[40 FR 3593, Jan. 23, 1975]
[[Page 351]]
FINDING AIDS
--------------------------------------------------------------------
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
[[Page 353]]
Table of CFR Titles and Chapters
(Revised as of July 1, 2014)
Title 1--General Provisions
I Administrative Committee of the Federal Register
(Parts 1--49)
II Office of the Federal Register (Parts 50--299)
III Administrative Conference of the United States (Parts
300--399)
IV Miscellaneous Agencies (Parts 400--500)
Title 2--Grants and Agreements
Subtitle A--Office of Management and Budget Guidance
for Grants and Agreements
I Office of Management and Budget Governmentwide
Guidance for Grants and Agreements (Parts 2--199)
II Office of Management and Budget Guidance (Parts 200--
299)
Subtitle B--Federal Agency Regulations for Grants and
Agreements
III Department of Health and Human Services (Parts 300--
399)
IV Department of Agriculture (Parts 400--499)
VI Department of State (Parts 600--699)
VII Agency for International Development (Parts 700--799)
VIII Department of Veterans Affairs (Parts 800--899)
IX Department of Energy (Parts 900--999)
XI Department of Defense (Parts 1100--1199)
XII Department of Transportation (Parts 1200--1299)
XIII Department of Commerce (Parts 1300--1399)
XIV Department of the Interior (Parts 1400--1499)
XV Environmental Protection Agency (Parts 1500--1599)
XVIII National Aeronautics and Space Administration (Parts
1800--1899)
XX United States Nuclear Regulatory Commission (Parts
2000--2099)
XXII Corporation for National and Community Service (Parts
2200--2299)
XXIII Social Security Administration (Parts 2300--2399)
XXIV Housing and Urban Development (Parts 2400--2499)
XXV National Science Foundation (Parts 2500--2599)
XXVI National Archives and Records Administration (Parts
2600--2699)
XXVII Small Business Administration (Parts 2700--2799)
XXVIII Department of Justice (Parts 2800--2899)
[[Page 354]]
XXX Department of Homeland Security (Parts 3000--3099)
XXXI Institute of Museum and Library Services (Parts 3100--
3199)
XXXII National Endowment for the Arts (Parts 3200--3299)
XXXIII National Endowment for the Humanities (Parts 3300--
3399)
XXXIV Department of Education (Parts 3400--3499)
XXXV Export-Import Bank of the United States (Parts 3500--
3599)
XXXVII Peace Corps (Parts 3700--3799)
LVIII Election Assistance Commission (Parts 5800--5899)
Title 3--The President
I Executive Office of the President (Parts 100--199)
Title 4--Accounts
I Government Accountability Office (Parts 1--199)
II Recovery Accountability and Transparency Board (Parts
200--299)
Title 5--Administrative Personnel
I Office of Personnel Management (Parts 1--1199)
II Merit Systems Protection Board (Parts 1200--1299)
III Office of Management and Budget (Parts 1300--1399)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
VIII Office of Special Counsel (Parts 1800--1899)
IX Appalachian Regional Commission (Parts 1900--1999)
XI Armed Forces Retirement Home (Parts 2100--2199)
XIV Federal Labor Relations Authority, General Counsel of
the Federal Labor Relations Authority and Federal
Service Impasses Panel (Parts 2400--2499)
XV Office of Administration, Executive Office of the
President (Parts 2500--2599)
XVI Office of Government Ethics (Parts 2600--2699)
XXI Department of the Treasury (Parts 3100--3199)
XXII Federal Deposit Insurance Corporation (Parts 3200--
3299)
XXIII Department of Energy (Parts 3300--3399)
XXIV Federal Energy Regulatory Commission (Parts 3400--
3499)
XXV Department of the Interior (Parts 3500--3599)
XXVI Department of Defense (Parts 3600--3699)
XXVIII Department of Justice (Parts 3800--3899)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)
[[Page 355]]
XXXIII Overseas Private Investment Corporation (Parts 4300--
4399)
XXXIV Securities and Exchange Commission (Parts 4400--4499)
XXXV Office of Personnel Management (Parts 4500--4599)
XXXVII Federal Election Commission (Parts 4700--4799)
XL Interstate Commerce Commission (Parts 5000--5099)
XLI Commodity Futures Trading Commission (Parts 5100--
5199)
XLII Department of Labor (Parts 5200--5299)
XLIII National Science Foundation (Parts 5300--5399)
XLV Department of Health and Human Services (Parts 5500--
5599)
XLVI Postal Rate Commission (Parts 5600--5699)
XLVII Federal Trade Commission (Parts 5700--5799)
XLVIII Nuclear Regulatory Commission (Parts 5800--5899)
XLIX Federal Labor Relations Authority (Parts 5900--5999)
L Department of Transportation (Parts 6000--6099)
LII Export-Import Bank of the United States (Parts 6200--
6299)
LIII Department of Education (Parts 6300--6399)
LIV Environmental Protection Agency (Parts 6400--6499)
LV National Endowment for the Arts (Parts 6500--6599)
LVI National Endowment for the Humanities (Parts 6600--
6699)
LVII General Services Administration (Parts 6700--6799)
LVIII Board of Governors of the Federal Reserve System
(Parts 6800--6899)
LIX National Aeronautics and Space Administration (Parts
6900--6999)
LX United States Postal Service (Parts 7000--7099)
LXI National Labor Relations Board (Parts 7100--7199)
LXII Equal Employment Opportunity Commission (Parts 7200--
7299)
LXIII Inter-American Foundation (Parts 7300--7399)
LXIV Merit Systems Protection Board (Parts 7400--7499)
LXV Department of Housing and Urban Development (Parts
7500--7599)
LXVI National Archives and Records Administration (Parts
7600--7699)
LXVII Institute of Museum and Library Services (Parts 7700--
7799)
LXVIII Commission on Civil Rights (Parts 7800--7899)
LXIX Tennessee Valley Authority (Parts 7900--7999)
LXX Court Services and Offender Supervision Agency for the
District of Columbia (Parts 8000--8099)
LXXI Consumer Product Safety Commission (Parts 8100--8199)
LXXIII Department of Agriculture (Parts 8300--8399)
LXXIV Federal Mine Safety and Health Review Commission
(Parts 8400--8499)
LXXVI Federal Retirement Thrift Investment Board (Parts
8600--8699)
LXXVII Office of Management and Budget (Parts 8700--8799)
LXXX Federal Housing Finance Agency (Parts 9000--9099)
LXXXIII Special Inspector General for Afghanistan
Reconstruction (Parts 9300--9399)
[[Page 356]]
LXXXIV Bureau of Consumer Financial Protection (Parts 9400--
9499)
LXXXVI National Credit Union Administration (Parts 9600--
9699)
XCVII Department of Homeland Security Human Resources
Management System (Department of Homeland
Security--Office of Personnel Management) (Parts
9700--9799)
XCVII Council of the Inspectors General on Integrity and
Efficiency (Parts 9800--9899)
Title 6--Domestic Security
I Department of Homeland Security, Office of the
Secretary (Parts 1--99)
X Privacy and Civil Liberties Oversight Board (Parts
1000--1099)
Title 7--Agriculture
Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
I Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Parts 27--209)
II Food and Nutrition Service, Department of Agriculture
(Parts 210--299)
III Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 300--399)
IV Federal Crop Insurance Corporation, Department of
Agriculture (Parts 400--499)
V Agricultural Research Service, Department of
Agriculture (Parts 500--599)
VI Natural Resources Conservation Service, Department of
Agriculture (Parts 600--699)
VII Farm Service Agency, Department of Agriculture (Parts
700--799)
VIII Grain Inspection, Packers and Stockyards
Administration (Federal Grain Inspection Service),
Department of Agriculture (Parts 800--899)
IX Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department
of Agriculture (Parts 900--999)
X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts
1600--1699)
[[Page 357]]
XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
XVIII Rural Housing Service, Rural Business-Cooperative
Service, Rural Utilities Service, and Farm Service
Agency, Department of Agriculture (Parts 1800--
2099)
XX Local Television Loan Guarantee Board (Parts 2200--
2299)
XXV Office of Advocacy and Outreach, Department of
Agriculture (Parts 2500--2599)
XXVI Office of Inspector General, Department of Agriculture
(Parts 2600--2699)
XXVII Office of Information Resources Management, Department
of Agriculture (Parts 2700--2799)
XXVIII Office of Operations, Department of Agriculture (Parts
2800--2899)
XXIX Office of Energy Policy and New Uses, Department of
Agriculture (Parts 2900--2999)
XXX Office of the Chief Financial Officer, Department of
Agriculture (Parts 3000--3099)
XXXI Office of Environmental Quality, Department of
Agriculture (Parts 3100--3199)
XXXII Office of Procurement and Property Management,
Department of Agriculture (Parts 3200--3299)
XXXIII Office of Transportation, Department of Agriculture
(Parts 3300--3399)
XXXIV National Institute of Food and Agriculture (Parts
3400--3499)
XXXV Rural Housing Service, Department of Agriculture
(Parts 3500--3599)
XXXVI National Agricultural Statistics Service, Department
of Agriculture (Parts 3600--3699)
XXXVII Economic Research Service, Department of Agriculture
(Parts 3700--3799)
XXXVIII World Agricultural Outlook Board, Department of
Agriculture (Parts 3800--3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service and Rural Utilities
Service, Department of Agriculture (Parts 4200--
4299)
Title 8--Aliens and Nationality
I Department of Homeland Security (Immigration and
Naturalization) (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)
Title 9--Animals and Animal Products
I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)
[[Page 358]]
II Grain Inspection, Packers and Stockyards
Administration (Packers and Stockyards Programs),
Department of Agriculture (Parts 200--299)
III Food Safety and Inspection Service, Department of
Agriculture (Parts 300--599)
Title 10--Energy
I Nuclear Regulatory Commission (Parts 0--199)
II Department of Energy (Parts 200--699)
III Department of Energy (Parts 700--999)
X Department of Energy (General Provisions) (Parts
1000--1099)
XIII Nuclear Waste Technical Review Board (Parts 1300--
1399)
XVII Defense Nuclear Facilities Safety Board (Parts 1700--
1799)
XVIII Northeast Interstate Low-Level Radioactive Waste
Commission (Parts 1800--1899)
Title 11--Federal Elections
I Federal Election Commission (Parts 1--9099)
II Election Assistance Commission (Parts 9400--9499)
Title 12--Banks and Banking
I Comptroller of the Currency, Department of the
Treasury (Parts 1--199)
II Federal Reserve System (Parts 200--299)
III Federal Deposit Insurance Corporation (Parts 300--399)
IV Export-Import Bank of the United States (Parts 400--
499)
V Office of Thrift Supervision, Department of the
Treasury (Parts 500--599)
VI Farm Credit Administration (Parts 600--699)
VII National Credit Union Administration (Parts 700--799)
VIII Federal Financing Bank (Parts 800--899)
IX Federal Housing Finance Board (Parts 900--999)
X Bureau of Consumer Financial Protection (Parts 1000--
1099)
XI Federal Financial Institutions Examination Council
(Parts 1100--1199)
XII Federal Housing Finance Agency (Parts 1200--1299)
XIII Financial Stability Oversight Council (Parts 1300--
1399)
XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVI Office of Financial Research (Parts 1600--1699)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700--1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)
[[Page 359]]
Title 13--Business Credit and Assistance
I Small Business Administration (Parts 1--199)
III Economic Development Administration, Department of
Commerce (Parts 300--399)
IV Emergency Steel Guarantee Loan Board (Parts 400--499)
V Emergency Oil and Gas Guaranteed Loan Board (Parts
500--599)
Title 14--Aeronautics and Space
I Federal Aviation Administration, Department of
Transportation (Parts 1--199)
II Office of the Secretary, Department of Transportation
(Aviation Proceedings) (Parts 200--399)
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--1199)
V National Aeronautics and Space Administration (Parts
1200--1299)
VI Air Transportation System Stabilization (Parts 1300--
1399)
Title 15--Commerce and Foreign Trade
Subtitle A--Office of the Secretary of Commerce (Parts
0--29)
Subtitle B--Regulations Relating to Commerce and
Foreign Trade
I Bureau of the Census, Department of Commerce (Parts
30--199)
II National Institute of Standards and Technology,
Department of Commerce (Parts 200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Foreign-Trade Zones Board, Department of Commerce
(Parts 400--499)
VII Bureau of Industry and Security, Department of
Commerce (Parts 700--799)
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
IX National Oceanic and Atmospheric Administration,
Department of Commerce (Parts 900--999)
XI Technology Administration, Department of Commerce
(Parts 1100--1199)
XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399)
[[Page 360]]
Title 16--Commercial Practices
I Federal Trade Commission (Parts 0--999)
II Consumer Product Safety Commission (Parts 1000--1799)
Title 17--Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1--199)
II Securities and Exchange Commission (Parts 200--399)
IV Department of the Treasury (Parts 400--499)
Title 18--Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of
Energy (Parts 1--399)
III Delaware River Basin Commission (Parts 400--499)
VI Water Resources Council (Parts 700--799)
VIII Susquehanna River Basin Commission (Parts 800--899)
XIII Tennessee Valley Authority (Parts 1300--1399)
Title 19--Customs Duties
I U.S. Customs and Border Protection, Department of
Homeland Security; Department of the Treasury
(Parts 0--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV U.S. Immigration and Customs Enforcement, Department
of Homeland Security (Parts 400--599)
Title 20--Employees' Benefits
I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)
III Social Security Administration (Parts 400--499)
IV Employees' Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Office of Workers' Compensation Programs, Department
of Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 1000--1099)
[[Page 361]]
Title 21--Food and Drugs
I Food and Drug Administration, Department of Health and
Human Services (Parts 1--1299)
II Drug Enforcement Administration, Department of Justice
(Parts 1300--1399)
III Office of National Drug Control Policy (Parts 1400--
1499)
Title 22--Foreign Relations
I Department of State (Parts 1--199)
II Agency for International Development (Parts 200--299)
III Peace Corps (Parts 300--399)
IV International Joint Commission, United States and
Canada (Parts 400--499)
V Broadcasting Board of Governors (Parts 500--599)
VII Overseas Private Investment Corporation (Parts 700--
799)
IX Foreign Service Grievance Board (Parts 900--999)
X Inter-American Foundation (Parts 1000--1099)
XI International Boundary and Water Commission, United
States and Mexico, United States Section (Parts
1100--1199)
XII United States International Development Cooperation
Agency (Parts 1200--1299)
XIII Millennium Challenge Corporation (Parts 1300--1399)
XIV Foreign Service Labor Relations Board; Federal Labor
Relations Authority; General Counsel of the
Federal Labor Relations Authority; and the Foreign
Service Impasse Disputes Panel (Parts 1400--1499)
XV African Development Foundation (Parts 1500--1599)
XVI Japan-United States Friendship Commission (Parts
1600--1699)
XVII United States Institute of Peace (Parts 1700--1799)
Title 23--Highways
I Federal Highway Administration, Department of
Transportation (Parts 1--999)
II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)
Title 24--Housing and Urban Development
Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)
[[Page 362]]
II Office of Assistant Secretary for Housing-Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 200--299)
III Government National Mortgage Association, Department
of Housing and Urban Development (Parts 300--399)
IV Office of Housing and Office of Multifamily Housing
Assistance Restructuring, Department of Housing
and Urban Development (Parts 400--499)
V Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 500--599)
VI Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 600--699) [Reserved]
VII Office of the Secretary, Department of Housing and
Urban Development (Housing Assistance Programs and
Public and Indian Housing Programs) (Parts 700--
799)
VIII Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Section 8 Housing Assistance
Programs, Section 202 Direct Loan Program, Section
202 Supportive Housing for the Elderly Program and
Section 811 Supportive Housing for Persons With
Disabilities Program) (Parts 800--899)
IX Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban
Development (Parts 900--1699)
X Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Interstate Land Sales
Registration Program) (Parts 1700--1799)
XII Office of Inspector General, Department of Housing and
Urban Development (Parts 2000--2099)
XV Emergency Mortgage Insurance and Loan Programs,
Department of Housing and Urban Development (Parts
2700--2799)
XX Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 3200--3899)
XXIV Board of Directors of the HOPE for Homeowners Program
(Parts 4000--4099)
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)
Title 25--Indians
I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--799)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Part 900)
[[Page 363]]
VI Office of the Assistant Secretary-Indian Affairs,
Department of the Interior (Parts 1000--1199)
VII Office of the Special Trustee for American Indians,
Department of the Interior (Parts 1200--1299)
Title 26--Internal Revenue
I Internal Revenue Service, Department of the Treasury
(Parts 1--End)
Title 27--Alcohol, Tobacco Products and Firearms
I Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury (Parts 1--399)
II Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice (Parts 400--699)
Title 28--Judicial Administration
I Department of Justice (Parts 0--299)
III Federal Prison Industries, Inc., Department of Justice
(Parts 300--399)
V Bureau of Prisons, Department of Justice (Parts 500--
599)
VI Offices of Independent Counsel, Department of Justice
(Parts 600--699)
VII Office of Independent Counsel (Parts 700--799)
VIII Court Services and Offender Supervision Agency for the
District of Columbia (Parts 800--899)
IX National Crime Prevention and Privacy Compact Council
(Parts 900--999)
XI Department of Justice and Department of State (Parts
1100--1199)
Title 29--Labor
Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)
II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)
[[Page 364]]
XVII Occupational Safety and Health Administration,
Department of Labor (Parts 1900--1999)
XX Occupational Safety and Health Review Commission
(Parts 2200--2499)
XXV Employee Benefits Security Administration, Department
of Labor (Parts 2500--2599)
XXVII Federal Mine Safety and Health Review Commission
(Parts 2700--2799)
XL Pension Benefit Guaranty Corporation (Parts 4000--
4999)
Title 30--Mineral Resources
I Mine Safety and Health Administration, Department of
Labor (Parts 1--199)
II Bureau of Safety and Environmental Enforcement,
Department of the Interior (Parts 200--299)
IV Geological Survey, Department of the Interior (Parts
400--499)
V Bureau of Ocean Energy Management, Department of the
Interior (Parts 500--599)
VII Office of Surface Mining Reclamation and Enforcement,
Department of the Interior (Parts 700--999)
XII Office of Natural Resources Revenue, Department of the
Interior (Parts 1200--1299)
Title 31--Money and Finance: Treasury
Subtitle A--Office of the Secretary of the Treasury
(Parts 0--50)
Subtitle B--Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts
51--199)
II Fiscal Service, Department of the Treasury (Parts
200--399)
IV Secret Service, Department of the Treasury (Parts
400--499)
V Office of Foreign Assets Control, Department of the
Treasury (Parts 500--599)
VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)
VIII Office of International Investment, Department of the
Treasury (Parts 800--899)
IX Federal Claims Collection Standards (Department of the
Treasury--Department of Justice) (Parts 900--999)
X Financial Crimes Enforcement Network, Department of
the Treasury (Parts 1000--1099)
Title 32--National Defense
Subtitle A--Department of Defense
I Office of the Secretary of Defense (Parts 1--399)
[[Page 365]]
V Department of the Army (Parts 400--699)
VI Department of the Navy (Parts 700--799)
VII Department of the Air Force (Parts 800--1099)
Subtitle B--Other Regulations Relating to National
Defense
XII Defense Logistics Agency (Parts 1200--1299)
XVI Selective Service System (Parts 1600--1699)
XVII Office of the Director of National Intelligence (Parts
1700--1799)
XVIII National Counterintelligence Center (Parts 1800--1899)
XIX Central Intelligence Agency (Parts 1900--1999)
XX Information Security Oversight Office, National
Archives and Records Administration (Parts 2000--
2099)
XXI National Security Council (Parts 2100--2199)
XXIV Office of Science and Technology Policy (Parts 2400--
2499)
XXVII Office for Micronesian Status Negotiations (Parts
2700--2799)
XXVIII Office of the Vice President of the United States
(Parts 2800--2899)
Title 33--Navigation and Navigable Waters
I Coast Guard, Department of Homeland Security (Parts
1--199)
II Corps of Engineers, Department of the Army (Parts
200--399)
IV Saint Lawrence Seaway Development Corporation,
Department of Transportation (Parts 400--499)
Title 34--Education
Subtitle A--Office of the Secretary, Department of
Education (Parts 1--99)
Subtitle B--Regulations of the Offices of the
Department of Education
I Office for Civil Rights, Department of Education
(Parts 100--199)
II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)
III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of Vocational and Adult Education, Department
of Education (Parts 400--499)
V Office of Bilingual Education and Minority Languages
Affairs, Department of Education (Parts 500--599)
VI Office of Postsecondary Education, Department of
Education (Parts 600--699)
VII Office of Educational Research and Improvement,
Department of Education (Parts 700--799)
[Reserved]
Subtitle C--Regulations Relating to Education
XI National Institute for Literacy (Parts 1100--1199)
XII National Council on Disability (Parts 1200--1299)
[[Page 366]]
Title 35 [Reserved]
Title 36--Parks, Forests, and Public Property
I National Park Service, Department of the Interior
(Parts 1--199)
II Forest Service, Department of Agriculture (Parts 200--
299)
III Corps of Engineers, Department of the Army (Parts
300--399)
IV American Battle Monuments Commission (Parts 400--499)
V Smithsonian Institution (Parts 500--599)
VI [Reserved]
VII Library of Congress (Parts 700--799)
VIII Advisory Council on Historic Preservation (Parts 800--
899)
IX Pennsylvania Avenue Development Corporation (Parts
900--999)
X Presidio Trust (Parts 1000--1099)
XI Architectural and Transportation Barriers Compliance
Board (Parts 1100--1199)
XII National Archives and Records Administration (Parts
1200--1299)
XV Oklahoma City National Memorial Trust (Parts 1500--
1599)
XVI Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Parts 1600--1699)
Title 37--Patents, Trademarks, and Copyrights
I United States Patent and Trademark Office, Department
of Commerce (Parts 1--199)
II U.S. Copyright Office, Library of Congress (Parts
200--299)
III Copyright Royalty Board, Library of Congress (Parts
300--399)
IV Assistant Secretary for Technology Policy, Department
of Commerce (Parts 400--599)
Title 38--Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0--199)
II Armed Forces Retirement Home (Parts 200--299)
Title 39--Postal Service
I United States Postal Service (Parts 1--999)
III Postal Regulatory Commission (Parts 3000--3099)
Title 40--Protection of Environment
I Environmental Protection Agency (Parts 1--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)
[[Page 367]]
VII Environmental Protection Agency and Department of
Defense; Uniform National Discharge Standards for
Vessels of the Armed Forces (Parts 1700--1799)
Title 41--Public Contracts and Property Management
Subtitle A--Federal Procurement Regulations System
[Note]
Subtitle B--Other Provisions Relating to Public
Contracts
50 Public Contracts, Department of Labor (Parts 50-1--50-
999)
51 Committee for Purchase From People Who Are Blind or
Severely Disabled (Parts 51-1--51-99)
60 Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Parts
60-1--60-999)
61 Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 61-1--61-999)
62--100 [Reserved]
Subtitle C--Federal Property Management Regulations
System
101 Federal Property Management Regulations (Parts 101-1--
101-99)
102 Federal Management Regulation (Parts 102-1--102-299)
103--104 [Reserved]
105 General Services Administration (Parts 105-1--105-999)
109 Department of Energy Property Management Regulations
(Parts 109-1--109-99)
114 Department of the Interior (Parts 114-1--114-99)
115 Environmental Protection Agency (Parts 115-1--115-99)
128 Department of Justice (Parts 128-1--128-99)
129--200 [Reserved]
Subtitle D--Other Provisions Relating to Property
Management [Reserved]
Subtitle E--Federal Information Resources Management
Regulations System [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300-99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Part 303-1--303-99)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)
Title 42--Public Health
I Public Health Service, Department of Health and Human
Services (Parts 1--199)
IV Centers for Medicare & Medicaid Services, Department
of Health and Human Services (Parts 400--599)
[[Page 368]]
V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1999)
Title 43--Public Lands: Interior
Subtitle A--Office of the Secretary of the Interior
(Parts 1--199)
Subtitle B--Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior
(Parts 400--999)
II Bureau of Land Management, Department of the Interior
(Parts 1000--9999)
III Utah Reclamation Mitigation and Conservation
Commission (Parts 10000--10099)
Title 44--Emergency Management and Assistance
I Federal Emergency Management Agency, Department of
Homeland Security (Parts 0--399)
IV Department of Commerce and Department of
Transportation (Parts 400--499)
Title 45--Public Welfare
Subtitle A--Department of Health and Human Services
(Parts 1--199)
Subtitle B--Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs),
Administration for Children and Families,
Department of Health and Human Services (Parts
200--299)
III Office of Child Support Enforcement (Child Support
Enforcement Program), Administration for Children
and Families, Department of Health and Human
Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families, Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
X Office of Community Services, Administration for
Children and Families, Department of Health and
Human Services (Parts 1000--1099)
XI National Foundation on the Arts and the Humanities
(Parts 1100--1199)
XII Corporation for National and Community Service (Parts
1200--1299)
XIII Office of Human Development Services, Department of
Health and Human Services (Parts 1300--1399)
[[Page 369]]
XVI Legal Services Corporation (Parts 1600--1699)
XVII National Commission on Libraries and Information
Science (Parts 1700--1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800--
1899)
XXI Commission on Fine Arts (Parts 2100--2199)
XXIII Arctic Research Commission (Part 2301)
XXIV James Madison Memorial Fellowship Foundation (Parts
2400--2499)
XXV Corporation for National and Community Service (Parts
2500--2599)
Title 46--Shipping
I Coast Guard, Department of Homeland Security (Parts
1--199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
III Coast Guard (Great Lakes Pilotage), Department of
Homeland Security (Parts 400--499)
IV Federal Maritime Commission (Parts 500--599)
Title 47--Telecommunication
I Federal Communications Commission (Parts 0--199)
II Office of Science and Technology Policy and National
Security Council (Parts 200--299)
III National Telecommunications and Information
Administration, Department of Commerce (Parts
300--399)
IV National Telecommunications and Information
Administration, Department of Commerce, and
National Highway Traffic Safety Administration,
Department of Transportation (Parts 400--499)
Title 48--Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1--99)
2 Defense Acquisition Regulations System, Department of
Defense (Parts 200--299)
3 Health and Human Services (Parts 300--399)
4 Department of Agriculture (Parts 400--499)
5 General Services Administration (Parts 500--599)
6 Department of State (Parts 600--699)
7 Agency for International Development (Parts 700--799)
8 Department of Veterans Affairs (Parts 800--899)
9 Department of Energy (Parts 900--999)
10 Department of the Treasury (Parts 1000--1099)
12 Department of Transportation (Parts 1200--1299)
13 Department of Commerce (Parts 1300--1399)
14 Department of the Interior (Parts 1400--1499)
[[Page 370]]
15 Environmental Protection Agency (Parts 1500--1599)
16 Office of Personnel Management, Federal Employees
Health Benefits Acquisition Regulation (Parts
1600--1699)
17 Office of Personnel Management (Parts 1700--1799)
18 National Aeronautics and Space Administration (Parts
1800--1899)
19 Broadcasting Board of Governors (Parts 1900--1999)
20 Nuclear Regulatory Commission (Parts 2000--2099)
21 Office of Personnel Management, Federal Employees
Group Life Insurance Federal Acquisition
Regulation (Parts 2100--2199)
23 Social Security Administration (Parts 2300--2399)
24 Department of Housing and Urban Development (Parts
2400--2499)
25 National Science Foundation (Parts 2500--2599)
28 Department of Justice (Parts 2800--2899)
29 Department of Labor (Parts 2900--2999)
30 Department of Homeland Security, Homeland Security
Acquisition Regulation (HSAR) (Parts 3000--3099)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
51 Department of the Army Acquisition Regulations (Parts
5100--5199)
52 Department of the Navy Acquisition Regulations (Parts
5200--5299)
53 Department of the Air Force Federal Acquisition
Regulation Supplement (Parts 5300--5399)
[Reserved]
54 Defense Logistics Agency, Department of Defense (Parts
5400--5499)
57 African Development Foundation (Parts 5700--5799)
61 Civilian Board of Contract Appeals, General Services
Administration (Parts 6100--6199)
63 Department of Transportation Board of Contract Appeals
(Parts 6300--6399)
99 Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and
Budget (Parts 9900--9999)
Title 49--Transportation
Subtitle A--Office of the Secretary of Transportation
(Parts 1--99)
Subtitle B--Other Regulations Relating to
Transportation
I Pipeline and Hazardous Materials Safety
Administration, Department of Transportation
(Parts 100--199)
II Federal Railroad Administration, Department of
Transportation (Parts 200--299)
III Federal Motor Carrier Safety Administration,
Department of Transportation (Parts 300--399)
IV Coast Guard, Department of Homeland Security (Parts
400--499)
[[Page 371]]
V National Highway Traffic Safety Administration,
Department of Transportation (Parts 500--599)
VI Federal Transit Administration, Department of
Transportation (Parts 600--699)
VII National Railroad Passenger Corporation (AMTRAK)
(Parts 700--799)
VIII National Transportation Safety Board (Parts 800--999)
X Surface Transportation Board, Department of
Transportation (Parts 1000--1399)
XI Research and Innovative Technology Administration,
Department of Transportation (Parts 1400--1499)
[Reserved]
XII Transportation Security Administration, Department of
Homeland Security (Parts 1500--1699)
Title 50--Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of
the Interior (Parts 1--199)
II National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 200--299)
III International Fishing and Related Activities (Parts
300--399)
IV Joint Regulations (United States Fish and Wildlife
Service, Department of the Interior and National
Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of
Commerce); Endangered Species Committee
Regulations (Parts 400--499)
V Marine Mammal Commission (Parts 500--599)
VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)
[[Page 373]]
Alphabetical List of Agencies Appearing in the CFR
(Revised as of July 1, 2014)
CFR Title, Subtitle or
Agency Chapter
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Council on Historic Preservation 36, VIII
Advocacy and Outreach, Office of 7, XXV
Afghanistan Reconstruction, Special Inspector 22, LXXXIII
General for
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development 2, VII; 22, II
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agriculture Department 2, IV; 5, LXXIII
Advocacy and Outreach, Office of 7, XXV
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Economic Research Service 7, XXXVII
Energy Policy and New Uses, Office of 2, IX; 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Institute of Food and Agriculture 7, XXXIV
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII, L
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV, L
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII, L
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force Department 32, VII
Federal Acquisition Regulation Supplement 48, 53
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII
[[Page 374]]
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers 36, XI
Compliance Board
Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Blind or Severely Disabled, Committee for 41, 51
Purchase from People Who Are
Broadcasting Board of Governors 22, V
Federal Acquisition Regulation 48, 19
Bureau of Ocean Energy Management, Regulation, 30, II
and Enforcement
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
Central Intelligence Agency 32, XIX
Chemical Safety and Hazardous Investigation 40, VI
Board
Chief Financial Officer, Office of 7, XXX
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Civil Rights, Commission on 5, LXVIII; 45, VII
Civil Rights, Office for 34, I
Council of the Inspectors General on Integrity 5, XCVIII
and Efficiency
Court Services and Offender Supervision Agency 5, LXX
for the District of Columbia
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce Department 2, XIII; 44, IV; 50, VI
Census Bureau 15, I
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 13
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Productivity, Technology and Innovation, 37, IV
Assistant Secretary for
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining 29, IX
Commission
Consumer Financial Protection Bureau 5, LXXXIV; 12, X
Consumer Product Safety Commission 5, LXXI; 16, II
Copyright Royalty Board 37, III
Corporation for National and Community Service 2, XXII; 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council on Environmental Quality 40, V
Court Services and Offender Supervision Agency 5, LXX; 28, VIII
for the District of Columbia
Customs and Border Protection 19, I
[[Page 375]]
Defense Contract Audit Agency 32, I
Defense Department 2, XI; 5, XXVI; 32,
Subtitle A; 40, VII
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
Army Department 32, V; 33, II; 36, III,
48, 51
Defense Acquisition Regulations System 48, 2
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, I, XII; 48, 54
Engineers, Corps of 33, II; 36, III
National Imagery and Mapping Agency 32, I
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 2, XI; 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
District of Columbia, Court Services and 5, LXX; 28, VIII
Offender Supervision Agency for the
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 2, XXXIV; 5, LIII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office 34, VII
of
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, 34, III
Office of
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Election Assistance Commission 2, LVIII; 11, II
Elementary and Secondary Education, Office of 34, II
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 2, IX; 5, XXIII; 10, II,
III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV,
VII
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary 24, I
for
Executive Office of the President 3, I
Administration, Office of 5, XV
Environmental Quality, Council on 40, V
Management and Budget, Office of 2, Subtitle A; 5, III,
LXXVII; 14, VI; 48, 99
[[Page 376]]
National Drug Control Policy, Office of 21, III
National Security Council 32, XXI; 47, 2
Presidential Documents 3
Science and Technology Policy, Office of 32, XXIV; 47, II
Trade Representative, Office of the United 15, XX
States
Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV
Family Assistance, Office of 45, II
Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
Federal Communications Commission 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 5, XXXVII; 11, I
Federal Emergency Management Agency 44, I
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination 12, XI
Council
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Agency 5, LXXX; 12, XII
Federal Housing Finance Board 12, IX
Federal Labor Relations Authority 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Financial Crimes Enforcement Network 31, X
Financial Research Office 12, XVI
Financial Stability Oversight Council 12, XIII
Fine Arts, Commission on 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the 45, V
United States
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
[[Page 377]]
Forest Service 36, II
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61
Federal Acquisition Regulation 48, 5
Federal Management Regulation 41, 102
Federal Property Management Regulations 41, 101
Federal Travel Regulation System 41, Subtitle F
General 41, 300
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death 41, 303
of Certain Employees
Relocation Allowances 41, 302
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Accountability Office 4, I
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 2, III; 5, XLV; 45,
Subtitle A,
Centers for Medicare & Medicaid Services 42, IV
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Human Development Services, Office of 45, XIII
Indian Health Service 25, V
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 2, XXX; 6, I; 8, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection 19, I
Federal Emergency Management Agency 44, I
Human Resources Management and Labor Relations 5, XCVII
Systems
Immigration and Customs Enforcement Bureau 19, IV
Transportation Security Administration 49, XII
HOPE for Homeowners Program, Board of Directors 24, XXIV
of
Housing and Urban Development, Department of 2, XXIV; 5, LXV; 24,
Subtitle B
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Equal Opportunity, Office of Assistant 24, I
Secretary for
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office 12, XVII
of
Government National Mortgage Association 24, III
Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX
of Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Inspector General, Office of 24, XII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Secretary, Office of 24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Human Development Services, Office of 45, XIII
Immigration and Customs Enforcement Bureau 19, IV
Immigration Review, Executive Office for 8, V
Independent Counsel, Office of 28, VII
Indian Affairs, Bureau of 25, I, V
[[Page 378]]
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V
Industry and Security, Bureau of 15, VII
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
Inspector General
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII, XV
Institute of Peace, United States 22, XVII
Inter-American Foundation 5, LXIII; 22, X
Interior Department 2, XIV
American Indians, Office of the Special 25, VII
Trustee
Bureau of Ocean Energy Management, Regulation, 30, II
and Enforcement
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
National Indian Gaming Commission 25, III
National Park Service 36, I
Natural Resource Revenue, Office of 30, XII
Ocean Energy Management, Bureau of 30, V
Reclamation, Bureau of 43, I
Secretary of the Interior, Office of 2, XIV; 43, Subtitle A
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Internal Revenue Service 26, I
International Boundary and Water Commission, 22, XI
United States and Mexico, United States
Section
International Development, United States Agency 22, II
for
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, 22, XII
United States
International Joint Commission, United States 22, IV
and Canada
International Organizations Employees Loyalty 5, V
Board
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
Investment Security, Office of 31, VIII
James Madison Memorial Fellowship Foundation 45, XXIV
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 2, XXVIII; 5, XXVIII; 28,
I, XI; 40, IV
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration Review, Executive Office for 8, V
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor Department 5, XLII
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
[[Page 379]]
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Office of Workers' Compensation Programs 20, VII
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Royalty Board 37, III
U.S. Copyright Office 37, II
Local Television Loan Guarantee Board 7, XX
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II, LXIV
Micronesian Status Negotiations, Office for 32, XXVII
Millennium Challenge Corporation 22, XIII
Mine Safety and Health Administration 30, I
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in 36, XVI
National Environmental Policy Foundation
Museum and Library Services, Institute of 2, XXXI
National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National and Community Service, Corporation for 2, XXII; 45, XII, XXV
National Archives and Records Administration 2, XXVI; 5, LXVI; 36, XII
Information Security Oversight Office 32, XX
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information 45, XVII
Science
National Council on Disability 34, XII
National Counterintelligence Center 32, XVIII
National Credit Union Administration 5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact 28, IX
Council
National Drug Control Policy, Office of 21, III
National Endowment for the Arts 2, XXXII
National Endowment for the Humanities 2, XXXIII
National Foundation on the Arts and the 45, XI
Humanities
National Highway Traffic Safety Administration 23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute for Literacy 34, XI
National Institute of Food and Agriculture 7, XXXIV
National Institute of Standards and Technology 15, II
National Intelligence, Office of Director of 32, XVII
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV,
VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
[[Page 380]]
National Science Foundation 2, XXV; 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI
National Security Council and Office of Science 47, II
and Technology Policy
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Transportation Safety Board 49, VIII
Natural Resources Conservation Service 7, VI
Natural Resource Revenue, Office of 30, XII
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy Department 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Interstate Low-Level Radioactive Waste 10, XVIII
Commission
Nuclear Regulatory Commission 2, XX; 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Ocean Energy Management, Bureau of 30, V
Offices of Independent Counsel 28, VI
Office of Workers' Compensation Programs 20, VII
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Overseas Private Investment Corporation 5, XXXIII; 22, VII
Patent and Trademark Office, United States 37, I
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death of 41, 303
Certain Employees
Peace Corps 2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, XXXV; 45, VIII
Human Resources Management and Labor Relations 5, XCVII
Systems, Department of Homeland Security
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Pipeline and Hazardous Materials Safety 49, I
Administration
Postal Regulatory Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House 1, IV
Fellowships
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Privacy and Civil Liberties Oversight Board 6, X
Procurement and Property Management, Office of 7, XXXII
Productivity, Technology and Innovation, 37, IV
Assistant Secretary
Public Contracts, Department of Labor 41, 50
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Recovery Accountability and Transparency Board 4, II
Refugee Resettlement, Office of 45, IV
Relocation Allowances 41, 302
Research and Innovative Technology 49, XI
Administration
Rural Business-Cooperative Service 7, XVIII, XLII, L
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV, L
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation 33, IV
[[Page 381]]
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and 47, II
National Security Council
Secret Service 31, IV
Securities and Exchange Commission 5, XXXIV; 17, II
Selective Service System 32, XVI
Small Business Administration 2, XXVII; 13, I
Smithsonian Institution 36, V
Social Security Administration 2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, 34, III
Office of
State Department 2, VI; 22, I; 28, XI
Federal Acquisition Regulation 48, 6
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Tennessee Valley Authority 5, LXIX; 18, XIII
Thrift Supervision Office, Department of the 12, V
Treasury
Trade Representative, United States, Office of 15, XX
Transportation, Department of 2, XII; 5, L
Commercial Space Transportation 14, III
Contract Appeals, Board of 48, 63
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II
Federal Motor Carrier Safety Administration 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 47, IV; 49, V
Pipeline and Hazardous Materials Safety 49, I
Administration
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Surface Transportation Board 49, X
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury Department 5, XXI; 12, XV; 17, IV;
31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs and Border Protection 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Claims Collection Standards 31, IX
Federal Law Enforcement Training Center 31, VII
Financial Crimes Enforcement Network 31, X
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Investment Security, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision, Office of 12, V
Truman, Harry S. Scholarship Foundation 45, XVIII
United States and Canada, International Joint 22, IV
Commission
United States and Mexico, International Boundary 22, XI
and Water Commission, United States Section
U.S. Copyright Office 37, II
[[Page 382]]
Utah Reclamation Mitigation and Conservation 43, III
Commission
Veterans Affairs Department 2, VIII; 38, I
Federal Acquisition Regulation 48, 8
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agricultural Outlook Board 7, XXXVIII
[[Page 383]]
List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations (CFR) that
were made by documents published in the Federal Register since January
1, 2009, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters, parts and
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the
annual edition of the monthly List of CFR Sections Affected (LSA). The
LSA is available at www.fdsys.gov. For changes to this volume of the CFR
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The
``List of CFR Sections Affected 1986-2000'' is available at
www.fdsys.gov.
2009
29 CFR
74 FR
Page
Chapter XVII
1915.5 (b), (c), (d)(1) introductory text and (iv) through (ix)
revised; (d)(1)(x), (xi) and (5) added.....................46357
1915.153 (b) revised...............................................46358
1915.155 (b) revised...............................................46358
1915.156 (b) revised...............................................46358
1917 Authority citation revised....................................46358
1917.3 (a)(2), (3), (4), (b) introductory text and (4) through (7)
revised; (b)(8) through (12) and (c) added.................46358
1917.91 (a)(1) revised.............................................46359
1917.93 (b) revised................................................46359
1917.94 (b) revised................................................46360
1918 Authority citation revised....................................46360
1918.3 (a)(2), (3), (4), (b) introductory text, (4), (5) and (6)
revised; (b)(7) through (11) and (c) added.................46360
1918.101 (a)(1) revised............................................46361
1918.103 (b) revised...............................................46361
1918.104 (b) revised...............................................46361
2010
29 CFR
75 FR
Page
Chapter XVII
1915.1026 (d)(4)(i) revised........................................12686
Regulation at 75 FR 12686 confirmed............................27188
2011
29 CFR
76 FR
Page
Chapter XVII
1915 Authority citation revised.............................24698, 33609
1915.5 (d)(1)(xii) and (xiii) added................................24698
1915.11--1915.16 (Subpart B) Appendix A amended....................33609
1915.80--1915.94 (Subpart F) Revised...............................24698
1915.112 (a), (b)(1), (3), (c)(1) and (3) revised..................33609
1915.113 (a) revised...............................................33609
1915.118 Tables G-1 through G-5, G-7, G-8 and G-10 removed; Tables
G-6 and G-9 redesignated as new Tables G-1 and G-2.........33610
1915.152 (e)(4) removed............................................33610
1915.162 (a)(1) revised............................................24711
1915.163 (a)(1) revised............................................24711
1915.164 (a)(2) and (3) revised....................................24711
1915.181 (c) revised...............................................24711
1915.1000 (d)(1)(ii) correctly revised.............................80740
[[Page 384]]
1915.1001 (h)(3)(i) and Appendix C revised; (h)(3)(ii), (iii), (4)
and (n)(8)(ii) removed; (h)(3)(iv) and (n)(8)(ii)
redesignated as new (h)(3)(ii) and (n)(8)..................33610
1917 Authority citation revised....................................33610
1917.2 Amended.....................................................33610
1917.127 (a)(1)(iii) revised.......................................33610
1918 Authority citation revised....................................33610
1918.2 Amended.....................................................33610
1918.95 (a)(1)(iii) revised........................................33610
1919 Authority citation revised....................................33610
1919.6 (a)(1) introductory text revised............................33610
1919.11 (d) revised................................................33610
1919.12 (f) revised................................................33610
1919.15 (a) revised................................................33610
1919.18 (b) revised................................................33611
2012
29 CFR
77 FR
Page
Chapter XVII
1915 Authority citation revised....................................17888
Regulation at 77 FR 17888 confirmed............................62433
1915.5 (d)(1)(ix), (x) and (xi) revised; eff. 9-20-12..............37598
Regulation at 77 FR 37598 confirmed............................68684
1915.8 Table amended (OMB numbers)....................................19
1915.155 (b)(1) revised; eff. 9-20-12..............................37599
Regulation at 77 FR 37599 confirmed............................68684
1915.1001 (i)(3), (k)(7) and (8) revised...........................17888
Regulation at 77 FR 17888 confirmed...........................62433
1915.1026 (g)(2)(iv) and (j)(1) revised............................17889
Regulation at 77 FR 17889 confirmed............................62433
1917 Authority citation revised....................................37599
Regulation at 77 FR 17889 confirmed............................62433
1917.3 (b)(9), (10) and (11) revised; eff. 9-20-12.................37599
Regulation at 77 FR 37599 confirmed............................68684
1917.93 (b)(1) revised; eff. 9-20-12...............................37599
Regulation at 77 FR 37599 confirmed............................68684
1918 Authority citation revised....................................37599
Regulation at 77 FR 37599 confirmed............................68684
1918.3 (b)(9), (10) and (11) revised; eff. 9-20-12.................37599
Regulation at 77 FR 37599 confirmed............................68684
1918.103 (b)(1) revised; eff. 9-20-12..............................37600
Regulation at 77 FR 37599 confirmed............................68684
2013
29 CFR
78 FR
Page
Chapter XVII
1915.1001 Appendix K amended........................................9315
2014
(Regulations published from January 1, 2014, through July 1, 2014)
29 CFR
79 FR
Page
Chapter XVII
1917 Authority citation revised....................................22020
1917.71 (i) introductory text revised; (i)(9)(vii) added; (i)(10)
removed; eff. 7-21-14......................................22020
[all]